A. Any person affected by the denial or revocation of a permit, or by any other decision or action by the City concerning a Sign or sign permit, may appeal.
B. An appeal must be in writing and received by the City Clerk’s office within ten (10) business days of the decision or action from which the appeal is taken. The written appeal must identify the decision or action from which the appeal is taken, the factual and/or legal error or errors allegedly made in the decision or action, and the requested relief, and must provide any evidence supporting the appeal, a brief summary of the arguments supporting the relief sought, and state whether a hearing is requested. A notice of appeal which does not contain a request for a hearing will be decided on the record.
C. No further enforcement action will be taken with regard to the Sign pending the appeal; PROVIDED, if the Sign is deemed an imminent danger to lives or property, removal of the Sign as provided in this Chapter may proceed during the appeal.
D. All appeals shall be heard by the hearing officer appointed to hear appeals under this Chapter.
E. If a hearing is requested, the City Clerk will set a date, time, and place for the hearing as soon as reasonably possible, but not earlier than five (5) days nor more than thirty (30) days from the date the appeal was received by the City Clerk, unless the City and the appealing party agree to a different date. Evidence may be presented and witnesses may be called at the hearing. The Idaho Rules of Evidence shall not apply at the hearing, but the hearing officer shall accept such evidence and witness testimony that pertains to the issues raised by the appeal.
F. The hearing officer will conduct the hearing in an orderly and timely manner, and will rule on all issues that arise during the course of the hearing. The hearing officer will make rulings in a manner which ensures that any relevant evidence is admitted.
G. The hearing officer will decide any factual question by a preponderance of the evidence and issue a written decision within fifteen (15) days of the date of the hearing. The hearing officer may affirm, reverse, or affirm with conditions any decision to deny or revoke a permit.
H. The decision of the hearing officer shall be final. (Ord. 3698 §3, 2022)