(a) The following persons or entities may appeal a decision of the chief building official in those cases described in Section 16.56.030:
(1) A project owner or his representative appealing a determination regarding unreasonable hardship;
(2) A project owner or his representative appealing a determination regarding equivalent facilitation;
(3) An interested individual or organization appealing an exception granted.
(b) An appeal from the decision of the chief building official shall be initiated within ten days after the publication of notice of the decision, as provided in Section 16.56.040, by the filing at the office of the city manager of a written, dated appeal in duplicate, containing:
(1) A caption reading: "Appeal of _________________ Before the City Manager," stating the names of all appellant(s) participating in the appeal and their status in relation to the project being appealed;
(2) A statement containing all facts supporting the contentions of the appellant(s) and all reasons why the decision of the chief building official should be reversed, modified, or set aside;
(3) The signatures of all parties named as appellants and their official mailing addresses;
(4) A fee, as set forth in the municipal fee schedule for planning department appeals.
(c) Upon receipt of any appeal, the city manager or a designee shall set a date for a hearing. Such hearing shall be held within fifteen days of receipt of the appeal. A notice of the time and place of the hearing shall be given to the appellant(s) by the city manager or designee in writing. The notice shall be mailed, postage prepaid, addressed to the appellant(s) at the address listed on the appeal, or it shall be delivered to the appellant(s) personally, at least ten days prior to the hearing date. If the appellant is other than the project owner, the project owner shall also be notified of the hearing. In addition, members of the advisory committee (Section 16.56.050) shall be mailed notice of the hearing.
(d) The city manager or designee (other than any personnel from the division of inspectional services), shall hear the appeal. At the time and place set for the hearing the city manager or designee shall receive all testimonial, documentary and tangible evidence bearing on the issues. The city manager or designee may continue the hearing from time to time. The city manager or designee acting with the advice of those members of the advisory committee who are present, may approve, modify or disapprove the determination of the chief building official. If circumstances warrant, those members of the advisory committee who were present at the hearing may have up to three working days to transmit their recommendations to the city manager or designee.
(e) Within three working days of the receipt of the advisory committee's recommendations, the city manager or designee shall render a decision in writing. This decision shall be mailed, postage prepaid, to the appellant(s) at the address listed on the appeal or delivered to the appellant(s) personally. If the appellant is other than the project owner, the project owner shall also be notified of the decision. The decision of the city manager or designee shall also be mailed to members of the advisory committee.
(f) The decision of the city manager or the designee, shall be final.
(Ord. 3374 § 1 (part), 1982)