A. Appeals To The Planning Commission: Decisions made by the Community Development Director or other official enforcing the provisions of this chapter may be appealed to the Planning Commission by filing a notice of appeal in writing with the Planning Commission Secretary. All valid appeals shall be filed within ten (10) business days of the date of action and shall include payment of the required filing fees as established by City Council resolution.
1. Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.
2. Within ten (10) business days after receipt of a valid appeal the Planning Commission Secretary shall set a date for public hearing at which the appeal shall be considered by the Planning Commission. All appeals shall be set for the next regular Planning Commission meeting unless insufficient time exists for public notice as established by State Code.
B. Appeals To The City Council: Decisions made by Planning Commission to approve or deny projects or appeals may be appealed to the city council by filing a notice of appeal in writing with the city recorder. All valid appeals shall be filed within ten (10) business days of the date of action and shall include payment of the required filing fees as established by city council resolution.
1. Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.
2. Within ten (10) business days after receipt of a valid appeal the city recorder shall set a date for public hearing at which the appeal shall be considered by the city council. All appeals shall be set for the next regular city council meeting, unless insufficient time exists for public notice as established by state code.
C. Stay Of Proceedings Pending Appeal: An appeal stays all proceedings in furtherance of the action appealed from, unless the community development director, planning commission or city council certifies after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause eminent peril of life or property. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the district court on application and notice and on due cause shown.
D. Judicial Review Of City Council's Decision: Any person aggrieved by any decision of the city council may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided petition for such relief is presented to the court within thirty (30) days after the final decision by the city council. (Ord. 2013-04, 2-19-2013, eff. 4-1-2013)