(A) Initiation.
(1) An appeal from any of the provisions of this chapter or the decision of the Coordinator or other City official pursuant to this chapter may be made to the City Administrator by filing a written appeal, on the appropriate City form, with the City Clerk within 60 days following the decision being appealed.
(2) The filing of an appeal does not stay the imposition or the collection of the development fee as calculated by the City unless an appeal bond or other sufficient surety, satisfactory to the City Attorney and the Finance Director, has been provided.
(3) If the notice of appeal, is accompanied by an appeal bond or other sufficient surety, in any amount equal to the development fee calculated to be due, a construction permit may be issued to the new development.
(B) Burden of proof. The appellant has the burden of proof to demonstrate that the decision of the City official is erroneous.
(C) Contents. All appeal applications must detail the specific grounds therefor and all other relevant information as required by the City.
(D) Decision.
(1) The City Administrator must:
(a) Determine whether there is an error in an order, chapter requirement, or decision made by a City official in the enforcement of this chapter; and/or
(b) Determine whether a provision of this chapter or a decision by a City official made pursuant to this chapter results in a taking of private property or otherwise violates the constitutional or statutory rights of the applicant pursuant to Arizona or federal law.
(c) Based on the information provided, reverse or affirm, wholly or partly, or modify the order, requirement, or decision of the City official appealed, and make such order, requirement, decision, or determination as necessary, including amendments to the provisions of this chapter.
(2) The City Administrator must render a decision on the appeal within 90 days after the filing of the appeal.
(3) The appellant may appeal the City Administrator's decision to the City Council, or its designated hearing officer, pursuant to the following:
(a) The appeal must be filed with the City Clerk within 30 days of the City Administrator's, rendering of a decision;
(b) The appeal must be filed by a letter to the City Clerk setting forth the basis for the appeal; and
(c) A decision regarding the appeal shall be made after a public hearing and opportunity for the appellant to present evidence and be heard on the matter.
(Ord. 02005-74, passed 9-7-05; Ord. 02010-14, passed 3-3-10; Ord. 2012-10, passed 5-2-12)