A. Appeals From Decisions Of Administrator:
1. Appeals To Council: Appeals to the council concerning the administrator's interpretation and administration of this title may be taken by any person aggrieved by a decision of said administrator. Said appeal shall be taken within twenty (20) calendar days after the decision of the administrator by filing with the administrator a notice of appeal specifying the grounds upon which the appeal is to be taken. The appellant shall lodge all legal and factual material in support of the appeal with the administrator within fourteen (14) calendar days after the notice of appeal is filed. If any of such lodged material had not been submitted to the administrator prior to the administrator's decision, the council may remand the matter to the administrator for reconsideration in light of the new material. The cost of an appeal from decisions of the administrator shall be based on the schedule of fees.
2. Hearing By Council: The council shall hold a public hearing on all appeals from decisions of the administrator as soon as possible following receipt of the notice of appeal. The council shall publish a copy of the notice of appeal, together with the time, place, and date of the appeal hearing, in one newspaper of general circulation in the county, once, at least fifteen (15) days prior to the public hearing.
3. Decision By Council: The council shall, within twenty eight (28) days after the public hearing, enter a written order affirming, reversing, or modifying the administrator's decision. The order shall also contain the reasons for the administrator's decision. The council may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision under procedures outlined in subsection B3 of this section.
B. Appeals From Decisions Of Commission:
1. Appeals To Council: Any person aggrieved by any final action of the commission may appeal the commission's decision to the council by filing a notice of appeal within twenty (20) days of the commission's final action. The notice of appeal shall state the date and substance of the decision appealed from and state the grounds for the appeal. Copies of the notice of appeal shall be filed with both the council and the commission. The administrator shall provide any such aggrieved person with a written statement of the estimated cost of transcript preparation.
2. Transmission Of Record And Briefs:
a. Transmission Of Record: Within thirty (30) days after a notice of appeal is filed, the commission shall prepare five (5) copies of a summary of the proceedings appealed from and forward said summary to the council. The cost of an appeal shall be based on the schedule of fees and shall include the cost of transcript preparation. The cost of such preparation shall be based on current costs of outside temporary employees to furnish such transcripts and the cost shall be paid by the appellant before the transcript may be forwarded to the council. The commission shall serve one copy of the summary or transcript on the appellant and one copy on the attorney for the respondent. The commission shall submit to the council with the summary or transcript all documents, exhibits, and orders pertinent to the appeal. The entire record shall be forwarded to the council with a certificate signed by the administrator listing all documents in the record in chronological order of filing together with the administrator's certificate stating that the documents listed comprise the complete record of the commission's proceedings.
b. Briefs On Appeal:
(1) Definition: For the purpose of this section, "brief" is defined as any written document, regardless of form, outlining the parties' legal positions. Parties to an appeal are not required to file briefs. If a party chooses not to file a brief, the administrator shall be notified in writing.
(2) Number Of Copies: The original and five (5) copies of all appellate briefs shall be filed with the administrator.
(3) Time For Filing: The appellant's brief shall be filed within fourteen (14) calendar days of receipt of the transcript. The respondent's brief shall be filed within fourteen (14) calendar days from receipt of the appellant's brief. No briefs shall be accepted outside of the time periods described under this subsection. If the commission is the only respondent, no respondent's brief is required.
3. Hearing By Council: The council shall hold a hearing on the appeal as soon as possible following receipt of the administrator's certificate and the commission's record. The council shall publish a notice specifying the time, date and place of the hearing and stating the subject of the appeal. The notice shall be published once in a newspaper of general circulation at least fifteen (15) days prior to the hearing. The council may not take additional evidence at the hearing. The parties to the appeal may present briefs to the board. Each party may present not more than fifteen (15) minutes of oral argument to the council.
4. Decision By Council: The council shall enter an order within fifteen (15) days after the hearing affirming, reversing, or modifying the commission's decision. The order shall contain a statement of the decision. The council may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision under procedures outlined in subsection B3 of this section.
C. Request For Rehearing: Any applicant or affected person seeking judicial review of compliance with the provisions of this section must first seek reconsideration of the final decision within fourteen (14) days. The applicant will inform the administrator of what changes are requested. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. (Ord. 258, 10-9-2014)