The method of appealing a decision involving a temporary permits, such as refusal to issue a permit or action suspending or revoking a permit, is as follows.
(A) Scope. This section shall apply to all appeals from any action of any city officer or employee, appeals from any committee or other body of the city refusing to issue a permit. This section shall also apply to appeals from any action by a city officer or employee, or by any committee or other body to the city, revoking or suspending a permit.
(B) Appeal to department head. Any decision made by an employee of the city with a lower rank than a department head may be taken to the head of the department in which the employee is working. The appeal may be taken by filing a written note, notice or letter with the department head, briefly describing the decision being appealed. The person taking the appeal must file the note, notice or letter within ten days of the date of being notified of the decision from which the appeal is taken. The department head shall provide an opportunity for a conference, and shall decide the appeal promptly.
(C) Appeal to City Council. Any decision made by a department head, whether an original decision or a decision on appeal from an employee’s decision, may be appealed to the City Council. Any decision made by a committee or board of the city may be appealed to the City Council. The appeals shall be taken within ten days of the date that the person taking the appeal was notified of the decision from which the appeal is taken. Appeals shall be taken by filing a note, notice or letter with the City Secretary, identifying the decision from which the appeal is taken.
(D) Action by City Council. The City Council shall take all action on permit appeals at open meetings. All requirements of state law on open meetings shall be observed. The City Council’s decision shall be final, subject to the right to contest the matter in an appropriate court action.
(Ord. 89-3, passed 2-21-1989)