(A) General. An administrative appeal may be brought before the City Council for review of the Floodplain Administrator’s order, decision to grant, condition or deny a floodplain permit or interpretation of the regulated flood hazard area boundary.
(B) Appeals requirements. The following provisions apply to administrative appeals:
(1) An appeal shall include the basis of the appeal and supporting information including specific findings and conclusions of the Floodplain Administrator’s decision being appealed;
(2) An appeal may be submitted by an applicant and/or anyone who may be aggrieved by the Floodplain Administrator’s decision or order;
(3) Appeals must be received within 30 days of the date of the decision or order of the Floodplain Administrator; and
(4) Additional information specific to the appeal request may be requested by the review panel.
(C) Notice and hearing.
(1) Notice of the pending appeal and hearing shall be provided pursuant to § 152.08(B). The Floodplain Administrator may notify DNRC and FEMA of pending appeals.
(2) A public hearing on the appeal must be held within 30 days of the notice unless set otherwise.
(D) Decision. A judgment on an appeal shall be made within 30 days of the hearing unless set otherwise. The decision may affirm, modify or overturn the Floodplain Administrator’s decision. A decision on an appeal of a permit cannot grant or issue a variance. A decision may support, reverse or remand an order or determination of a boundary of the regulated flood hazard area by the Floodplain Administrator.
(E) Judicial review. Any person or persons aggrieved by the decision on an administrative appeal may appeal such decision to the District Court for the county.
(Ord. 2018-01, passed 5-21-2008)