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:
(A) The appeal must be filed in writing with the City Clerk within 10 business days of the date that the decision or enforcement action is placed in the mail.
(B) 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.
(C) The enforcement officer shall be prepared to explain at the appeal hearing the reasons for the enforcement action, an explanation of all oral and written evidence relied upon, including witnesses and copies of all documents the enforcement officer intends to rely upon in explaining his/her decision.
(D) The City Clerk shall notify the applicant and the enforcement officer by ordinary mail, and shall give public notice 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 4 nor more than 20 days after the filing of the appeal. The strict rules of evidence shall not apply. The standard of proof shall be preponderance. 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.
(E) The decision of the City Council shall be rendered in writing and may be appealed to District Court.
(Ord. 3736, passed 10-21-2008)