(a) Time for Filing - Form. Any person entitled to service under subsection (c), Section 16.40.060 may appeal from any notice and order or any action of the building official by filing at the office of the city clerk within fifteen days from the date of service of such order, a written, dated appeal, in duplicate, containing:
(1) A heading in the words: "Before the city council of the city of Palo Alto."
(2) A caption reading: "Appeal of ___________________," giving the names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant.
(5) A statement of the relief sought, and the reason why it is claimed the protested order or action should be reversed, modified. or set aside.
(6) The signatures of all parties named as appellants, and their official mailing addresses.
(7) The verification of at least one appellant as to the truth of the matters stated in the appeal.
(b) Clerk to Set Hearing. Upon receipt at his office of any appeal filed pursuant to this section, the city clerk shall set a date for hearing of the appeal by the city council, which date shall be not less than ten days nor more than thirty days from the date the appeal was filed with the city clerk. Written notice of the time and place of the hearing shall be given, at least seven days prior to the date of the hearing, to each appellant by the city clerk either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Copies of the notice shall also be delivered to the building official and the city attorney.
(c) Continuances. Continuances of the hearing may be granted by the city council on motion of either party for good cause shown, or on the city council's own motion. A request for continuance by signed stipulation of all appellants and the building official or their attorneys may be granted by the mayor.
(d) Conduct of Hearings. The hearings shall be informally conducted, and the technical rules of evidence shall not apply except that irrelevant and unduly repetitious evidence shall be excluded. Oral evidence shall be received only on oath or affirmation. During the course of the hearing the city council may visit and inspect any building or premises involved in the proceeding, and may there receive oral testimony of any sworn witness.
An appellant may present his case personally or by his attorney. The appellant's case shall be presented first. The building official may then present evidence in support of the notice and order and in rebuttal of appellant's case, after which the appellant may submit evidence in rebuttal of any evidence presented by the building official. Oral arguments or summations may be given after all the evidence is in, with the appellant opening and closing.
(e) Council to Make Findings. At the conclusion of the hearing, the city council shall consider the evidence presented and shall make written findings of fact, based upon the evidence, to support its decision. The decision may affirm, reverse, modify or set aside any order or action of the building official. A majority of the members of the city council must concur in any such decision. The decision of the city council shall be final.
Written findings and decisions shall be rendered by the city council within ten days from the date the hearing is concluded, and copies thereof shall be delivered to each appellant and the building official in the manner prescribed in subsection (d) of Section 16.40.060 for serving notices and orders of the building official. Proof of service shall be filed with the city council's records of the case.
(f) Appeal Stays Notice and Order. Except for emergency evacuation orders made pursuant to Section 16.40.070, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom properly and timely filed.
(Ord. 2104 (part), 1962: prior code § 34.906)