CHAPTER 6. BUILDING CODES.*
Article III. Grading Regulations and Permitting Procedures.
Sec. 6-3-9. Appeals.
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.
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.
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
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).)