The purpose of this Chapter is to standardize the appeal procedure for any party from any adverse ruling of either the City Council, Commission or Administrator. All time limits set out herein shall be deemed controlling unless a specific time limit is set out in another section. Any party aggrieved by the final action of the Administrator, Commission or City Council, may appeal in accordance with the appellant's procedures herein set forth. Time limits shall be deemed jurisdictional. (Ord., 5-7-1984)

   (A)   Any aggrieved party may appeal to the Commission from a final adverse decision of the Administrator. Such appeal must be filed in writing with the Administrator or the Commission within fifteen (15) days after the decision is rendered.

   (B)   Notice of appeal may be informal, but shall be in writing and shall set out reasons why the appealing party is aggrieved and shall state why the appellant believes the Administrator committed error.

   (C)   The Commission may hear the appeal either by receiving and reviewing the record accumulated by the Administrator or by holding a hearing. Should the Commission choose to schedule a hearing, such a hearing shall be held at the first regular Commission meeting which falls after the filing of the notice of appeal, provided that at least five (5) days have elapsed between notice of filing and meeting. If the regular meeting is less than five (5) days after filing, said hearing may be scheduled at the next regularly scheduled meeting. Should the Commission choose to decide an appeal strictly on the record presented by the Administrator, the Commission may do so at any time, but no later than the first regular meeting which occurs fifteen (15) days after the filing of the notice of appeal.

   (D)   Within sixty (60) days after the hearing or record review, the Commission shall render a decision together with a summary of findings, setting forth reasons why a particular decision was made.

   (E)   Should the Commission fail to take action within the allotted time, the appeal shall be deemed denied and the aggrieved party may pursue further appeal.

   (A)   Any party aggrieved by any action of the Commission may appeal to the City Council by filing a notice of appeal with the Administrator or the City Council within fifteen (15) days of the adverse action. Notice may be informal, but must be written and conform to the requirements of Section 11-18-2(B).

   (B)   The City Council may hear the appeal as set out in Section 11-18-2(C), and may do so at any regularly or specially scheduled meeting. Such meeting must be held within thirty (30) days of the filing of the notice of appeal.

   (C)   Should the City Council schedule a hearing de novo, it shall give the appellant at least three (3) days' written or oral notice. An appearance at any hearing automatically waives notice requirements unless the appellant can demonstrate some prejudice resulting from insufficient notice.

   (D)   Any meeting may be adjourned from time to time at the request of either party for good cause shown. A subsequent meeting where a final decision is rendered must be held within sixty (60) days of the adjourned meeting, unless agreed otherwise by the parties.

   (E)   Any person aggrieved by any action of the City Council may appeal to the District Court for administrative relief. No court action shall be taken until all administrative remedies are exhausted.

   (F)   Should the City Council fail to act within the time limits set out herein, the appeal shall be deemed automatically denied and the appellant free to pursue his remedies in court.

   (A)   Any party may be represented at any stage by counsel.

   (B)   The City Council or Commission shall act by a simple majority of a quorum.

   (C)   Any appeal stays all work or all proceedings in furtherance of the action unless the Administrator certifies to the Commission after the notice of appeal is filed with him that by reason of facts stated in the application, a stay would, in his opinion cause imminent peril to life or property. (Ord., 5-7-84)