This chapter shall be known as the "Appeals Procedure" for the City.
(Ord. 21-1722 § 2)
A. 
Except where an appeals procedure is otherwise specifically set forth in this Code, whenever an applicant or an interested citizen of the City is entitled under this Code or any other provision of law to appeal an adverse determination in a matter made by a City official, board or commission and desires to so appeal, he or she shall submit a written notice of appeal to the City Clerk stating the specific grounds for the appeal.
B. 
Members of the City Council are specifically exempted from the requirement of submitting a notice of appeal and the other requirements of this chapter and they shall have the right to request the review of an act of any City official, board or commission within 10 calendar days of said act.
C. 
No appeal may be taken by the City Council where an appeals board is empowered to consider interpretation and enforcement questions, unless such decision to appeal has been considered by such appeals board.
D. 
No right of appeal from any administrative decision made by a City official under any of the provisions of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised under any of the provisions of this Code, whether the administrative decision involves the approval, denial, suspension or revocation of a license, permit, entitlement or any other administrative decision.
E. 
This chapter shall not apply to the right of appeal from any administrative decision made by a Hearing Officer under the provisions of Chapter 1.13 relating to administrative citations and review of administrative citations.
(Ord. 21-1722 § 2)
The appellant shall file a notice of appeal with the City Clerk within 10 calendar days after the date upon which the administrative decision appealed from is made. In the event the last day of the filing period falls on a non-business day, the appeal period shall be extended to include the next business day, and this rule shall apply whenever an appeal procedure is specifically set forth elsewhere in this Code.
(Ord. 21-1722 § 2)
Upon receipt of the filing of the notice of appeal, the City Clerk shall place the matter on the council agenda. Except in cases of emergency, when the City Council may determine the matter immediately, or where State law prescribes a different appeal process, the City Clerk shall set the matter for hearing at the next reasonably available City Council meeting, but in no event later than 45 calendar days after the date of the filing of such notice of appeal with the City Clerk. The City Clerk shall cause written notice of such hearing to be given to the applicant not less than five business days prior to such hearing, unless such notice is waived in writing by the applicant.
(Ord. 21-1722 § 2)
No notice of appeal shall be accepted for filing by the City Clerk until the required filing fee, as established by the City Council, has been submitted to the City Clerk. The filing fee, if any, shall be as determined by resolution of the City Council. In the event an appeal is abandoned or terminated prior to publication of notice, the filing fee shall be refunded.
(Ord. 21-1722 § 2)
Notwithstanding any other provision of this Code, the City Council may, by resolution, designate an independent Hearing Officer to hear appeals of any decision, determination or order from which the right of appeal has been granted by this Code or other provision of law.
(Ord. 21-1722 § 2)