10-2-6: APPEALS:
   A.   There is hereby created a two (2) tiered appeals process. All appeals decisions and findings shall be made part of the public record:
      1.   Step One: Any person aggrieved by a notice of the appropriate authority issued in connection with any alleged violation of this chapter or of any applicable rule or regulation issued pursuant thereto, or by any order requiring repair or demolition, may apply to the city manager for an administrative conference for reconsideration of such notice or order provided such application is made within fourteen (14) days after the date the notice or order was issued. Upon conclusion of an administrative conference for reconsideration of the notice or order, the appropriate authority shall prepare a summary of the conference and shall state the decision reached. Such summary and statement shall become part of the public record.
      2.   Step Two: If the appeal is not settled in step one of the process, any person aggrieved by a notice of the appropriate authority issued in connection with any alleged violation of this chapter, or of any applicable rule or regulation issued pursuant thereto, or by any order requiring repair or demolition, may apply to the city council for a reconsideration of such notice or order provided such application is made within fourteen (14) days after the date of the decision reached in step one.
   B.   The city council, upon receipt of an appeal, shall set a time and place for a hearing and shall advise the applicant in writing by mail, postage prepaid to address of applicant, of such time and place, at least seven (7) days prior to the date of the hearing. At such a hearing the appellant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended, withdrawn, or a variance granted.
   C.   The city council shall decide that they sustain, modify, or withdraw the notice or order. In recommending an extension or variance of any notice or order, the council shall observe the following conditions:
      1.   The city council may order an extension of time for the compliance with any order or notice for not more than twelve (12) months subject to appropriate conditions and provided that the city council make specific findings of fact based on evidence related to the following:
         a.   That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and
         b.   That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.
      2.   The city council may issue a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions and provided the city council makes specific findings of fact based on evidence related to the following:
         a.   That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order;
         b.   That the effect of the application of the provisions would be arbitrary in the specific case;
         c.   That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships; and
         d.   That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare. (Ord. 856, 12-19-2005)