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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)
A. Upon the setting of a date for a hearing on an appeal, the secretary of the board or commission who made or issued the decision, or the officer or employee who made or issued the decision, determination of order which is the subject of the appeal shall promptly cause a record of the proceedings regarding the decision, determination or order to be prepared and transmit it to the city clerk. The city clerk shall cause the record of proceedings to be placed before the city council on or before the date set for the public hearing on the appeal. If the appeal is from a decision or determination of a city board or commission, the record of proceedings shall consist of a staff report summarizing the proceedings before the board or commission and all written documents or other evidence presented to the board or commission at the time it made its decision or determination. Similarly, if the appeal is from a decision, determination or order made or issued by a city officer or employee, the record of proceedings shall consist of a report of such officer or employee summarizing the decision and the basis for same, as well as all written documents and other evidence considered by the city officer or employee making or issuing the decision, determination or order.
B. The person having commenced an appeal, any other person interested in the outcome of the appeal, or the city manager, may cause a verbatim transcript to be made of any stenographic notes, audio recordings or television recordings of proceedings before the city board, commission, officer or employee having made or issued the decision, determination or order which is the subject of the appeal, all at the sole cost and expense of the person or entity requesting such transcript. Where such verbatim transcript is prepared and transmitted to the city clerk on or before the date set for the public hearing on the appeal, the transcript shall be included and considered by the city council as part of the record of proceeding on the appeal.
(Ord. 2373 §6)
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