The provisions of this chapter shall apply to appeal procedure except as otherwise specifically provided in this code and state law. This chapter shall neither apply to any determination involving personnel administration or employer-employee relations, nor create any new appeal right for which this code or law does not provide.
(Ord. 1102 § 1, 1991)
Except as otherwise specifically provided in this code, any person shall have a right to appeal any determination on a permit applied for or held by such person pursuant to any provision of this code, or to any determination by any board or commission established by the city council, made pursuant to any authority provided by this code, to the city council, in order to exhaust administrative remedies, by filing with the city clerk a written notice of such appeal.
(Ord. 1102 § 1, 1991)
As used in this chapter:
“Appellant”
means the person aggrieved by any determination authorized to be made by this code, from which the right of appeal lies by reason of express declaration under the section of the code, authorizing such determination to be made.
“Determination”
means any denial, suspension or revocation involving a permit or license by an employee; or any administrative or quasijudicial decision, order, rule or imposition of regulation made by any board or commission of the city authorized by this code to take such action.
“Employee”
means any officer, administrator or person employed by the city who is authorized and empowered by this code to make determinations regarding denial, suspension or revocation of a permit or license.
“Person”
means individual, firm, partnership, corporation or other legal entity recognized by law.
(Ord. 1102 § 1, 1991)
An appellant may file an appeal with the city clerk as clerk of the city council in accordance with the following rules and regulations:
(a) 
The appeal shall be filed in writing within fifteen calendar days after the determination subject to appeal; except, that appeals from a determination taken pursuant to code sections specifically providing for appeal shall be filed in writing within the time there specifically provided after the determination.
(b) 
The appeal shall specifically state the determination from which the appeal is taken, set forth the specific grounds of appeal, and be signed by the appellant or appellant’s authorized representative.
(c) 
The city clerk, upon receipt of the written appeal, shall forthwith notify the employee or secretary of the board or commission in question, in writing of the appeal, and the employee or secretary of the board or commission shall forthwith transmit a report on the determination to the city council for an appeal hearing.
(d) 
The appeal hearing shall be set on an agenda for a regular meeting of the city council not less than fifteen days nor more than thirty days after the date of filing such appeal.
(e) 
The appeal hearing shall be conducted as an administrative hearing without the necessity of posting and publishing notice as for a public hearing unless otherwise required by law or unless specifically directed by the city council.
(f) 
The appellant, at the appeal hearing, may present facts and arguments in opposition to the determination either in person, or by authorized representative, or in writing. A written statement in support of the appeal shall be sufficient for an appearance and presentation by the appellant and for consideration of the city council.
(g) 
The city council shall hear and receive testimony and documentary evidence as provided in the city council handbook for conducting meetings.
(h) 
Hearings on appeal shall be conducted informally and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant information shall be considered if it is the sort of information upon which responsible persons are accustomed to rely in the conduct of serious affairs.
(i) 
Hearings may be conducted as de novo proceedings in which the entire case may be repeated, but new or different evidence shall not be introduced which was not in the lower administrative record.
(j) 
The hearing of the appeal may be continued within the discretion of the city council to a time certain but shall be concluded within ninety days after commencement of the hearing unless time is waived by the appellant.
(k) 
The city council, from the evidence, argument and reports presented upon such hearing of appeal, may affirm the determination; modify the determination; or reverse the determination. The findings and ruling of the city council on such appeal shall be conclusive.
(Ord. 1102 § 1, 1991)
The right to appeal, and the procedures and limitations provided in this chapter shall be applicable to any other board or commission to which an appeal may be taken under provisions of this code.
(Ord. 1102 § 1, 1991)
For the purpose of reimbursing the city for costs of appeals administration, the city council shall, by resolution, from time to time, fix the amount of fees to be charged for filing and processing all appeals provided for in this code.
(Ord. 1102 § 1, 1991)
Whenever any determination of a board or commission is appealable, and whether or not an appeal has been properly filed in the manner provided, any city councilmember may file with the city clerk, within fifteen calendar days after the determination by the board or commission, a request that the matter be referred to the city council for review of the determination of the board or commission. The city council may review such action in accordance with the rules and regulations:
(a) 
Upon setting the matter for review, the city clerk shall give notice to the applicant or person affected of the time and place of review, and the applicant shall be entitled to be present at the time of the review to present facts and arguments, or to file with the city council a written statement setting forth facts and arguments.
(b) 
The city council from the evidence, argument and reports presented upon such review, may affirm the determination of the board or commission, modify the determination, or reverse the determination. The findings and ruling of the city council on such review shall be conclusive.
(Ord. 1102 § 1, 1991)
The exercise of any right or privilege, and the operation of any license or permit, the granting or approval of which has been either appealed from, or requested for review on the city council’s own motion, shall be stayed pending the decision of the city council on any such appeal or review hereunder.
(Ord. 1102 § 1, 1991)
When a matter on appeal is to be contested, and a request is made to the city clerk, in writing, at least five days prior to the date of the hearing, which request is accompanied by a deposit in an amount established by the city council by resolution, the clerk shall arrange for the recording of the hearing by a qualified reporter. If so requested by the person requesting the record, and upon the deposit with the clerk of an additional sum equal to the estimated cost of transcribing the record, the clerk shall cause the record to be transcribed, and a copy made available to the person making such request. The full cost of reporting and transcribing such record shall be paid by the person making such request, and the deposit shall be applied thereon. Any amount deposited with the city clerk which exceeds the cost of reporting and/or transcribing shall be returned to the person making the deposit. Additional copies of such record may be made available to other persons at cost. This section shall not preclude the presence of a qualified reporter arranged for by any other person so long as the presence and identification of the qualified reporter is made officially known to the city clerk and the city council.
(Ord. 1102 § 1, 1991)