Except where an appeals procedure is otherwise specifically
set forth in this Code, any person excepting to the denial, suspension,
or revocation of a permit applied for or held by him pursuant to any
of the provisions of this Code, or to any administrative decision
made by any official of the City, if the denial, suspension, or revocation
of such permit or the determination of such administrative decision
involves the exercise of administrative discretion or personal judgment
exercised pursuant to any of the provisions of this Code, may appeal
in writing to the Council by filing with the City Clerk a written
notice of such appeal, setting forth the specific grounds thereof.
No appeal may be taken to any such administrative decision made
by an official of the City pursuant to any of the provisions of this
chapter unless such decision to appeal has been first taken up with
the department head concerned.
No right of appeal to the Council from any administrative decision
made by an official of the City pursuant to 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 pursuant to any of the provisions of this Code,
whether the administrative decision involves the denial, suspension,
or revocation of a permit or any other administrative decision.
The appellant shall file a notice of appeal with the City Clerk
within 14 days after receipt of the notice of the administrative decision
concerned.
Upon the filing of the notice of appeal in proper form, the
City Clerk shall place the matter on the Council agenda for the next
regular meeting of the Council which will be held at least five days
after the date of the filing of the notice of appeal. Except in cases
of emergency when the Council may determine the matter immediately,
the Council shall set the matter for hearing at a subsequent meeting,
but in no event later than 30 days after the date of the filing of
the notice of appeal with the City Clerk. The City Clerk shall cause
a written notice of the hearing to be given to the appellant not less
than five days prior to such hearing, unless such notice is waived
in writing by the appellant.
At the hearing required by the provisions of Section
1-4.03 of this chapter, the appellant shall show cause on the grounds set forth in the notice of appeal why the action appealed from should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.