A. Right Of Appeal: Any person, firm, entity, partnership, association or corporation who is refused approval of a building or dwelling by the code enforcement officer shall have the right of appeal to the planning commission of the city.
B. Appeals To Planning Commission: The procedure for appeal shall be the applicant's notification to the city clerk of the appeal request, and the clerk shall log the appeal on the agenda of the next regular or special meeting of the planning commission of the city. At the meeting, the applicant shall have the right to be present, in person and by counsel, and shall have the right of cross examination. After hearing evidence or statements, the planning commission shall make its decision, by majority vote, whether to uphold, modify, or reverse the ruling of the code enforcement officer.
C. Appeals To City Council:
1. If the applicant is aggrieved by the decision of the planning commission, he or she may appeal to the city council, whose decision shall be final and nonappealable.
2. To appeal to the city council, the applicant, within ten (10) days from the date of the planning commission decision, shall notify the city clerk, in writing, of his intention to appeal to the city council. Upon receipt of the notice, the clerk shall place the item on the agenda of the next regular or special meeting of the city council.
3. At the meeting, the applicant shall have the right to appear, in person and by counsel, and shall have the right to cross examine witnesses.
4. After hearing evidence or statements, the city council shall vote, by majority, whether to uphold, modify or reverse the decision of the planning commission. The city council's decision shall be final.
D. Construction Ceases During Appeal Process: During the appeal process, no construction on the proposed dwelling or building shall be allowed. (1990 Code § 5-110)