Artesia Municipal Code Art. 19 Appeals

(a) Filing. Within 15 days after the receipt by the applicant for a variance or conditional use permit, or receipt by the owner or operator of a use which was the subject of a public hearing for revocation or modification, of notice of the action of the Commission, any person dissatisfied with the action of the Commission may file with the City Clerk an appeal from such action.

(b) Fees. Any person filing an appeal with the City Clerk shall deposit an amount equal to 1/2 the cost of the filing fee to cover the costs of the appeal.

(c) Council Action. Upon receiving a notice of appeal, the Council may:

(1) Affirm the action of the Commission;

(2) Require a transcript or recording of the testimony and all other evidence upon which the Commission made its decision, and, after receiving such evidence, take such action as, in the opinion of the Council, is indicated by such evidence alone;

(3) Refer the matter back to the Commission, with or without instructions for further proceedings; or

(4) Set the matter for a hearing before itself. At such hearing, the Council shall hear and decide the case de novo.

(Ord. 159, § 83.01)

In any case in which the Council sets the matter for a hearing before itself or receives the transcript or recording and all other evidence upon which the Commission made its decision, the decision of the Council on the appeal need not be limited to the points appealed but may cover all phases of the matter, including the addition or deletion of any condition.

(Ord. 159, § 83.02)

The decision of the Council upon an appeal from an action of the Commission shall be final and conclusive as to all things involved in the matter.

(Ord. 159, § 83.03)