(A) Standing. A person who has a legal, existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from has standing and a right to appeal under this chapter. A notice of appeal that fails to show standing may be rejected as defective.
(B) Notice of appeal. Unless otherwise provided in this code, a notice of appeal shall be filed in writing with the City Clerk within 15 calendar days after the service of the order, citation, decision, or determination appealed from. The appeal shall contain the following:
(1) The name, address, and telephone number of the appellant;
(2) A statement describing the appellant’s legal existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from;
(3) A brief description of the specific order, citation, decision, or determination being appealed;
(4) A statement of the relief sought;
(5) The reasons why such relief should be granted.
(C) Late appeals. Upon a showing of good cause, the hearing officer may, in his or her discretion, permit the filing of an appeal, or an amended appeal, after 15 calendar days, in which case the appeal shall be considered in the same manner as if it had been timely filed.
(D) Defective notice of appeals. If, in the opinion of the City Clerk, the appeal or an amended appeal fails to comply substantially with the requirements of this section, the City Clerk may give written notice of such insufficiency to the appellant, stating with particularity the defects or omissions therein. Failure of the appellant to file an amended appeal within seven calendar days of the date of service of such notice of insufficiency shall constitute a waiver of the appeal. Failure of the City Clerk to give notice of any insufficiency within seven calendar days shall result in the appeal being heard on its merits, without regard to any insufficiency.
(E) Notice of hearing. Upon receipt of an appeal, or if notice of insufficiency is given in accordance with this section, upon receipt of an amended appeal within the time specified, the City Clerk shall cause on copy to be stamped indicated the date of receipt. The City Clerk shall set the appeal for hearing and shall give to the appellant and to the officer or employee whose order, citation, decision, or determination is being appealed not less than 15 calendar days written notice of the date, time, and place of hearing. The appellant may waive the 15 calendar days written notice, so long as said waiver is in writing and filed with the City Clerk. The notice of the hearing to the appellant shall include a statement as to the appellant’s rights as provided in this chapter.
(F) Stay of proceedings. Unless otherwise provided by this code, the filing of an appeal shall stay all proceedings in furtherance of the order, citation decision, or determination appealed from until the determination of the appeal as provided herein.
(Ord. 12-101, passed 11-7-2012)