A.

The decision of the City Manager or designee authorized by this title is considered final on the date such decision is rendered, unless an appeal has been filed by the applicant as specified by this title. All appeals shall be filed in writing with the City Clerk.

B.

Decisions of the City Manager authorized by this title shall only be subject to appeal if a provision in this title specifically provides for such a right. If so, such appeal shall be processed pursuant to the procedures set forth in this chapter.

(Ord. No. 327, § 6 (Exh. A, Pt. 25), 6-11-2012)

A.

Filing of Appeal. All appeals must be filed on or before the thirtieth calendar day after the City Manager's decision. The appeal fee shall be paid as set forth by resolution of the City Council.

B.

Persons Authorized to File an Appeal. The applicant of a project for which the City Manager or designee rendered a decision may appeal the decision to the Planning Commission.

C.

Form, Content and Deficiencies in an Appeal Application.

1.

All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the required appeal fee has been received by the City Clerk.

2.

The appeal application shall state, at a minimum, the name and address of the appellant, the decision and action being appealed, and the reasons why the appellant believes that the City Manager erred or abused his or her discretion, or why the City Manager's decision is not supported by evidence in the record.

3.

If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the appellant.

D.

Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the Planning Commission to occur within forty-five days of the filing of the appeal.

E.

Notice of the hearing shall be mailed to property owners adjacent to the property for which the decision was rendered.

F.

Action on appeal by the Planning Commission is appealable to the City Council in accordance with Chapter 17.54 of this title.

(Ord. No. 327, § 6 (Exh. A, Pt. 25), 6-11-2012)