Any applicant aggrieved by a decision of the Teardown Committee may appeal to the City Council.
A. Notice Of Appeal: A notice of appeal shall be filed with the Development Department within thirty (30) days of the decision being appealed. The notice shall include the name, address and telephone number of the person filing the appeal, the address of the property affected by the decision being appealed, identification of the section of this chapter governing the decision being appealed, a statement of the grounds upon which the appeal is based, the reason given by the Teardown Committee for the decision, a summary of factual evidence upon which the appeal is based, and all plans and specifications of the use affected by the decision being appealed.
B. Stay Of Proceedings: The filing of a notice of appeal shall stay all proceedings in furtherance of the action appealed from.
C. Hearing And Action: Upon receipt, the Development Department shall transmit the notice of appeal and the complete record of the decision to the City Council. The Council shall fix a reasonable time for a hearing on the appeal and shall give a minimum of ten (10) days’ notice to the party filing the notice.
D. Approval Criteria For Appeals: The Council shall reverse the order appealed only if it finds that the decision appealed: 1) was arbitrary or capricious; or 2) was based on an erroneous finding of a material fact; or 3) constituted an abuse of discretion; or 4) was based on erroneous interpretation of this chapter.
(1987 Code § 7-199)