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(A) Administrative decisions by city staff and enforcement actions of the Enforcement Officer may be appealed by the applicant to the City Council pursuant to the following rules.
(1) The appeal must be filed in writing with the City Clerk within five business days of the decision or enforcement action.
(2) The written appeal shall specify in detail the action appealed from, the errors allegedly made by the Enforcement Officer giving rise to the appeal, a written summary of all oral and written testimony the applicant intends to introduce at the hearing, including the names and addresses of all witnesses the applicant intends to call, copies of all documents the applicant intends to introduce at the hearing and the relief requested.
(3) The Enforcement Officer shall specify in writing the reasons for the enforcement action, a written summary of all oral and written testimony the Enforcement Officer intends to introduce at the hearing, including the names and addresses of all witnesses the Enforcement Officer intends to call and copies of all documents the Enforcement Officer intends to introduce at the hearing.
(4) The City Clerk shall notify the applicant and the Enforcement Officer by ordinary mail, and shall give public notice in accordance with I.C.A. Ch. 21 of the date, time and place for the regular or special meeting of the City Council at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less than four, nor more than 20, days after the filing of the appeal. The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by I.C.A. Ch. 17A. The applicant may be represented by counsel at the applicant’s expense. The Enforcement Officer may be represented by the City Attorney or by an attorney designated by the City Council at city expense.
(B) The decision of the City Council shall be rendered in writing and may be appealed to the state’s District Court.
(2013 Code, § 28-150) (Ord. 14800, passed 2-26-2007)