(A) Appeals.
(1) Appeals to the Appeals and Variance Hearing Officer shall be filed in writing with the City Recorder within 30 calendar days from the date of the decision or action appealed. The officer or department from whom the appeal is taken shall forthwith transmit to the Appeals and Variance Hearing Officer all papers constituting the record upon which the action appealed was taken. Appeals shall only be accepted in which final action of the land use authority has been made, as evidenced by issuance of a permit or other final written action. The Zoning Administrator shall determine the completeness of the appeal and shall reject any appeal filed without the required fee or submitted after the 30 calendar day deadline has expired.
(2) The Appeals and Variance Hearing Officer shall determine the correctness of a decision of the land use authority in its interpretation and application of this subchapter and Title XV of this code. Only those decisions in which a land use authority has applied this subchapter and Title XV of this code to a particular application, person, or parcel may be appealed to the Appeals and Variance Hearing Officer. No person may challenge a legislative decision by a land use authority to the Appeals and Variance Hearing Officer, including land use ordinance amendment, General Plan amendment or interpretation, or zoning map amendment.
(3) In reviewing a decision of a land use authority, the Appeals and Variance Hearing Officer must affirm that decision, unless it is found that a decision interpreting or applying this title was arbitrary, capricious, or illegal. An appeal is not subject to de novo review.
(4) In exercising its powers, the Appeals and Variance Hearing Officer may reverse or affirm, in whole or in part, or modify an order, decision, or determination, to make such order, decision, or determination, consistent with county ordinances and other applicable laws.
(5) Appeals may not be used to waive or modify the terms or requirements of this subchapter and Title XV of this code.
(B) Decisions of the Appeals and Variance Hearing Officer. At the hearing of any matter, the parties affected may appear in person with or without an attorney. The Appeals and Variance Hearing Officer shall decide all appeals and other issues brought before it within a reasonable time.
(C) Stay of proceedings. An appeal to the Appeals and Variance Hearing Officer shall not stay proceedings taken in furtherance of the action appealed from unless such proceedings are specifically stayed by order of the Zoning Administrator. An appellant may request a stay by submitting to the City Recorder, in writing, an application for a stay setting forth the reasons why a stay is necessary to protect against imminent harm. In determining whether or not to grant a stay, the Zoning Administrator shall assure that all potentially affected parties are given the opportunity to comment on the request. A ruling on the request for a stay shall be given within five business days from the date the request is received by the City Recorder. The Zoning Administrator, in granting a stay, may impose additional conditions to mitigate any potential harm that may be caused by the stay, including requiring the appellant to post a cash escrow financial guarantee. Within ten business days of the Zoning Administrator’s decision regarding the grant or denial of a stay, any aggrieved party may appeal the decision to the Appeals and Variance Hearing Officer, whose decision will be final.
(D) Appeals from the Appeals and Variance Hearing Officer. Any person aggrieved by a final decision of the Appeals and Variance Hearing Officer may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided that the petition for such relief is presented to the court within 30 calendar days from the date of the decision of the Appeals and Variance Hearing Officer.