(A) Denial of initial permit decision. The City Manager or an appointed hearing officer will hear appeals that address the following issues:
(1) Any deviation from the city's published application procedures that adversely affected the applicant by altering the outcome of the city's decision on the applicant's application. Examples of appealable deviations are:
(2) 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;
(3) 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;
(4) The scoring of one or more portions of the applicant's application was not justified based on the information presented in the application or due to a material error or omission on the part in scoring the application.
(5) Any appeal based upon this section must be supported by 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) A hearing officer or body as determined by City Council resolution shall hear appeals relating to denial of a renewed application, to revoke or suspend a permit, or to add conditions to an existing permit.
(C) An applicant that is eligible to participate in the interview or other final decision process but is not selected during the interview or other final decision process shall not be eligible to appeal the outcome of the process.
(Ord. 977 C.S., passed 6-16-21)