§ 123.24 APPOINTMENT AND SCOPE OF HEARING OFFICER OR BODY.

   (A)   Denial of application prior to final decision process. The City Manager, or an appointed hearing officer, as set forth by City Council resolution, will hear appeals that address the following issues:

      (1)   Any deviation from the city's published procedure guidelines and review criteria that adversely affected the applicant by altering the outcome of the city's decision on the application. Examples of appealable deviations include, but are not limited to:

         (a)   Failure on the part of the city to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted;

         (b)   Failure on the part of the city to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;

         (c)   Failure on the part of the city to correctly apply the review criteria, as established by City Council resolution, in reviewing the application;

      (2)   Any appeal based upon this section must be supported by a preponderance of the evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the city on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.

   (B)   All other appeals. The City Council, or an appointed hearing officer or body, as set forth by City Council resolution, shall hear appeals relating the denial of a renewed application, revocation, suspension or modification a permit, or addition of conditions to a permit.

   (C)   Notwithstanding division (A)(1) of this section, an applicant that is eligible to participate in the final selection process, as set forth in the procedure guidelines and review criteria, but is not selected during the final selection process, shall not be eligible to appeal the outcome of the process.

(Ord. 1780, passed 6-1-22)