CHAPTER 12.40
APPEALS
SECTION:
12.40.020 Appeals By Council Members
12.40.060 Transmittal Of Record
12.40.080 Action By Commission, Council
12.40.010 SCOPE:
Whenever provision for an appeal is made in this title, the appeal may be taken by any person aggrieved with the decision appealed from, and the following regulations shall apply. (Ord. 2000-03, 8-7-2000)
12.40.020 APPEALS BY COUNCIL MEMBERS:
A member of the city council may appeal an action of either the planning director or planning commission. If an appeal is made by a council member, there shall be a presumption applied that the reason for the appeal is because the appealed action has significant and material effects on the quality of life in the city. The basis of the appeal need not be stated in the council member’s written appeal. No inference of bias shall be raised by virtue of such an appeal, and the appealing council member may participate and vote on the appealed matter if not otherwise disqualified. (Ord. 2000-03, 8-7-2000)
12.40.030 APPEAL PERIOD:
An appeal will be valid only if a notice of appeal is filed with the city council within fifteen (15) calendar days from the date of the action or administration decision appealed. (Ord. 2000-03, 8-7-2000)
12.40.040 CONTENT OF NOTICE:
Every notice of appeal shall be in writing and shall be filed in duplicate with the city council and the planning director. (Ord. 2000-03, 8-7-2000)
12.40.050 FEE:
Every person filing an appeal shall pay the city such fee as shall be established, and from time to time may be amended, by resolution of the city council. (Ord. 2000-03, 8-7-2000)
12.40.060 TRANSMITTAL OF RECORD:
Upon receipt of a timely filed notice of appeal, the planning director shall transmit a copy of all documents constituting the record upon which the appealed action or decision was taken to the appeal body. (Ord. 2000-03, 8-7-2000)
12.40.070 STAY OF PROCEEDINGS:
The filing of an appeal shall wholly vacate the action or decision of the planning director and all proceedings shall be stayed. (Ord. 2000-03, 8-7-2000)
12.40.080 ACTION BY COMMISSION, COUNCIL:
A. Planning Commission: The planning commission shall hear and decide appeals from any action of the planning director and may affirm or reverse the action, in whole or in part. The planning commission shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper.
B. City Council: The city council shall hear and decide appeals from any action of the planning commission and may affirm or reverse the action, in whole or in part. The city council shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper. (Ord. 2000-03, 8-7-2000)
12.40.090 ABANDONMENT:
Any appeal not brought to hearing within a period on ninety (90) days from the date that a notice of appeal is filed shall be deemed abandoned, and proceedings shall be terminated as of the date such period shall expire unless the city council approves a later hearing date in public session. (Ord. 2000-03, 8-7-2000)
12.40.100 HEARINGS:
A. Governing Provisions: Whenever a hearing is held by the city council in accordance with the provision of this chapter, the regulations hereinafter set forth shall govern unless otherwise provided.
B. Date: The date for any public hearing required by this chapter shall be held within a reasonable time but not in excess of thirty (30) days after receipt of the application and all necessary documents pertaining thereto. The appellant shall be notified, in writing, of the date and place of any such hearing.
C. Notice: Notice of time, place, and purpose of any hearing held by the city council in accordance with the provisions of this chapter shall, unless otherwise provided, be given by publishing in a newspaper of general circulation in the city at least five (5) days prior to such hearing. For hearings directly relating to an identifiable property or area, notice shall also be given by posting at least three (3) public notices thereof at least five (5) days prior to such hearing within three hundred feet (300’) along streets upon which the subject property abuts and by mailing notice at least five (5) days prior to the date of hearing to the owners of property within three hundred feet (300’) along the streets upon which the subject property abuts, using for this purpose the names and addresses which appear on the last equalized assessment roll for taxes. No proceeding in connection with the hearing shall be invalidated by failure to send such notices where the address of the owner is not a matter of public record or to post public notices or by the failure of any of the aforesaid individuals to receive any notice. (Ord. 2000-03, 8-7-2000)