If a grading permit applicant or other persons whose property rights may be affected by the denial or issuance of approvals therefor are dissatisfied with a determination made by the building official or the city engineer, they may appeal the decision to the city council by filing a written appeal with the city clerk within twenty calendar days of the date of the decision. The written appeal must state the specific reasons for the appeal and assert the grounds upon which relief is requested. If an appeal is not filed within the time, or in the manner, prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.
Sec. 6-3-9-1 Appeal Fee. The city council shall by resolution from time to time establish a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
Sec. 6-3-9-2 Appeal Hearing. After the filing of an appeal within the time and in the manner prescribed herein, the city council shall conduct a hearing for the purpose of determining whether the appeal should be granted. Any appeal hearing shall be set no sooner than twenty days following the filing of a request for an appeal hearing and no more than sixty days from the date such request is filed. Written notice of the time, date, and place of the hearing shall be served upon affected city staff and the appellant not later than ten days preceding the date of the hearing.
The city council shall conduct a de novo review of the entire proceeding or proceedings relating to the act or decision being appealed and may make any order it deems just and equitable, including the approval of grading master plans or the granting of a grading permit. Any hearing may be continued from time to time.
At the conclusion of the hearing, the city council shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be filed with the city clerk. The city clerk shall serve such decision on the applicant or permittee and the director. The decision of the city council shall become final upon the date of filing and service with respect to any appeal. (Ord. No. 1353, § 2 (part).)