Chapter 15.70
APPEALS

Sections:

15.70.010    Appeals.

15.70.010 Appeals.

A. Whenever the building official disapproves an application or refuses to grant a permit applied for, or when it is claimed that any provision of the code has been misconstrued or wrongly interpreted, the person disagreeing with the building official, referred to as applicant, may appeal from the decision of the building official to the city manager within 30 days from the date of the decision.

B. Applicant must file the appeal with the city manager within 30 calendar days of applicant’s receipt of the building official’s decision. Applicant’s failure to duly appeal within this time constitutes a waiver of applicant’s appeal rights and the building official’s decision becomes final.

C. In the appeal, the applicant must:

1. State that the document is an appeal;

2. Specify the specific order, action or inaction protested;

3. State any material facts claimed to support applicant’s contention;

4. State the relief sought and the reasons why it is claimed the protested order, action, or inaction should be reversed, modified, or otherwise set aside;

5. Applicant must verify, under penalty of perjury, the truth of the matters stated in the appeal.

D. Upon timely receipt of the appeal, the city manager will set a date to hear the appeal. Such date will not be less than 10 calendar days nor more than 60 calendar days from the date the city manager received the appeal. The city manager will send notice of the date, time, and place of the hearing to the applicant and the building official at least 10 calendar days before the hearing.

E. The applicant and the building official may be represented by counsel. The city manager may be assisted by counsel.

F. All testimony shall be under oath. The proceedings shall be tape-recorded. Upon written request, applicant is entitled to a copy of the tape at no charge. Applicant and the building official may examine and cross-examine witnesses. The city manager or representative may also question witnesses. Exhibits may be introduced. The rules of evidence need not be strictly followed. Irrelevant or unduly repetitious evidence may be excluded. The factual record is closed at the close of the hearing, and may be reopened only upon good cause. The city manager may continue the hearing for good cause.

G. The order of presentation will be:

1. Brief opening statement by applicant;

2. Brief opening statement by building official;

3. Presentation of evidence by applicant;

4. Presentation of evidence by the building official;

5. Rebuttal evidence as necessary;

6. Argument by applicant;

7. Argument by building official.

H. Applicant bears the burden of proof by a preponderance of the evidence on all factual matters.

I. The decision of the city manager shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with.

J. An applicant who is dissatisfied with the city manager’s decision may appeal it to the superior court in Palmer only. Such appeal must be filed within 30 calendar days of applicant’s receipt of the final decision. Applicant’s failure to meet this 30-calendar-day deadline constitutes a waiver of all appeal rights and the city manager’s decision becomes final.

K. The city manager’s decision must notify applicant in writing of provisions of subsection (J) of this section. (Ord. 17-005 § 4, 2017)