Some terms or phrases within the municipal code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the code text.

(Ord. 1286 § 1 (part), 2001)

A.

Requests. A request for a code interpretation ("interpretation") shall be made in writing to the city manager with or without a pending application. The city manager may develop written guidelines for the application process and the city council may require an application fee.

B.

Decision to Issue Interpretation. The city manager shall have the authority to review a request for an interpretation. The city manager shall advise the requester in writing within fourteen (14) days after the request is made, on whether or not the city will issue the requested interpretation.

C.

Declining Requests for Interpretation. The city manager is authorized to issue or decline to issue a requested interpretation. Basis for declining may include, but is not limited to, a finding that the subject municipal code section affords only one reasonable interpretation and the interpretation does not support the request. The city manager decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation.

D.

Written Interpretation. If the city manager decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the Interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within fourteen (14) days after the city advises the requester that an interpretation shall be issued. The decision shall become effective fourteen (14) days later, unless an appeal is filed in accordance with Section 17.84.030.

(Ord. 1286 § 1 (part), 2001)

The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the city council within fourteen (14) days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by fling a notice of appeal with the city manager pursuant to the requirements set forth by ordinance.

A.

Appeal Procedure. The city council shall hear all appeals of a city manager interpretation as a Type III action, except that written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.

B.

Final Decision/Effective Date. The decision of the city council on an appeal of an interpretation shall be final and effective when it is mailed to the applicant. If an appeal of the city council's decision is filed, the decision remains effective unless or until it is modified by the land use board of appeals or a court of competent jurisdiction.

(Ord. 1286 § 1 (part), 2001)

The city manager shall keep on file a record of all code interpretations.

(Ord. 1286 § 1 (part), 2001)