Any person adversely affected by the issuance or denial of a building permit by the city council's authorized representative may appeal the administrative decision to the city council by filing a notice of appeal with the city clerk within ten (10) days from the date of the administrative issuance or denial of the building permit.
A. Hearing; Notice: The city shall fix and establish a time, date, and place of hearing within thirty (30) days from the date of the receipt of notice and cause a copy of the notice of hearing to be mailed to the appealing and affected parties. At the hearing the council may, by a majority vote, affirm, annul, or modify the action of the city. If the actions of the city are modified or annulled, a permit shall be issued accordingly.
B. Appeal Procedure: The council may receive all evidence on appeal in accordance with the following procedure:
1. The council's authorized representative shall present background information on the project in question, including relevant code sections and their interpretation. The council may ask questions during or after each presentation.
2. The applicant shall be allowed to present any information or applicable code sections to support a reversal of the authorized representative's decision. The applicant shall have up to twenty (20) minutes to present such evidence.
3. The chair shall open the hearing to receive public testimony. Each person wishing to provide public testimony shall be given up to five (5) minutes to do so.
4. Following the close of public testimony, the authorized representative shall be allowed up to ten (10) minutes for rebuttal.
5. The applicant then shall have up to ten (10) minutes for rebuttal and any final comments.
6. The chair may allocate equivalent additional time to the applicant and the authorized representative if the clarity of the issue at hand can be enhanced by receiving additional testimony.
7. Thereafter, the council may deliberate and render a final decision by a roll call vote, may request more information before a final decision is made, or may take the matter under advisement and reconvene at a reasonable time not to exceed fifteen (15) days to make their final decision. The final decision shall be in writing and a copy provided to the applicant and any parties of record.
C. Judicial Review: An applicant denied a permit or aggrieved by a decision of the city council may seek judicial review under the procedures provided by Idaho Code and any amendments thereto.
D. Validity Of Permit: A permit being appealed is still valid until rescinded. The holder of a permit being appealed may initiate construction under the permit, but proceeds at his own risk. (Ord. 192, 4-7-2014)