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A. Any person adversely affected by a final decision of the administrator made in the administration or interpretation of this chapter may, within the time provided herein, appeal that decision to the city appeal authority by alleging that there is error in any such final order requirement, decision, or determination made by the administrator in the administration or interpretation of this chapter. Appeals filed hereunder shall be in writing and shall be filed with the city recorder within thirty (30) days of the decision which is appealed. The appeal shall include any required city appeal forms and shall set forth, at a minimum: the name, address and telephone number of the appellant; the decision being appealed; the grounds for appeal; and a description of the alleged error in the decision or determination of the administrator. Only decisions of the administrator applying this chapter may be appealed to the appeal authority as provided herein. Appeals may not be used to waive or modify the terms or requirements of this chapter.
B. After the appeal application is deemed complete, the city recorder shall schedule the matter to be heard by the appeal authority. Prior to the appeal hearing, the city recorder shall transmit all papers constituting the record of the decision or action being appealed to the appeal authority and the appellant. The appeal authority shall review the record of the decision or action of the administrator and provide the appellant an opportunity to be heard regarding the appeal. In reviewing the appeal, the appeal authority shall consider and review all relevant technical evaluations and the specific factors set forth in subsection 12-1-7B, "Approval Or Denial", of this chapter. The appeal authority shall decide the matter in accordance with the standard of review set forth in subsection C of this section.
C. The city appeal authority may affirm or reverse the decision of the administrator, in whole or in part, or may remand the administrative decision to the administrator. The appeal authority is also authorized to impose additional conditions as part of its determination of the appeal as necessary to conform with the purposes and intent of this chapter. The appeal authority shall review the administrative decision of the administrator for correctness in determining whether there is substantial evidence in the record to support the order, decision, or determination. The appellant shall have the burden of proving that an error has been made. The appeal authority shall issue a written decision.
D. A record of all appeals shall be maintained by the city in accordance with the Utah government records access and management act, as amended. (Ord. 13-04, 6-25-2013)