Chapter 17.114
APPEALS
Sections:
17.114.040 Effect of filing notice of appeal.
17.114.050 Contents of notice.
17.114.010 Purpose.
This chapter establishes procedures for the appeal of determinations and decisions rendered by the commission and director. (Ord. 24-01 §2(Exh. A-1)).
17.114.020 Applicability.
Any person aggrieved by the decision of the director may appeal the decision to the commission upon submittal of fee and appeal statement. Further, any person dissatisfied with a decision or interpretation of the commission may appeal the decision to the council upon submittal of fee and appeal statement. (Ord. 24-01 §2(Exh. A-1)).
17.114.030 Appeal timeline.
Director or commission determinations may be appealed by filing a written notice of appeal with the city clerk. All appeals must be made no later than ten working days after the day on which the decision was made. Upon receipt of a notice of appeal in proper form, the city clerk shall set a hearing date. A public hearing consistent with the requirements of Chapter 17.116 (Public Notices and Hearings) shall be held at appeal hearings of permits that require a public hearing before the original action. (Ord. 24-01 §2(Exh. A-1)).
17.114.040 Effect of filing notice of appeal.
The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of land use entitlements, development (construction) permits, and business licenses. (Ord. 24-01 §2(Exh. A-1)).
17.114.050 Contents of notice.
The notice of appeal shall state the decision being appealed, its identification number, and the identity of the appellant. Further, the appellant shall set forth the reasons for which the decision is unjustified or inappropriate. (Ord. 24-01 §2(Exh. A-1)).
17.114.060 Actions.
The appellate body shall review the proceedings held by the director or commission in which a decision or interpretation was made. At the discretion of the appellate body, a hearing may be continued. (Ord. 24-01 §2(Exh. A-1)).
17.114.070 Director appeal.
The director may, at their discretion, appeal decisions of the commission to the council if any of the following occurs:
A. Where the action of the commission constitutes new policies for the city;
B. Where actions are contrary to established council policy;
C. Where actions have significant budget or financial impact for the city;
D. Where actions are not in compliance with state law or in compliance with the Kerman Municipal Code. (Ord. 24-01 §2(Exh. A-1)).
17.114.080 Automatic appeals.
If the commission is unable to take action because of disqualification or abstentions or failure of a quorum for two consecutive regular meetings, the director shall refer the matter to the council for a public hearing. Appeals made in compliance with this section shall not be subject to any fees. The council may make any decision it deems just and equitable, including the granting of any permit. (Ord. 24-01 §2(Exh. A-1)).