(A) Except when an appeals process is otherwise set forth in this code or applicable law and regulations, any person objecting to a discretionary action of denial, suspension or revocation of a permit applied for held by him or her pursuant to any provisions of this code or city ordinance, or to any discretionary administrative decision made by any official of the city, or to the amount, collection or waiver of any fee, charge or assessment of any kind, shall appeal in writing to the City Council by filing a notice of the appeal with the City Clerk before pursuing any legal action against the city. The City Council may appoint an ad hoc subcommittee to consider a specific appeal and/or a standing committee for all appeals and provide that the decision of that subcommittee shall be final.
(B) No appeal may be filed until the disputed action or matter has been reviewed with the department head and/or the City Manager. There shall be no appeal of a ministerial action or of any law enforcement action involving state law. No fee, charge or assessment may be appealed until after payment of the full amount of the fee, charge or assessment.
(C) The notice of appeal must be filed within 30 days of the date of the decision or action which is the subject of the appeal, or the payment of any disputed fee, charge or assessment.
(D) The notice of appeal shall set forth the matter appealed, the specific grounds for the appeal and the relief sought; the notice shall be returned to the appellant by the City Clerk if the information is not contained in it and the appellant shall have an additional five days to correct it and resubmit. The notice shall be accompanied by a fee of $100 or other amount as set by resolution of the City Council.
(E) Upon the timely filing of a complete notice, the City Clerk shall schedule the matter for consideration at a regular City Council meeting (or committee meeting, if the matter has been delegated) within the next 30 days and shall give notice of the hearing at least 15 days in advance. The City Clerk shall provide the notice of appeal and any accompanying materials to the City Council at the same time as other agenda materials are provided.
(F) At the time of consideration of the appeal, the appellant has the burden to establish why the action or fee appealed from should be revised. The appellant shall present evidence to support the specific grounds of appeal as set out in the notice. The Council (or subcommittee) may continue the matter from time to time, and at the conclusion of the matter may uphold, modify or reverse the action appealed from or take any action which might legally have been taken. The action of the Council (or, when delegated) shall be final. The provisions of this code shall govern any further challenge.
(Ord. 2008-02, passed 10-1-2008)