Chapter 2.30
APPEAL TO CITY COUNCIL – PROCEDURE

Sections:

2.30.010    Appeal – Grounds.

2.30.020    Appeal – Filing.

2.30.030    Appeal – Contents.

2.30.040    Appeal – Time of hearing.

2.30.050    Hearing – Notice to appellant.

2.30.060    Hearing – Procedure.

2.30.070    City council – Final decision.

2.30.080    Effective date of administrative decision.

2.30.010 Appeal – Grounds.

Any person aggrieved by the decision of an administrative commission or board of the city respecting the interpretation or application of any of the provisions of this code may appeal to the city council for a review, as provided in this chapter, unless a different procedure, designated elsewhere in this code, supersedes the provisions of this chapter. (Amended during 1980 codification; Ord. 28 § 1, 1961).

2.30.020 Appeal – Filing.

The appellant must file a written appeal with the city clerk, which may be on a form provided by the city clerk, within 10 days, excluding legal holidays, after the administrative decision has been rendered. The 10-day period shall commence on the day after the decision has been reduced to writing and filed with the secretary of such commission or board. The appellant shall specify an address at which the appellant may be given notice of the hearing date. (Amended during 1980 codification; Ord. 28 § 2, 1961).

2.30.030 Appeal – Contents.

The notice of appeal shall be accompanied with a statement containing the grounds of the appeal, including:

A. The specific provision or provisions of the particular ordinance or ordinances or such rule or regulation issued under an ordinance which is drawn into question;

B. The interpretation or application that is claimed;

C. The facts supporting such interpretation or application. (Ord. 28 § 3, 1961).

2.30.040 Appeal – Time of hearing.

Every appeal shall be heard by the city council on the second regular meeting after the filing of the notice of appeal unless the city council orders the hearing to be held at some earlier date. A regular meeting falling on the date of filing shall be counted in computing the hearing date. The scheduled hearing date may be postponed to a later date upon consent of all parties to the appeal. (Amended during 1980 codification; Ord. 28 § 4, 1961).

2.30.050 Hearing – Notice to appellant.

A. Upon the setting of such matter for hearing, the city clerk shall notify the appellant at least 10 days before the date fixed for the hearing unless the appellant waives notice in writing. The notice of such hearing shall be delivered to the address specified by the appellant as required in MICC 2.30.020.

B. The notice shall be served upon the appellant either personally or by mailing a copy of such notice by certified or registered mail, postage prepaid, return receipt requested. Service by mail in the manner provided in this chapter shall be effective on the date of mailing.

C. The notice shall include:

1. A statement of the time, place and nature of the proceeding;

2. A short and plain statement of the matters under appeal;

3. Advise that the appellant may elect to appear pro se before the city council or be represented by legal counsel; and

4. That the appellant may elect to testify orally before the city council and/or furnish a written statement. (Added during 1980 codification).

2.30.060 Hearing – Procedure.

The mayor shall preside over all public hearings, except the mayor pro tem may preside in the absence of the mayor. The conduct of the hearing shall be prescribed by the presiding officer and the hearing procedure may be adopted and included in the city council bylaws. (Added during 1980 codification).

2.30.070 City council – Final decision.

The city council shall within 30 days after the conclusion of such hearing, reduce to writing its findings and conclusions. A copy of such written finding shall be furnished to the appellant at his request. The city council may affirm, modify, or reverse the administrative body’s decision and may impose any terms or conditions which the city council may deem advisable under the circumstances. Such decision of the city council shall be final. Proceedings to review the decision of the city council in superior court must be instituted within 15 days of final action of the city council. (Added during 1980 codification).

2.30.080 Effective date of administrative decision.

If an appeal is taken as prescribed in this chapter, the administrative decision shall be stayed pending final action by the city council. (Added during 1980 codification).