An applicant or other aggrieved person may appeal the decision
of the Planning Director or the Planning Commission to the City Council
by filing a written notice of appeal with the City Clerk within 10
days after notice of rejection has been mailed. The appellant, within
two days after filing an appeal, shall cause to be served by personal
service or by registered or certified mail a copy of his or her notice
of appeal to all applicants who were awarded allotments and whose
allotment award may be adversely affected by the appeal to the Council.
The Planning Commission shall make available the names and addresses
of such applications. The appellant shall file an affidavit of the
service of such notice with the City Clerk within five days after
filing the notice of appeal. Except where inconsistent with the provision
of this section, all such appeals shall be controlled by the provisions
of Section 10-2.2002(e) (5) of this Code.
(§ 1, Ord. 686, eff. August 9, 1991, as amended by § 21, Ord.
708, eff. April 27, 1995)
The City Clerk shall place the appeal on the next agenda for
a regular City Council meeting. All parties served with the notice
of appeal may participate in the hearing of the appeal. The City Council
shall consider the appeal at such regular City Council meeting or
may continue the matter at the appellant's request. At the hearing,
the City Council shall hear the appellant or his representative and
such other persons who wish to testify before the City Council in
the determination of the appeal. At the close of the hearing, the
City Council may affirm or modify the allotment award. The City Council's
decision shall be final and binding on all parties.
(§ 1, Ord. 686, eff. August 9, 1991)
The allotment award for a building permit shall become final
when the 10 day appeal period has expired.
(§ 1, Ord. 686, eff. August 9, 1991)
