This section establishes procedures for the following:
A. 
Council's review. The council's review of a decision rendered by the director; and
B. 
Other. The filing of an appeal, by other than the council, of a decision rendered by the director.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
Review. The council may choose to review a decision rendered by the director.
B. 
Discussion.
1. 
A member of the council may request the opportunity to discuss any decision previously rendered.
2. 
A majority vote of the council is required to initiate an appeal of the director's decision.
C. 
Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the city clerk.
D. 
Decision final. The decision of the council on the appeal shall be final and shall become effective upon adoption of the resolution by the council.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
Any determination or decision rendered by the director may be appealed to the council.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
Timing and form of appeal.
1. 
Appeal applications shall be submitted in writing and filed with the city clerk on a city application form, before 5:00 p.m. of the fourteenth day following the date the determination or decision was rendered by the director.
2. 
If the fourteenth day occurs on a holiday or weekend, the appeal period shall be extended to the very next city working day.
3. 
The appeal application shall:
a. 
Specifically state the pertinent facts of the case and the basis for the appeal;
b. 
Be accompanied by the information identified in the city handout for appeal applications; and
c. 
Be accompanied by the filing fee established by the city's fee resolution.
B. 
Delay of proceedings. Filing of an appeal shall delay all proceedings associated with the matter subject to the appeal (e.g., issuance of a building or grading permit, etc.), pending the council's final action on the appeal.
C. 
Scheduling the hearing. The city clerk shall schedule the hearing within 30 days of the filing of the appeal or the adoption by the council of a motion to review the director's action.
D. 
Director's report. The director shall prepare a written report for consideration by the council.
E. 
Withdrawal. An appeal may not be withdrawn nor dismissed before the scheduled public hearing without approval of the council.
F. 
Joining an appeal.
1. 
Only those persons who file an appeal within the fourteen-day appeal period in compliance with this subsection shall be considered appellants of the matter under appeal.
2. 
Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with this Subsection.
3. 
A person(s) shall not be allowed to join an appeal after the end of the fourteen-day appeal period.
G. 
Action. The appeal hearing shall be considered a hearing de novo and the council may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.
1. 
When reviewing an appeal the council may:
a. 
By resolution, affirm, affirm in part, or reverse the action, the determination, or decision that is the subject of the appeal;
b. 
Adopt additional conditions of approval deemed reasonable and necessary, and may even address issues or concerns that go beyond the subject of the appeal; or
c. 
Disapprove the land use entitlement approved by the Director, even though the appellant only requested a modification or elimination of one or more conditions of approval.
2. 
If new or different evidence is presented on appeal, the council, may, but shall not be required to, refer the matter back to the director for further consideration.
H. 
Findings. When reviewing an appeal the council shall adopt findings in support of the intended action on the appeal.
I. 
Mailing of resolution. The city clerk shall mail a copy of the resolution to the appellant and the applicant (if not the appellant) after the council's decision.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)