(A) Final, written decisions of a designee of the City Manager, including, but not limited to, a decision suspending, revoking, or denying a permit, denying a registration, denying a renewal of a registration, suspending or terminating a registration or denying a request for a waiver, or imposing costs or a fine, are subject to appeal to the City Manager. A decision to deny a permit is not final if the applicant has resubmitted a revised application or request in an effort to cure the basis for denial within 30 days of being notified of such denial, in which case the city shall review the revised application or request and grant or deny it within 30 days or applicable time frame consistent with applicable law and the city's policies and procedures. An appeal must be filed with the City Clerk with the appeal fee as established in the city fee ordinance, within 30 days of the date of the final, written decision to be appealed. An applicant or requester shall waive any appeal that is not timely filed as set forth herein. The City Manager shall hear the appeal or may appoint a hearing officer to consider the appeal. The decision on appeal shall be based on the information submitted previously to the city and no new information shall be considered. Subject to a force majeure event, the hearing shall occur within 30 days of the receipt of the appeal, unless waived by the person pursuing the appeal, and a written decision shall be rendered within 15 days of the hearing or by the time period required by applicable law. The appeal must be complete within 45 days after the appeal is filed by the applicant.
(B) Prior to filing an action in an appropriate court, any person challenging a provision of the City Code, city policy or procedure, or city action shall be required to exhaust administrative remedies as provided herein. To challenge action by a designee of the City Manager, the person shall be required to file an appeal with the City Manager as provided in this section. If a person is challenging a provision of this chapter or a policy or procedure of the city that is adopted pursuant to this chapter, the person shall provide documentation to the City Manager with sufficient detail explaining why such code provision or policy or procedure is in violation of applicable law. The City Manager may reject or grant the appeal in whole or in part, and may place the matter on an agenda of the City Commission. For administrative remedies related to the city's denial of an application, to the extent required by applicable law, the city waives administrative reviews that are not complete within 45 days after the person files a complete request for review. For all challenges to city action other than denial of an application, the city does not waive the exhaustion of administrative remedies. Nothing herein shall constitute a waiver of the city's rights under applicable law including the Florida Constitution.
(C) Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, following the exhaustion of administrative remedies, a party aggrieved by a decision of the City Manager may appeal an adverse decision to the Circuit Court in and for Seminole County or applicable federal district court in Orlando. The party making the appeal shall be required to pay to the City Clerk the fee established in the city fee ordinance to defray the costs of preparing the record on appeal.
(Ord. 1625, passed 8-20-20)