Any property owner may appeal decisions or interpretations of the City Manager issued in connection with the enforcement of any provisions of this chapter or requests for variances therefrom within thirty days thereof, provided that such person shall file in the office of the City Manager, along with the fees established by the Council for appeals and variances, a written petition to the Commission as provided below.
Upon receipt of such a petition as required by Section 925.35 and the required fee(s), the Commission shall set a time and place for a public hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and show cause why any decision, interpretation or any item appearing on a notice or order should be modified or denied or a variance granted.
After a public hearing, the Commission may approve the variance request, approve the variance request with such conditions it deems necessary, deny the variance request, or such other action as is appropriate.
(b) The Commission shall hear and determine appeals or variances to all other sections of this chapter and, upon receipt of a petition as required in Section 925.35 and the required fee(s), the Commission shall set a time and place for a public hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and show cause why any decision, interpretation or any item appearing on a notice or order should be modified or denied or a variance granted.
After a hearing, the Commission shall sustain, modify or deny any item appealed or grant a variance by majority vote, depending on its findings as to whether the provisions of this chapter have been complied with, and that petitioners and the City Manager shall be notified in writing of such findings.
The proceedings at such hearings, including the findings and decision of the Commission and reasons therefor, shall be summarized and reduced to writing and entered as a matter of public record in the office of the City Manager. The records shall also include a copy of every notice, order or variance issued in connection with the matter.
(c) The failure of the petitioner or his representative to appear and state his case at any hearing shall have the same affect as if no petition has been filed.
(d) Filing fees required by this section shall be in addition to the payment of the permits and inspection fees and any other fee which thereafter may occur, and no portion of such filing fee shall be refunded whatever the outcome of the appeal unless such petition shall have been withdrawn prior to setting the date for such hearing. (Ord. 2003-07. Passed 1-28-03.)