Skip to code content (skip section selection)
A. General Provisions: The council shall hear and decide appeals where it is alleged there is error in any order, requirement, recommendation or determination made by the administrator, department officials and employees in the enforcement of this code. Appeals to the council concerning interpretation or administration of this code may be taken by any person aggrieved. All appeals involving interpretation 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.
B. Procedures: An appeal shall be filed with the city clerk within fourteen (14) days of a written decision and shall be accompanied by the appeal filing fee as established by resolution of the city council.
C. Content Of Appeal: All appeals shall be in writing and shall contain the following:
1. The appellant's name, address, and telephone number;
2. The appellant's statement describing his or her standing to appeal;
3. Identification of the application and/or decision which is the subject of the appeal;
4. The appellant's statement of grounds for the appeal addressing why the appellant believes the decision to be unlawful or inappropriate to the factual circumstances.
D. Setting Of Appeal Hearing: Upon the timely filing of appeal, the city shall set the date, time and place for the appeal to be heard by the city council.
E. Burden Of Proof: The appellant shall bear the burden of proving the decision was unlawful or inappropriate to the factual circumstances.
F. The council shall give legal public notice to the parties in interest, and decide the same within a reasonable time following the hearing. At the hearing, any affected party may appear in person, by agent or attorney.
G. 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. (Ord. 608, 3-24-2020)