The purpose and intent of the provisions for appeals is to establish an orderly method for an appeal of a requirement, a determination, or an interpretation concerning the administration and enforcement of the provisions of this title.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.75.010)

A.

Development administrator. The development administrator shall have the authority to hear and decide an appeal from any determination, or requirement associated with the administration or enforcement of the provisions of this title by the city engineer or by the code enforcement officer.

B.

Planning and zoning commission. The planning and zoning commission shall have the authority to hear and decide an appeal from any interpretation or determination associated with the administration of this title by the development administrator.

C.

City council. The city council shall have the authority to hear and decide an appeal from any interpretation or determination associated with the administration of this title by the planning and zoning commission.

(Ord. No. G4-12, 2012; Ord. No. G37-98, § 1, 1998; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.75.020)

Appeals shall be limited to the interpretation of the provisions of this title. Requirements and determinations associated with the administration and enforcement of the provisions of this title shall be considered the result of an interpretation.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.75.030)

An application for an appeal shall consist of a written statement by the appellant, which describes the particular interpretation, determination or requirement, and the facts demonstrating that it is invalid.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.75.040)

A.

Initiation. An application for an appeal may be initiated by a person aggrieved by a requirement by the code enforcement officer or the city engineer, by a determination by the city engineer, by a determination or an interpretation by the development administrator, or by a decision of the planning and zoning commission. Such aggrieved persons shall be limited to those parties whose rights, privileges, or duties are affected by such requirements, determinations, or interpretations of the provisions of this title. Such aggrieved persons shall demonstrate that they have a special interest or injury, as distinguished from the public at large, as a result of such requirements, determinations, or interpretations of the provisions of this title. The development administrator shall have the authority to initiate an appeal of a decision by the planning and zoning commission to the city council.

B.

Terms. No more than one (1) application by the same person for an appeal of the same requirement, determination, or interpretation shall be accepted within a twelve (12) month period commencing on the date of the original application unless the development administrator determines that it has substantially changed from the application previously considered.

(Ord. No. G4-12, 2012; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.75.050)

A.

Development administrator. The appellant shall submit one (1) copy of the required documents to the development administrator within forty-five (45) days from the date of the requirement, determination, or interpretation by the city engineer or the requirement by the code enforcement officer being appealed. The receipt of a complete application for an appeal shall stay all proceedings in furtherance of the action appealed unless the development administrator determines that the stay poses an imminent peril to life or property. The development administrator may affirm, reverse, or modify a requirement or a determination by the city engineer or by the code enforcement officer. The development administrator shall forward the administrators written findings and decision to the appellant within ten (10) working days of the receipt of a complete application.

B.

Planning and zoning commission. The appellant shall submit one (1) copy of the required documents with the required fees to the development administrator within forty-five (45) days from the date of the interpretation or determination by the development administrator being appealed. The receipt of a complete application for an appeal shall stay all proceedings in furtherance of the action appealed unless the development administrator determines that the stay poses an imminent peril to life or property. The development administrator shall forward the application, and the written findings and decision of the development administrator to the planning and zoning commission. The planning and zoning commission shall hold a public meeting pertaining to the application. At the public meeting, the planning and zoning commission shall decide the appeal based on the written evidence submitted by the development administrator and the appellant. Additional evidence or testimony shall be given only at the request of the planning and zoning commission. The planning and zoning commission may affirm, reverse, or modify the decision of the development administrator. If the planning and zoning commission does not approve the application as described within this subsection B within twelve (12) months of the date of the public meeting, the application shall be considered denied.

C.

City council. The appellant shall submit one (1) copy of the required documents with the required fees to the development administrator within forty-five (45) days from the date of the interpretation or determination by the planning and zoning commission being appealed. The receipt of a complete application for an appeal shall stay all proceedings in furtherance of the action appealed unless the development administrator determines that the stay poses an imminent peril to life or property. The development administrator shall forward the application, and the written findings and decision of the development administrator and of the planning and zoning commission to the city council. The city council shall hold a public meeting pertaining to the application. At the public meeting, the city council shall decide the appeal based on the written evidence submitted by the development administrator and the appellant. Additional evidence or testimony shall be given only at the request of the city council. The city council may affirm, reverse, or modify the decision of the planning and zoning commission. The decision of the city council shall be final. If the city council does not approve the application as described within this subsection C within twelve (12) months of the date of the public meeting, the application shall be considered denied.

(Ord. No. G6-15, 2015; Code 1976, § 19.75.060)

An interpretation or determination by the development administrator or by the planning and zoning commission shall be contained within a written findings and decision which shall set forth with particularity the facts on which the decision is based.

(Ord. No. G4-12, 2012; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.75.070)