Chapter 1.25


1.25.010    Purpose.

1.25.020    When procedure not applicable.

1.25.030    Filing and timing of notice of appeal.

1.25.040    Report, scheduling, and noticing of hearing.

1.25.050    Conduct of hearing on appeal.

1.25.060    Applicability of chapter where special rules are provided.

1.25.070    Appeals not allowed where other remedies available.

1.25.010 Purpose.

The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action of any administrative official, board, commission, body, or other agency of the city, except the city council (hereinafter “administrative agency”) in the administration or enforcement of any provision of this code or any other ordinance, rule or regulation of the city, except where it is specifically provided in this code or by other ordinance, rule or regulation of the city that a particular action by an administrative agency is final and conclusive. (Ord. 9-2014 § 1, 3-4-14.)

1.25.020 When procedure not applicable.

The appeal procedure herein prescribed shall not apply to:

(a)    Actions by administrative agencies which are specifically provided by other provisions of this code, or other ordinance of the city, to be final and conclusive, or where appeal to another administrative agency is provided;

(b)    Law enforcement activities involving state law; or

(c)    Appeals by subdividers, applicants, or interested parties from actions of any official or body authorized to make decisions pursuant to Title 17 or 18, where such title specifies an appeal procedure. In such cases, the procedure for appeal prescribed by such title shall be applicable. (Ord. 9-2014 § 1, 3-4-14.)

1.25.030 Filing and timing of notice of appeal.

(a)    Except as provided in Section 1.25.020, appeals may be filed by any interested party. An appeal shall be submitted in writing on any form prescribed for that purpose by the city, and shall state the decision appealed from, the facts and basis for the appeal, and the relief or action sought. No fee is required where an appeal is filed by the city manager or other public official in pursuance of his or her official duties.

(b)    The appeal shall be filed within 10 calendar days following the date of the decision that is being appealed. The time limit will extend to the next business day when the tenth day falls on a day that the city is not open for business.

(c)    Appeals shall be filed with the city clerk and accompanied by the required fee. (Ord. 9-2014 § 1, 3-4-14.)

1.25.040 Report, scheduling, and noticing of hearing.

(a)    The timely filing of an appeal shall automatically stay the operative effect of the action, permit, decision or determination from which the appeal has been taken until a final decision is rendered on the appeal, unless the appeal is withdrawn by the appellant.

(b)    When an appeal has been filed, the matter shall be scheduled for hearing by the city council. Staff shall prepare a report on the matter.

(c)    The city council shall conduct a public hearing on all appeals where a public hearing was held prior to the decision being appealed from. No public hearing need be held on appeals from decisions where no public hearing was originally held. Where a public hearing of an appeal is required, notice shall be given of the proposed hearing in the same manner as was required for the decision being appealed. (Ord. 9-2014 § 1, 3-4-14.)

1.25.050 Conduct of hearing on appeal.

(a)    Scope of Hearing. Review of all appeals shall be de novo. The city council is not bound by the decision that has been appealed or limited to the issues raised on appeal.

(b)    Action of City Council. The city council may continue the matter from time to time, and, at the conclusion of its consideration, may affirm, reverse, or modify the decision appealed and may take any action which might have been taken in the first instance by the body whose action is being appealed. If new or different evidence is presented on appeal, the city council may also refer the matter for reconsideration to the body whose action is being appealed. In ruling on the appeal, the findings and action of the city council shall be final and conclusive in the matter. (Ord. 9-2014 § 1, 3-4-14.)

1.25.060 Applicability of chapter where special rules are provided.

Notwithstanding this chapter, when any provision of this code specifically requires that the appeal of an action be filed within a shorter period of time from the date of the action, or that the city council must hear or act upon an appeal within a specific number of days, such provision shall govern. (Ord. 9-2014 § 1, 3-4-14.)

1.25.070 Appeals not allowed where other remedies available.

Upon receipt of a notice of appeal pursuant to this chapter, the city clerk shall investigate whether the appellant has an administrative means of relief or remedy available to him/her other than by appeal to the city council. If the city clerk finds that such alternative remedy or means of relief is available, he/she shall advise the appellant in writing of this fact, the action the appellant should take, and which administrative agency of the city may grant such relief. The appeal shall thereupon be terminated, and the appellant shall be refunded any appeal fee he/she may have paid. (Ord. 9-2014 § 1, 3-4-14.)