Chapter 11-25
APPEALS
Sections:
Article 1. Procedure
11-25-020 Appeals by City Council members.
11-25-060 Appeals – Stays proceedings.
11-25-070 Appeals – Action by Planning Commission.
11-25-080 Appeals – Action by City Council.
11-25-090 Appeals – Abandonment.
Article 2. Hearings
Article 1. Procedure
11-25-010 Appeals.
Whenever provision for an appeal is made in this Title, the appeal may be taken by any person aggrieved with the decision appealed from, and the following regulations shall apply.
11-25-020 Appeals by City Council members.
When a City Council member files an appeal to the City according to this Title, said City Council member shall not participate in the hearing of the appeal as a City Council member, and therefore shall not vote on the appeal.
11-25-030 Appeal period.
An appeal will be valid only if a written appeal is filed with the City Clerk within ten (10) calendar days from the date of the action of the Planning Commission or administrative decision.
11-25-040 Appeals – Content.
Every appeal shall be in writing and shall be filed with the City Clerk.
11-25-050 Appeals – Fee.
Every person filing an appeal shall pay the City such fee as shall be established, and from time to time may be amended, by resolution of the City Council.
11-25-060 Appeals – Stays proceedings.
The filing of an appeal shall reverse the action or decision of the Planning Commission or City Manager or designee and the decision shall be final unless duly appealed.
11-25-070 Appeals – Action by Planning Commission.
The Planning Commission shall hear and decide appeals from any action of the City Manager or designee and may affirm or reverse the action, in whole or in part. The Planning Commission shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper.
11-25-080 Appeals – Action by City Council.
The City Council shall hear and decide appeals from any action of the Planning Commission and may affirm or reverse the action, in whole or in part. The City Council shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper.
11-25-090 Appeals – Abandonment.
Any appeal not brought to hearing within a period of ninety (90) days from the date that a notice of appeal is filed shall be deemed abandoned, and proceedings shall be terminated as of the date such period shall expire unless the City Council approves a later hearing date in public session.
Article 2. Hearings
11-25-100 Hearings.
Whenever a hearing is held by the City Council in accordance with the provisions of this Chapter, the regulations hereinafter set forth shall govern unless otherwise provided.
11-25-110 Hearings – Date.
The date for any public hearing required by this Chapter shall be held within a reasonable time but not in excess of thirty (30) days after receipt of the application and all necessary documents pertaining hereto. The appellant shall be notified, in writing, of the date and place of any such hearing.
11-25-120 Hearings – Notice.
Notice of time, place, and purpose of any hearing held by the City Council in accordance with the provisions of this Chapter shall, unless otherwise provided, be given by publishing in a newspaper of general circulation in the City at least five (5) days prior to such hearing. For hearings directly relating to an identifiable property or area, notice shall also be given by posting at least three (3) public notices thereof at least five (5) days prior to such hearing within three hundred feet (300') along streets upon which the subject property abuts and by mailing notice at least five (5) days prior to the date of hearing to the owners of property within three hundred feet (300') along the streets upon which the subject property abuts, using for this purpose the names and addresses which appear on the last equalized assessment roll for taxes. No proceeding in connection with the hearing shall be invalidated by failure to send such notices where the address of the owner is not a matter of public record or to post public notices or by the failure of any of the aforesaid individuals to receive any notice.
Legislative History: Ord. 2007-03 (2/20/07).