Any decision of the planning commission or any other person appointed or employed by the city who is authorized to make administrative decisions regarding the use of land, may be appealed in writing to the Carlin board of councilmen by any person aggrieved by such a decision. All appeals shall be filed, in writing specifying with particularity the grounds for appeal, with the city clerk no later than ten (10) calendar days after the decision. Appeals shall include payment of a filing fee in an amount established by resolution of the board of councilmen and a statement therein of the reasons why the decision should be amended, modified or reversed. The board shall hear and render a decision on any properly made appeal within sixty (60) calendar days after the city clerk has received the written appeal. (Ord. 199, 11-14-2001)

   (A)   The board of councilmen shall hold a public hearing prior to rendering their decision regarding the use of land which is appealed, as well as decisions granting or denying variances and recommending the issuance or revocation of conditional use permits. In the case of appeals from decisions granting or denying variances and recommending the issuance or revocation of special use permits, the city clerk shall give notice of the time and place for the public hearing appeal by mailing a notice of hearing to the appellant, property owner, property owners located within three hundred feet (300') of the exterior boundaries of the property involved, and any person who presented oral or written testimony, if any, before the planning commission. Said hearing notice shall also be published one time in a newspaper of general circulation at least ten (10) calendar days before the hearing.

   (B)   In appeals of all other decisions regarding the use of land, the city clerk shall give notice of the time and place of the public hearing appeal by mailing a copy of the notice at least ten (10) days before the time set for the appeal hearing by certified or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known, or by personally delivering a copy thereof to the person being notified at least ten (10) days before the time set for hearing. If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by posting at least one time a copy thereof on two (2) public bulletin boards in the city of Carlin, the posting of which must be at least ten (10) days before the date set for the hearing. (Ord. 199, 11-14-2001)

The procedures pursuant to which the board of councilmen will hear an appeal are as follows:

   (A)   The appellant shall be heard first and shall present his grounds for appeal.

   (B)   The city may respond to appellant's appeal, after which appellant may present any rebuttal argument or evidence.

   (C)   Appellant and the city are entitled to be represented by counsel, present testimony, evidence and argument on all issues raised on appeal.

   (D)   The board may, if it appears helpful to a clear understanding of the issues, consider evidence or other matters not raised at the planning commission level or with the administrative officer. (Ord. 199, 11-14-2001)

The board of councilmen shall consider all evidence presented to the planning commission at the original hearing, including oral and written testimony, and any recommendations and findings of the planning commission as shown by the official record and may affirm, modify or reverse the decision of the planning commission or administrative officer. In reviewing a decision on an appeal, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in Nevada Revised Statutes 278.020. Decisions of the board of councilmen shall be considered the final decision for the purpose of judicial review. (Ord. 199, 11-14-2001)

Any person who:

   (A)   Has appealed a decision to the board of councilmen in accordance with this chapter; and

   (B)   Is aggrieved by the decision of the board of councilmen, may appeal that decision to the fourth judicial district court, in and for the county of Elko, state of Nevada, by filing a petition for judicial review within twenty five (25) days after the date of filing of notice of decision with the city clerk. (Ord. 199, 11-14-2001)