Any person disputing the building official's application or interpretation of any code adopted by this chapter shall have a right of appeal pursuant to the provisions of this section.
A. Filing; Information: The person filing the appeal (appellant) shall file an appeal with the city recorder. The appeal must be in writing and must include:
1. The name, address and daytime telephone number of the appellant;
2. The date of the decision from which the appeal is made;
3. A description of all facts and circumstances giving rise to the decision and the appeal, including all relevant documents, plans and drawings submitted to the building official and all relevant documents, plans and drawings received from the building official;
4. A copy of the written decision from which the appellant is appealing. If no written decision exists, the appellant shall submit an affidavit describing the decision; and
5. A description of the relief requested, including a description of the decision the appellant feels should have been made.
B. Time Limit For Filing: Appeals must be filed within thirty (30) days of the date of the decision from which the appeal is taken.
C. Incomplete: Appeals which do not contain all of the information described in subsection A of this section shall be deemed incomplete and shall be returned to the appellant. The appellant shall then have an additional thirty (30) days to submit a complete appeal.
D. Notification; Response: Upon receiving an appeal, the city recorder shall notify the building official that an appeal has been filed and the building official shall have twenty (20) days to respond. Responses shall be in writing and may be accompanied by any additional documents, plans or drawings which were not submitted with the original appeal and which the building official believes will be beneficial in explaining the original decision. The response, if any, shall be submitted to the city recorder.
E. Failure To Respond: If the building official fails to submit a response within twenty (20) days of receiving notice of the appeal, the city recorder may presume that the building official will not file a response.
F. Referral To Planning Commission: Within thirty (30) days of receiving an appeal, the city recorder shall refer the appeal and any response to the planning commission for a hearing. The planning commission shall convene a hearing on the appeal within thirty (30) days after the matter is referred to them by the city recorder.
G. Hearing Notice: The planning commission shall give the appellant at least ten (10) days' notice of the time and place of the hearing.
H. Hearing Procedure: At the hearing on the matter, the appellant shall have a right to: 1) be represented by an attorney at his own expense; 2) present evidence and call witnesses regarding the appeal; and 3) cross examine any witnesses called by the city in support of the original decision.
I. Written Decision: The planning commission shall issue a written decision to the appellant, building official, and city recorder regarding the appeal within thirty (30) days of the date of the hearing.
J. Limited Authority Of Planning Commission: The planning commission shall have no authority to hear appeals regarding the administrative provisions of the codes. The planning commission shall have no authority to waive any of the requirements of any of the codes.
K. Fee Required: The appellant shall be required to pay the fee specified by the city's fee schedule at the time the appeal is filed with the city recorder. If the planning commission overturns the original decision of the building official, the fee shall be refunded to the appellant. (Ord. 2008-17, 12-9-2008)