An appeal of any administrative action, including actions by the zoning official, may be taken to the mayor and council by any person, firm, corporation, officer, or bureau affected by a decision of the mayor, city clerk, zoning official, or any city employee or mayor appointed board or city official. Appeals must be filed within 30 days from the day an action is taken, by filing with the city clerk. The city clerk will notify the official from whom the appeal is taken, and such official shall forthwith transmit to the zoning official and the mayor and council the papers constituting the record upon which the appealed action was taken.

An appeal will stay all proceedings in furtherance of the appealed action, unless the zoning official certifies to the mayor and council, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings will not be stayed, otherwise than by a restraining order, which may be granted by a court of record.

The mayor and council shall set a time and place for the hearing of the appeal and give due notice thereof to the parties no less than seven days in advance of the hearing date. The appellant may appear and testify at the hearing either in person or by duly authorized agent or attorney. The city clerk will notify the zoning official and any city official or board whose administrative decision is being appealed, of any such hearing, and require that official's attendance. Either side may produce witnesses and enter documents into the record. The council is free at any point to pose questions of any witness or party. The hearing will be recorded by audio recording by the city. Should the appellant desire a court reporter, it is free to provide such a reporter at its own expense. Council may render its decision by vote at the close of hearing or may postpone its decision to another date, provided that council shall render a decision on the appeal within 15 days of hearing.

An appeal shall be sustained upon an expressed finding by the mayor and council that the administrative action was based upon an erroneous finding of a material fact, or that the action was taken in an arbitrary manner. Such findings shall be clearly stated in the minutes of the meeting at which the action is taken and shall be placed in the appeal record maintained by the city clerk and shall be available at city hall for public review.

A simple majority vote of an established quorum of the mayor and Council, and a minimum of three affirmative votes, is necessary to reverse any administrative order, requirement, decision or determination of the zoning official or city officer or board in favor of the applicant in any matter upon which it is authorized by these regulations to render a decision. The mayor and council shall make a decision within a 90 day period from the date that the request for appeal is submitted.

In exercising the above powers, mayor and council has the authority to reverse, modify, or affirm wholly or partly, any appealed administrative action taken by the mayor, city clerk, zoning official or any board or city official appointed by the mayor to take such administrative action and, to that end and only for the purpose of exercising above powers, will have all the administrative powers of the mayor or other city official in acting upon appeals.