Chapter 18.72
APPEALS

Sections:

18.72.010    Board of appeals – Powers.

18.72.020    Who may appeal.

18.72.030    What may be appealed.

18.72.040    Appeal procedure.

18.72.010 Board of appeals – Powers.

The council shall be the board of appeals of the decisions of the planning and environmental quality commission. The council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as should be made, and such action shall be final. (Prior code § 10-1.16)

18.72.020 Who may appeal.

Any person, partnership, corporation, public entity, or applicant aggrieved by a planning and environmental quality commission decision, or member of the council, may appeal any appealable decision of the commission. (Prior code § 10-1.17)

18.72.030 What may be appealed.

Any decision of the planning and environmental quality commission not expressly made final by ordinance shall be appealable to the council. (Prior code § 10-1.18)

18.72.040 Appeal procedure.

A. Time. Unless specifically made different by ordinance, all appeals shall be filed within seven days after the final action of the planning and environmental quality commission. The adoption of findings, when required, shall be the final action of the commission. If not appealed within such time, the commission action shall become final.

B. Form. An appeal shall be filed with the city clerk within the prescribed period. The city clerk shall set a date, time and place for a public hearing before the council. An appeal by a member of the council may be filed orally at any council meeting.

C. Fees. Upon filing of an appeal the appellant, except for a member of the City Council, shall pay a fee established by City Council resolution for the purpose of defraying the costs incidental to the proceedings. Members of the City Council shall not be required to pay a fee. (Ord. 1629 § 30, 2003)

D. Hearings – Notices. Notice of the hearing shall be given by the city clerk in the same manner as notice was required for the commission’s decision on the matter appealed.

E. Hearings. A hearing shall be commenced before the council within thirty-five days after the filing of the appeal.

F. Decisions. The council shall render a final decision on the appeal within fourteen days after the close of the hearing. Findings shall be required where such findings are required of the commission. (Prior code § 10-1.19)