(A) Decision. Any written decision by the Codes Enforcement Officer or Planning and Zoning Commission may be appealed to the City Council.
(1) Filing deadlines. An appeal to a written decision by the Code Enforcement Officer or the Planning and Zoning Commission must be filed with the City Clerk-Treasurer within 15-calendar days after the date of the written decision. The date and time received shall be entered on the appeal by the City Clerk-Treasurer.
(2) Written decision. Any written decision of the City Council may be appealed to the appropriate district court, pursuant to the New Mexico State Statutes.
(B) Nature of appeals specified. An appeal must be in writing, and must state the exact nature of the appeal and specific reasons for it, including the section of this subchapter which is proposed as having been violated in the decisions being appealed.
(C) Administration of appeals. Within 10 days of receiving the notice of appeal, the City Clerk-Treasurer shall inform the City Council who shall set the appeal for hearing at the next legally permissible meeting. One week prior to the meeting at which the appeal will be heard, the City Clerk-Treasurer shall transmit the appeal and all documents constituting the record relating to the action being appealed to the City Council which may affirm or reverse (in part or in whole), or may modify the order, requirement or decision or determine that in its opinion ought to be made in the case before it.
(D) Required findings for approving appeals. Prior to deciding an appeal and reversing a decision by the Code Enforcement Officer or the Planning and Zoning Commission, the City Council must determine and make findings that the decision under appeal was illegal, in whole or in part.
(E) Public notice of appeals. The City Clerk-Treasurer shall mail a notice of the time, place and purpose of the appeal hearing to the applicant, and shall fulfill the notification requirements found in § 155.006(J).
(Ord. 87, passed 11-2-2005)