A. Filing: An applicant or affected person may appeal a final decision of the administrator, hearing examiner or commission may appeal in writing any final decision by filing a written notice of appeal with the Hailey city clerk within fifteen (15) days from the date of the decision. An appeal of a final decision by the administrator or the hearing examiner shall be heard by the commission. An appeal of a final decision by the commission or an appeal of a decision heard on appeal by the commission shall be heard by the council. Any appeal shall not be a de novo hearing and shall be based solely on the record before the administrator, hearing examiner or commission, as the case may be. The record shall consist of all the documents presented to administrator, hearing examiner or commission (such as the application, supporting documents, letters and studies), the minutes of any meeting and the findings of fact and conclusions of law. The appellant may also have a verbatim transcript of the hearing before the hearing examiner or commission prepared to be submitted on appeal. The cost of the preparation of the record and transcript shall be paid by the appellant. The appeal shall specifically state the decision appealed, the issues to be raised on appeal and reasons for the appeal. If no appeal is filed within the fifteen (15) day period, the decision shall be deemed final.
B. Costs And Fees: At the time of the filing of the notice of appeal, the appellant shall pay the costs of preparing the transcript and record estimated by the administrator and the fee for filing an appeal, as established by ordinance. The administrator will prepare one original transcript (if applicable) and record and eight (8) copies of the transcript (if applicable) and record. If the costs of preparing the transcript and record exceed the estimated costs paid by the appellant, the appellant shall pay the difference before a hearing on the appeal is heard.
C. Hearing: Once the transcript and record have been prepared, the administrator shall schedule a hearing on appeal with the commission or council for the next available hearing date. If the appellant desires to file a brief in support of the appeal, the appellant shall file an original brief and eight (8) copies of the brief with the administrator five (5) business days before the scheduled appeal hearing. If the brief is not timely filed, the commission and the council may elect not to consider the brief. The appellant and appellant's representative and a city representative shall only be entitled to present argument before the commission or council.
D. Request For Reconsideration Required: Failure to identify the nature of compliance or noncompliance with express approval standards or failure to explain compliance or noncompliance with relevant decision criteria or standards shall be grounds for invalidation of an approved permit or site specific authorization, or denial of the same, on appeal. An applicant or affected person who seeks judicial review of a decision by the administrator, hearing examiner, commission or council must first seek reconsideration of the final decision within fourteen (14) days. A request for reconsideration shall be made to the person or body who has the authority to make a final decision but does not have to be made to a person or body who makes a recommendation. A request for reconsideration must allege and identify specific deficiencies in the decision. 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 an appeal or judicial review unless the process required herein has been followed. The time to file an appeal or to seek 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. 1191, 2015)