Any decision of a planning commission (if established) or any other person appointed or employed by the city who is authorized to make administrative decisions regarding the use of land, may be appealed in writing to the West Wendover city council by any person aggrieved by such a decision. All appeals shall be filed, in writing specifying with particularity the grounds for appeal, with the city clerk no later than ten (10) calendar days after the decision. Appeals shall include payment of a filing fee in an amount established by resolution of the city council and a statement therein of the reasons why the decision should be amended, modified or reversed. The city council shall hear and render a decision on any properly made appeal within sixty (60) calendar days after the city clerk has received the written appeal. Regardless of the applicable code provisions, an aggrieved person may only appeal a particular use of land decision once to the city council. (Ord. 01-21, 11-20-2001)

In appeals of all administrative decisions regarding the use of land, the city clerk shall give notice of the time and place of the public hearing appeal by mailing to persons required to receive such notice a copy of the notice at least ten (10) days before the time set for the appeal hearing by certified or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known, or by personally delivering a copy thereof to the person being notified at least ten (10) days before the time set for the hearing. If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing at least one time a copy thereof in a newspaper having general circulation in the city of West Wendover, the publication of which must be at least ten (10) days before the date set for the hearing. (Ord. 01-21, 11-20-2001)

The procedures pursuant to which the board of councilmen will hear an appeal are as follows:

   A.   The appellant shall be heard first and shall present his grounds for appeal.

   B.   The city may respond to appellant's appeal, after which appellant may present any rebuttal argument or evidence.

   C.   Appellant and the city are entitled to be represented by counsel, present testimony, evidence and argument on all issues raised on appeal. Formal rules of evidence shall not be applicable and the council may limit the amount, type and nature of the evidence provided the appellant is afforded minimum due process.

   D.   The council may, if it appears helpful to a clear understanding of the issues, consider evidence or other matters not raised at the administrative level. (Ord. 01-21, 11-20-2001)

The city council shall consider all evidence presented at the original hearing, including oral and written testimony, and any recommendations and findings as shown by the official record and may affirm, modify or reverse the decision. In reviewing a decision on an appeal, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in Nevada Revised Statutes 278.020. Decisions of the city council shall be considered the final decision for the purpose of judicial review. (Ord. 01-21, 11-20-2001)

Any person who: a) has appealed a decision to the city council in accordance with this chapter; and b) is aggrieved by the decision of the city council, may appeal that decision to the fourth judicial district court, in and for the county of Elko, state of Nevada, by filing a petition for judicial review within twenty five (25) days after the date of filing of notice of decision with the city clerk. (Ord. 01-21, 11-20-2001)