Chapter 17.65
APPEALS

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.

A.    Decisions of the Public Works Director and/or Harbormaster resulting from his or her administration of this Code 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 and/or Harbormaster’s administration of this Code. 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. 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) days of the decision. (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 of decisions of the Public Works Director and/or Harbormaster shall be made in writing to the City Clerk on forms provided by the Public Works Director and/or Harbormaster. Appeals or calls for review of decisions of the Harbor Commission 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. Decisions that are appealed or called for review shall not become effective until the appeal or review is resolved. (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 appellate or review body within thirty (30) days of the filing of the appeal or review unless both applicant and appellant or review body consent to a later date.

B.    Notice and Public Hearing. An appeal or call for review hearing shall be a public hearing if the decision being appealed or called for review requires a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or called for review.

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

D.    Hearing. At the hearing, the deciding body shall review the record of the decision and hear testimony of the appellant, if any, the applicant and any other interested party. An appeal or call for review shall be de novo.

E.    Required Findings. At an appeal or review hearing, the deciding body shall make the findings prescribed in the individual chapters of this Code when affirming, modifying or reversing the original decision.

F.    Decision and Notice. After the hearing, the appellate (or reviewing) body shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the appellate (or reviewing) body shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) days of the close of the hearing. The Public Works Director and/or Harbormaster, as applicable, shall mail notice of a Harbor Commission decision and the City Clerk shall mail a notice of a City Council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant and the appellant, if any. (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. 2015-9 § 36, 2015)