1. The City Council, in regular or special session, shall sit as the Board of Appeals and, on appeals under this chapter, may seek additional professional counsel schooled in matters contained in this chapter. A simple majority of the appeal board shall be deemed to settle matters brought before the board.
2. The City Council, sitting as the Board of Appeals, shall hold meeting from time to time and conduct hearings on appeals. The appeal board shall act within thirty (30) days on a timely written request, and it the appeal board fails to act within thirty (30) days after the filing of a timely written appeal, the appeal shall be deemed granted in favor of the appellant.
3. Any person aggrieved by any ruling, decision, interpretation or order regarding the denial of a Construction Site Runoff Permit or a Stop Work Order by the City Engineer shall have the right to appeal to the Board of Appeals by filing written notice of such appeal with the City Clerk within ten (10) business days from the date of the City Engineer's ruling. If such a notice is filed, the City Engineer shall set a time and place for hearing and so notify the party that has filed the appeal. The hearing shall be open to the public and subject to the time limitation set out in the immediately preceding subsection. The Board of Appeals by majority vote of the members present shall affirm, modify or reverse an appealed ruling, decision, interpretation or order of the City Engineer. The Board of Appeals may permit such variance that can be made without increasing the health or safety of persons or property, and when the granting thereof will not violate the intent and purpose of this chapter. Mere inconvenience or additional cost to the appellant is not grounds for the granting of such variance.
4. The Board of Appeals shall act within thirty (30) days on a timely written request. A decision by the Board of Appeals modifying, affirming or reversing the decision of the City Engineer must be in writing and supported by written findings establishing the reasonableness of the decision.
5. Upon after both fully availing itself of the review process set forth in paragraphs above, and upon receiving formal, written affirmation of a permit denial or revocation of a permit for which the aforementioned review process was requested, the Person may bring an action in district court to review a decision of the City made under this chapter.
(Ch. 159A - Ord. 2023-1015 - Mar. 24 Supp.)