A. Appeal Of Administrative Determinations.
1. General Provisions: The Council shall hear and decide appeals where it is alleged there is error in any order, reguirement, recommendation or determination made by the Administrator. department officials and employees in the enforcement of this Code. Appeals concerning staff interpretation or administration of this Code may be filed by an ersona rieved. All a eals involvin inter retation and enforcement shall first be presented to the City Council and recourse from the decision of the Council shall be to the courts as provided by law.
2. Procedures: Appeals shall be filed within a reasonable time not to exceed thirty (30) days from occurrence of the action being appealed. by filing with the City Clerk a written notice of appeal specifying the grounds thereof and relief sought. The Council shall decide the same within a reasonable time following the hearing. At the hearing, any affected party may appear in person, by agent or attorney.
a. Appeals must be in writing, filed with the clerk, specify the action, order, or decision appealed from, and state the relief sought.
b. Upon receipt of an appeal, the clerk shall:
i. Collect any required fees;
ii. Set the matter to be heard by the council within a reasonable time;
iii. Fix a reasonable time for the hearing of the appeal;
iv. Give notice of the hearing;
v. Notify any affected parties, including but not limited to the appellant and the employee whose action is the subject of the appeal, or the commission when a final order or decision of the commission is the subiect of the appeal, of the time and place of the hearing before the Council:
3. Appeal Stays Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the Council finds, after the notice of appeal is filed with it, that by reason of facts stated in the appeal, a stay would, in their opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the courts after having due cause shown.
B. Appeal Of Planning Commission Decision. Appeals concerning a final decision made by the Planning Commission may be filed by any applicant or affected person and such appeal shall be processed under the same provisions as outlined in subsection A. of this section and chapter.
C. Appeal/Reconsideration Of City Council Decision.
1. Any affected person may request reconsideration of a final decision made by the City Council by filing such request within a reasonable time not to exceed fourteen (14) days from the date of signing of the final decision, or from the date of the decision if no written decision will be created. Such a request for reconsideration shall specify the grounds of the appeal or deficiencies in the decision and shall be filed with the City Clerk.
2. The City Council shall review the petition for reconsideration at its next regular meeting and decide whether to reconsider the matter. If the City Council grants reconsideration in whole or in part, a hearing before the City Council will be scheduled to address the specific deficiencies identified by the applicant or affected person which (if applicable) shall be conducted pursuant to the notice procedures set forth in section 5-10-3. The issues examined upon reconsideration shall be limited to the issues raised by the petition for reconsideration and the record previously established, as well as applicable law.
3. Following the hearing on reconsideration, the City Council may affirm, reverse, or modify, in whole or in part, its prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the City Council fails to timely decide, the request for reconsideration is deemed denied.
D. Judicial Appeals. After a written decision is issued, or after a revised written decision is issued under a reconsideration proceeding, any affected party may appeal the decision to a court of competent jurisdiction. (Ord. 264, 3-5-2020)