(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Growth Management Director in the enforcement of the city's land development regulations.
(B) Hearings; appeals; notice. Appeals to City Council may be taken by any person aggrieved by any decision of the Growth Management Director in the interpretation of any portion of these regulations. Such appeal shall be taken within a reasonable time not to exceed sixty (60) days, by filing with the city a notice of appeal specifying the grounds thereof. The Growth Management Director shall forthwith transmit to the City Clerk all papers constituting the record upon which the action appealed from was taken. The City Council shall hear the appeal at a regularly scheduled or special City Council meeting within thirty (30) days and give public notice thereof at least fifteen (15) days in advance of public hearing as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney.
(C) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Growth Management Director from whom the appeal is taken certifies to the City Council, through the City Manager, after the notice of appeal is filed with the City Clerk, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction.
(D) In exercising any of the powers listed in this section, the City Council may, so long as the action is in conformity with the terms of the city's land development regulations, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and, to that end, shall have all of the powers of the Growth Management Director whose action is being appealed.
(Ord. 2006-46, passed 5-16-06)