The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provisions of this title.

(Ord. 82-4 §3 (part)).

Unless it is plainly evident from the context of this chapter that a different meaning is intended, certain terms used in this chapter are defined as follows:

A.

"Action" means the issuance, granting, approval, extension or amendment of any license, permit, certificate, variance or other entitlement; or the imposition of any condition in connection therewith; or the denial, disapproval, suspension or revocation thereof; the making or failure or refusal to make any finding; or the imposition of any order or requirement; or any other decision or determination pursuant to this title.

B.

"Administrative agency" means any administrative official, board, commission, body or other agency of the city, except the city council.

C.

"Applicant" means any person whose application for a license, permit, certificate, finding, variance or other entitlement was approved, issued or granted by an administrative agency, where an appeal is taken from the action of such agency by a third-party appellant.

D.

"Direct subject appellant" means any person who appeals an action taken:

1.

In connection with an application which he filed or which was filed on his behalf with an administrative agency; or

2.

In connection with suspension or revocation of any license, permit, certificate or other entitlement previously granted or issued to him; or

3.

Ordering him or advising him that he will be required to perform or cease and desist from performing any act, or correct any omission or deficiency.

E.

"Third-party appellant" means any person aggrieved by any action who is not defined in this section as a direct subject appellant.

(Ord. 82-4 §3(part)).

Any action of the commission may be appealed to the city council in accordance with the procedures set forth in this chapter.

(Ord. 82-4 §3(part)).

Any person aggrieved by or dissatisfied with, or excepting to any action by an administrative agency, as to which an appeal to the commission is authorized pursuant to Section 17.84.040, may appeal from such action by filing a written notice of appeal with the secretary of the commission, directed to the commission.

(Ord. 82-4 §3(part)).

A.

A notice of appeal of a direct subject appellant who is aggrieved by or dissatisfied with a decision on an application made by him or in his behalf, or with any action order, requirement, decision or determination as to which he is a direct subject appellant shall not be acted upon unless filed within ten days after service of written notice of such action appealed from.

B.

A notice of appeal of a third-party appellant who is not a direct subject of the actions from which the appeal is sought, shall not be acted upon unless filed within ten days of the action, denial, order, requirement, permit, decision or determination which is the subject of the appeal.

C.

No appeal shall be submitted to the commission for consideration if the notice of appeal is not filed within the time limit prescribed in this section unless the appellant shall file with the secretary of the commission a written request for leave to file a late appeal. The request shall specify the reasons why the notice of the appeal was not timely filed. The request shall not be submitted to the commission unless it shall have been field with the secretary of the commission not more than thirty days from the date of the action, denial, order, requirement, permit, decision or determination from which appeal is sought. A timely request shall be considered by the commission and may be granted only if the commission finds that there is good cause for tardiness in filing the appeal; provided, however, that if the request was filed by a third-party appellant, the commission shall not grant it unless it makes the additional finding that the delay in the filing of the notice of appeal will not work to the substantial prejudice of the applicant and will not cause him substantial economic hardship.

D.

The timely filing of a notice of appeal by a third-party appellant, or the granting of a request for leave to file a late appeal to such an appellant, shall cause a stay in the operative effect of the action, permit decision or determination from which the appeal has been taken until the commission shall have rendered its decision on the appeal, unless the appeal is first withdrawn.

E.

When a request for leave to file a late appeal has been timely filed, the secretary of the commission shall schedule the matter promptly upon the commission agenda at a subsequent regular meeting. He shall cause notice thereof to be given not less than five days prior to such meeting to the person filing the request, and in the case of a request filed by a person who, as an appellant, would be described under subsection B, he shall also cause such notice to be sent to the applicant.

(Ord. 82-4 §3(part)).

A.

The notice of appeal shall set forth:

1.

The specific action appealed from;

2.

The specific grounds of the appeal; and

3.

The relief or action sought from the commission.

B.

In the event any notice of appeal fails to set forth any information set forth by this section, the secretary of the commission shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile his notice of appeal.

(Ord. 82-4 §3(part)).

Except where an appeal is filed by the city manager or other public official in pursuance of his official duties, the written notice of appeal shall be accompanied by a fee, as established by resolution of the city council. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the secretary of the commission shall promptly notify the appellant of the deficiency and shall advise him that the appeal shall not be considered unless the deficiency is corrected within five days of the notice. No appeal shall be scheduled for consideration by the commission unless and until the appropriate appeal fee has been paid. If a deficiency in payment of an appeal fee is not corrected within the time period prescribed in the notice, the right of appeal shall be terminated.

(Ord. 82-4 §3(part)).

Upon the timely filing of a notice of appeal in proper form and with payment of the appeal fee pursuant to Section 17.84.080 (including cases in which the notice of appeal was filed upon the granting of leave to file a late appeal by the commission), the secretary of the commission shall schedule the matter promptly on the commission agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. Where the notice of appeal was filed by a third-party appellant, the notice of hearing shall be given to the applicant not less than five days prior thereto. The secretary of the commission shall also cause a copy of the notice of appeal to be transmitted to the official or body whose action has been appealed from. Notice of hearing given pursuant to this section shall be in writing and shall be deemed to have been given upon deposit with the United States Postal Service of such notice by first-class mail or airmail, postage prepaid, addressed to the last known address of the appellant.

(Ord. 82-4 §3(part)).

No public hearing need be held by the commission on any such appeal, provided that a public hearing may be held when the same is deemed necessary in the public interest. If a public hearing is ordered, notice thereof shall be given by publishing notice of the same in a newspaper of general circulation in the city not less than ten days prior to the date of such hearing, and by such other means as the commission deems necessary.

(Ord. 82-4 §3(part)).

A.

Consideration by Commission. At the time of consideration of the appeal by the commission, the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in this notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. Where the notice of appeal was filed by a third-party appellant, the applicant shall have the right to present evidence in support of the action.

B.

Action by Commission. The commission may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken.

(Ord. 82-4 §3(part)).

A.

1.

The planning commission shall hear and decide appeals from the requirements of Chapters 17.38 and 17.40 of this title when it is alleged there is an error in any requirement, decision or determination made by the building official in the enforcement or administration of these chapters. Those aggrieved by the decision of the planning commission, or any taxpayer, may appeal such decision to the city council.

2.

In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors and standards specified in other sections of this title, and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity to the facility of a waterfront location, where applicable;

f.

The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

g.

The compatibility of the proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, and the effects of wave action, if applicable, expected at the site; and

k.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.

3.

Upon consideration of the factors listed above and the purposes of Chapters 17.38 and 17.40, the planning commission may attach such conditions to the granting of an appeal as it deems necessary to further those purposes.

B.

The following criteria shall apply to the granting of appeals from requirements, decisions or determinations made by the building official in the enforcement or administration of Chapters 17.38 and 17.40:

1.

Appeals may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2.

Appeals shall not be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.

3.

Appeals shall only be granted upon a determination that the appeal grant with conditions is the minimum necessary, considering the flood hazard, to afford relief.

4.

Appeal shall only be granted upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and

c.

A determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

5.

Any applicant to whom an appeal is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest-floor elevation.

The building official shall maintain the records of all appeal actions and report any grants of appeal to the Federal Insurance Administration.

(Ord. 82-4 § 3(part)).