Appeals to the appeal authority may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this title. Appeals to the appeal authority may be taken by any officer, department, board or bureau of the city affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this title.
A. Time To Appeal: Any appeal, pursuant to this section must be filed in writing with the city recorder within fourteen (14) calendar days of the issuance of the written decision applying the land use ordinance.
B. Time For Hearing Appeal: The appeal authority should hear the appeal within fifteen (15) to thirty (30) days of the date the appeal was filed.
C. Written Statement Setting Forth Theories Of Relief Required: The appellant shall deliver to the appeal authority and all other participants, five (5) business days prior to the hearing, a written statement setting forth each and every theory of relief he intends to raise at the hearing, along with a brief statement of facts in support thereof.
D. Condition Precedent To Judicial Review: No theory of relief may be raised in the district court unless it was timely and specifically presented to the appeal authority.
E. Standard Of Review And Burden Of Proof On Appeal: The appeal authority shall, on appeal, presume that the decision applying the land use ordinance is valid and determine only whether or not the decision is arbitrary, capricious, or illegal. The burden of proof on appeal is on the appellant.
F. Due Process Rights: The appeal authority shall respect the due process rights of each participant. (Ord. 757, 3-16-2010)