Chapter 17.65
APPEALS OR CALLS FOR REVIEW

Sections:

17.65.010    Authorization.

17.65.020    Time Limits.

17.65.030    Initiation.

17.65.040    Procedures.

17.65.050    Judicial Review of City Decision.

17.65.010 Authorization.

The purpose of this chapter is to provide procedures for the appeal or call for review of the decisions of the Public Works Director, the Community Development Director, Risk Manager, Harbormaster and Harbor Commission under this title.

A.    Decisions of the Public Works Director, Community Development Director, Risk Manager, and/or Harbormaster resulting from his or her administration of this title may be appealed to the Harbor Commission by any interested person.

B.    Decisions of the Harbor Commission may be appealed to the City Council by any interested person.

C.    A member of the Harbor Commission, acting in their official capacity, may call for review, to the Harbor Commission, decisions resulting from the Public Works Director, Community Development Director and/or Harbormaster’s administration of this title. The purpose of the call for review is to bring the matter in front of the entire body for review.

D.    A member of the City Council, acting in their official capacity, may call for review, to the City Council, decisions of the Harbor Commission. The purpose of the call for review is to bring the matter in front of the entire body for review. (Ord. 2021-3 § 3, 2021; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-17 § 62, 2018: Ord. 2015-9 § 32, 2015: Ord. 2008-2 § 1 (part), 2008)

17.65.020 Time Limits.

Appeals or calls for review shall be initiated within fourteen (14) calendar days of the decision. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2015-9 § 33, 2015: Ord. 2008-2 § 1 (part), 2008)

17.65.030 Initiation.

A.    Filing of Appeals and Calls for Review. Appeals or calls for review shall be made in writing to the City Clerk on forms provided by the City Clerk. The appeal shall state the facts and basis for the appeal. A call for review initiated by a member of the Harbor Commission or City Council, in their official capacity, shall be for the purpose of bringing the matter in front of the entire body for review.

B.    Fee. Appeals shall be accompanied by a fee as established by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision.

C.    Effect on Decisions. Except where this title authorizes the revocation of a permit by the Harbormaster, decisions that are appealed or called for review shall not become effective until the appeal or review is resolved. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-17 § 63, 2018; Ord. 2015-9 § 34, 2015: Ord. 2008-2 § 1 (part), 2008)

17.65.040 Procedures.

A.    Hearing Date. An appeal or call for review shall be scheduled for a hearing before the reviewing body within forty-five (45) days of the filing of the appeal or call for review, or the decision by the Building and Fire Code Board of Appeals if they are to hear an appeal first, unless both appellant and the reviewing authority consent to a later date.

B.    Notice and Public Hearing. An appeal or call for review hearing shall be a public hearing. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 17.05.140.

C.    Plans and Materials. At an appeal or call for review hearing, the reviewing body shall consider the application, plans and project-related materials that were the subject of the original decision.

D.    Hearing.

1.    At the hearing, the reviewing body shall review the record of the decision and hear testimony of the appellant, and any other interested party. An appeal or call for review shall be de novo.

2.    The failure of the appellant or his or her authorized representative to appear at the hearing shall constitute a failure to exhaust his or her administrative remedies.

3.    The hearing need not be conducted in accordance with the technical rules of evidence and any relevant evidence may be considered.

4.    The appellate (or reviewing) body may continue the hearing from time to time and/or request additional information prior to issuing a written decision.

E.    Required Findings. At an appeal or review hearing, the reviewing body shall make the findings prescribed in Section 17.05.140(D)(1) or state why it cannot make the findings when affirming, modifying or reversing the original decision.

F.    Decision and Notice. After considering all of the testimony and evidence presented at the hearing, the reviewing body shall issue a written decision within a reasonable time. The written decision shall state the specific reasons for the decision and shall be served on the appellant in accordance with Section 1.05.030. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-17 § 64, 2018; Ord. 2015-9 § 35, 2015: Ord. 2008-2 § 1 (part), 2008)

17.65.050 Judicial Review of City Decision.

A person shall not seek judicial review of a City decision on any matter until all appeals or calls for review, if applicable, to the Harbor Commission and City Council have been first exhausted in compliance with this chapter. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2015-9 § 36, 2015)