Chapter 11.255
APPEALS
Sections:
11.255.010 General provisions.
11.255.020 Filing of an appeal.
11.255.010 General provisions.
A. Any decision on an application for permits described in this title may be appealed, by applicants or parties of record, as follows:
1. Interpretations, SEPA determinations, and Type I decisions may be appealed to the city council within 14 calendar days of the decision.
2. Type II and Type III decisions may be appealed to Adams County superior court within 10 or 21 days, respectively, of the publication of the notice of decision as described in RCC 11.255.030. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.061, 2001).
11.255.020 Filing of an appeal.
A. The notice of appeal shall contain a concise statement identifying:
1. The decision being appealed;
2. The name and address of the appellant;
3. The specific reasons for the appeal (the appellant shall bear the burden of proving why the decision is inappropriate); and
4. The desired outcome or changes to the decision.
B. The appeal fee shall be paid by the appellant in accordance with the fee resolution adopted by the city council. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.062, 2001).
11.255.030 Judicial appeal.
A. Appeals from the final decision of the planning commission or city council for which other appeals specifically authorized have been timely exhausted shall be made to Adams County superior court within 21 days of the date of publication of the notice of decision, unless another time period is established by state law or local ordinance. No person having actual prior notice of the proceedings of the planning commission or the city council hearings shall have standing to challenge the final action unless such person was a party of record at the final hearing.
B. Notice of the appeal and any other pleadings required to be filed with the court shall be served to the administrator.
C. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant shall post with the city clerk/treasurer prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk/treasurer. Any overage will be promptly returned to the appellant. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.063, 2001).