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A. Except as hereinafter provided by this section, all appeals from a decision, determination, or order made or issued by a city board, commission, officer, or employee must be commenced within the following time limits:
1. If the appeal is from the final decision of a city board or commission, the appeal must be commenced within 10 days following the date of the meeting at which the decision was made.
2. If the appeal is from a decision, determination, or order made or issued by a city officer or employee, the appeal must be commenced within 10 days from the date on which written notice of such decision, determination, or order is personally served on the person who is the subject of the decision, determination, or order, or owner of property which is the subject of the decision, determination, or order, or within 10 days of the date on which written notice of the decision, determination, or order is deposited in the U.S. mail, addressed to such person at the person’s last known address, whichever first occurs.
B. Where a provision of this code, or the statutes or regulations of the state, require notice of a particular decision, determination, or order of a city board, commission, officer, or employee be served or otherwise given in a particular manner, and specify the date on which such notice will be deemed to have been served or given, then an appeal from such decision, determination, or order must be commenced within 10 days of the date the decision, determination, or order is deemed served or given by such code provision, statute, or regulation.
C. If an appeal from a decision, determination, or order of a city board, commission, officer, or employee not to approve a lease, license, permit, or other entitlement has not been commenced within the time required by subsections A and B above, the council may, nevertheless, extend the time for commencing such appeal for good cause shown.
D. Nothing in this section shall be deemed or construed to extend or authorize the extension of any time limit established by state law to commence an appeal of any decision, determination, or order subject to such law.
(Ord. 2004 §4 (part), Ord. 2151 §4, Ord. 2257 §1)
All appeals from a decision, determination or order of a city board, commission, officer or employee which are made pursuant to the provisions of this chapter shall be commenced by filing a notice of appeal in the office of the city clerk. Such notice shall be in the form and contain the following information:
A. The name, address and telephone number of the person making the appeal;
B. Identification of the board or commission, or name and title of the city officer or employee having made the decision or determination or having issued the order which is the subject of the appeal;
C. A description of the decision, determination or order which is the subject of the appeal, and the date such decision, determination or order was made or issued;
D. A brief description of all grounds for making the appeal; and
E. Such other information as may be required by the city clerk.
(Ord. 2004 §4 (part))
At the time of commencing an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the person making the appeal shall deposit with the city clerk an appeal filing fee in an amount established by resolution of the city council, which shall not exceed the average costs to the city for the staff time and other resources necessary to prepare a record of appeal, prepare and serve all notices required in connection with an appeal, and otherwise process an appeal.
(Ord. 2004 §4 (part))
Where an appeal is commenced to review a decision or determination made by a city board, commission, officer or employee to approve a lease, license, permit or other entitlement, the filing of the notice of appeal shall stay such decision or determination until such time as the city council may affirm the decision or determination, or until such time as the decision or determination is deemed affirmed in the manner hereinafter provided by this chapter. Similarly, where an appeal is commenced to review the determination of a city officer or employee to issue an order, save and except for an order to stop work, vacate a dangerous building or structure, or abate a hazardous condition, such order shall be stayed until such time as the city council may affirm the order or the order is deemed affirmed in the manner hereinafter provided by this chapter. However, upon application therefor, the city council or the city manager may lift the stay of such decision, determination or order for good cause shown.
(Ord. 2004 §4 (part))
Upon the commencement of an appeal, the city clerk shall promptly provide a copy of the notice of appeal to the city officer or employee, or the secretary of the city board or commission having made the decision or determination which is the subject of the appeal.
(Ord. 2004 §4 (part), Ord. 2373 §1)
Upon the timely receipt of a notice of appeal and the applicable filing fee, the city clerk shall set the matter for a public hearing not less than 30 thirty nor more than 45 days following the date the city clerk received the notice of appeal. The city clerk shall cause written notice of the date, time and place of such hearing to be served on the person who commenced the appeal, on the applicant for the lease, license, permit or other entitlement which is the subject of the appeal or the recipient of the order which is the subject of the appeal if other than the person who commenced the appeal, and on any other person who has filed a written request with the city clerk for notice of any hearing on the appeal, all at least 10 days prior to the date of such hearing.
(Ord. 2004 §4 (part), Ord. 2373 §5)
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