Chapter 13.63
APPEALS OF ADMINISTRATIVE DECISIONS

Sections:

13.63.040  Authority to hear appeals.

13.63.080  Stay of proceedings.

13.63.120  Appeal procedure.

13.63.160  Decisions.

13.63.200  Review of decisions.

13.63.040 Authority to hear appeals.

The planning commission shall have the power and duty to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the processing of any application made under this title or upon making any decision required by this title. [Ord. 3794 § 1, 1992; Ord. 3685 § 1, 1990.]

13.63.080 Stay of proceedings.

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the commission after the notice of appeal is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by a court of record or notice to the administrative official from whom the appeal is taken and due cause shown. [Ord. 3685 § 1, 1990.]

13.63.120 Appeal procedure.

Appeals to the commission may be taken by any person aggrieved or by any officer or department of the governing body of the city. Such appeals shall be taken within 15 days of the date of the public notice of the administrative decision. The community development director, upon making an administrative decision, shall place such public notice in the official newspaper. Appeals must be filed in writing with the office of community development within the above time limit. Upon receipt of a written appeal, the administrative official whose decision is being appealed shall forthwith transmit to the commission all papers constituting the record upon which the action appealed from was taken. The commission shall fix a reasonable time, not to exceed 60 days, to publish notice of the hearing and mail notice to the parties in interest, and decide the same within 10 days of the hearing date. At the hearing, any party may appear in person or by agent or attorney. [Ord. 4357, 2003; Ord. 3794 § 2, 1992; Ord. 3685 § 1, 1990.]

13.63.160 Decisions.

In exercising its powers, the commission may, so long as such action is not in conflict with this title, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination as it deems necessary and proper and shall have powers of the administrative official from whom the appeal is taken.

The concurring vote of four members of the commission shall be necessary to reverse any order, requirement, decision, or determination of the administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this title. [Ord. 3685 § 1, 1990.]

13.63.200 Review of decisions.

The decision of the commission is final and conclusive, except any person or persons, taxpayer, department, board or bureau of the city having an interest in the matter being appealed may seek review of such decision by making application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, or a writ of mandamus within 20 days of the decision. [Ord. 3794 § 3, 1992; Ord. 3685 § 1, 1990.]