Any person aggrieved by his or her inability to obtain a building permit, or by the decision of any administrative officer or agency based upon, or made in the administration or enforcement of, the ordinances of the city related to a decision of a land use application, land development, or city regulatory requirements, or a variance, may take an appeal to the Hearing Officer. Appeals to the Appeal Authority may be taken by any officer, department, board, or bureau of the city affected by the grant of, or refusal to grant, a building permit, or by any other decision of an administrative officer or agency based on, or made in, the administration or enforcement of city ordinances related to a decision of a land use application, land development, or city regulatory code or a variance.
(A) Time to appeal. Any appeal under this section must be filed in writing with the City Recorder within 14 calendar days of issuing any written decision related to the topics, areas, or conditions set out in the paragraph above.
(B) Time for hearing appeal. The Hearing Officer will hear the appeal within 15 days after the date the appeal was filed. For good cause shown, the Hearing Officer may extend this time as necessary.
(C) Written statement setting forth theories of relief required. Not less than five business days prior to the scheduled hearing on the matter, the appellant shall deliver to the Hearing Officer, and all other participants, a written statement setting forth every theory of reliefs he or she intends to raise at the hearing, with a brief statement of facts in support.
(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 Hearing Officer.
(E) Standard of review and burden of proof on appeal. The Hearing Officer 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 Hearing Officer shall respect the due process rights of each participant.
(Prior Code, § 06.03) (Ord. 2-92, passed - -1992; Ord. 02-2015, passed 1-7-2015)