An applicant, a board or officer of the City, or any person adversely affected by the Land Use Authority's decision applying a land use ordinance may, within the time period provided in subsection A of this section, appeal that decision to the Administrative Appeals Hearing Officer by alleging there is an error in an order, requirement, decision, or determination made by the Land Use Authority in the administration or interpretation of the land use ordinance, or in the decision applying the land use ordinance. When an appeal is taken from a decision of the Land Use Authority, the City Recorder shall immediately transmit to the Administrative Appeals Hearing Officer all papers, if any, constituting the record upon which the action appealed from was taken.
A. Time To Appeal; Filing Fee: Any appeal, pursuant to this section, must be filed in writing, on forms provided by the City, with the Office of the City Recorder within ten (10) calendar days of the issuance of the written decision or vote of the Land Use Authority, whichever first occurs, applying the land use ordinance. Upon the filing of any appeal with the City Recorder, the appellant shall pay to the City Recorder, the fee prescribed by the City Council. The City Recorder shall transmit no papers or record to the Administrative Appeals Hearing Officer and the Administrative Appeals Hearing Officer shall not consider any appeal unless and until such fee has been paid.
B. Time For Hearing Appeal: Administrative Appeals Hearing Officer should hear the appeal within fifteen (15) to thirty (30) days of the date the appeal was filed.
C. Written Statement Setting Forth Theories Of Relief Required: The appellant shall deliver to the Administrative Appeals Hearing Officer and all other participants, five (5) business days prior to the hearing, a written statement setting forth each and every theory of relief he intends to raise at the hearing, along with a brief statement of facts in support thereof.
D. Conditions Precedent To Judicial Review: No person, board, or officer of the City may seek judicial review of any decision applying the land use ordinance until after challenging the Land Use Authority's decision in accordance with this section. No theory of relief may be raised in the District Court unless it was timely and specifically presented to the Administrative Appeals Hearing Officer.
E. Standard Of Review And Burden Of Proof On Appeal: The Administrative Appeals Hearing Officer shall, on appeal, presume that the decision applying the land use ordinance is valid and determine only whether or not the decision is arbitrary, capricious, or illegal. The burden of proof on appeal is on the appellant.
F. Due Process Rights: The Administrative Appeals Hearing Officer shall respect the due process rights of each participant. Any appellant may appear at any hearing or other proceeding before the Administrative Appeals Hearing Officer in person or by an attorney of his/her choice.
G. Stay On Appeal: An appeal filed in accordance with this section stays all proceedings in the appeal action, unless the officer from whom the appeal is taken certifies to the Administrative Appeals Hearing Officer that by reason of facts stated in the certificate the stay would in his/her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Administrative Appeals Hearing Officer or by the District Court on application and notice and on due cause shown.
H. Conditional Use Permit Appeals: The City Council shall continue to hear and decide appeals from the Planning Commission decisions regarding conditional use permits.
I. Direct Appeal To District Court: Notwithstanding the foregoing, decisions of the City Council relative to adopting or amending the General Plan or any other land use ordinance may only be appealed directly to the District Court.
J. Decision Of Appeal: In exercising the above-mentioned powers and authority, the Administrative Appeals Hearing Officer may affirm or reverse, wholly or in part, or may modify the order, requirement, decision or determination of the Land Use Authority. (Ord. 18-01, 1-16-2018)