A. Other than nuisance actions subject to the procedures of sections 8-4-15 and 8-4-16 of this chapter, administrative decisions by city staff and enforcement actions of the city engineer or his designee, may be appealed by the applicant to the city council, or a committee designated by the city council, pursuant to the procedures set forth in this section.
B. The appeal must be filed in writing with the city clerk within fourteen (14) days of the decision or enforcement action.
An administrative fee, as set forth in a schedule of fees determined by the city council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing.
The written appeal shall specify the action appealed from, the errors allegedly made that give rise to the appeal, and the relief requested.
C. The city clerk shall notify the applicant and the city engineer or his designee whose decision or action has been appealed of the date, time and place for the appeal hearing. Notice shall be mailed to the applicant by ordinary mail. The hearing shall be scheduled for a date not less than four (4) days nor more than twenty (20) days after the filing of the appeal, unless the applicant requests an extension of not more than fourteen (14) days.
The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this paragraph is to promote the prompt and speedy resolution of disputes.
The applicant may be represented by counsel at the applicant's expense. The city engineer or his designee or other city employees may be represented by the city attorney or by an attorney designated by the city council at city's expense.
D. The decision of the city council, or committee designated by the city council, shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa district court as provided by law. (Ord. 5030, 2-21-2011)