Division 4 — APPEALS AND REVOCATIONS

A.

Appeal of Community Development Director Actions. All actions and decisions of the community development director authorized by this Title 19 may be appealed to the planning commission. All such appeals shall be filed in writing with the secretary of the planning commission.

B.

Appeal of Planning Commission and Cultural Resource Management Commission Actions. All actions and decisions of the planning commission and cultural resource management commission authorized by this Title 19 may be appealed to the city council. All such appeals shall be filed in writing with the city clerk.

C.

Persons Eligible to File an Appeal. Any person may appeal a decision or action of the community development director, planning commission, or cultural resource management commission in accordance with the terms of this Division 4.

(Ord. 544 § 1(part), 2000).

All appeals must be filed within fourteen calendar days of the date of the rendering of the decision. If the fourteenth day occurs on a holiday or weekend, the appeal period shall be extended to the next city work day. No appeal shall be accepted after the appeal period has expired.

(Ord. 544 § 1(part), 2000).

A.

All appeals must be submitted in writing on a form to be provided by the city. The appeal must specifically state the grounds for the appeal and instances in which the review body erred in reaching the determination.

B.

An appeal fee shall be paid concurrent with filing of the appeal in accordance with the fee schedule established by resolution of the city council.

(Ord. 544 § 1(part), 2000).

Within fourteen days upon receipt of an appeal, the planning commission secretary (in the case of an appeal of a community development director decision) or the city clerk (in the case of an appeal of a decision by the planning commission or cultural resource management commission) shall set the matter for public hearing. The hearing shall be noticed as provided for in Division 3 (Public Hearings) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

All actions to affirm, reverse, or modify in whole or part any decision of the community development director, planning commission, or cultural resource management commission shall be made by resolution stating the findings for the affirmation, reversal, or modification.

(Ord. 544 § 1(part), 2000).

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this Title 19; or if a determination is made that a permit or approval was obtained by deception or fraud, or represents a public nuisance; or the use subject to the approval no longer exists; or the permit or approval has not been activated in accordance with the terms of this Title 19, the community development director shall have the authority to initiate revocation proceedings.

(Ord. 544 § 1(part), 2000).

A.

The community development director shall schedule a hearing before the planning commission for the purpose of considering revocation of the permit or approval. In the case where the planning commission's original action consisted of a recommendation to the city council, the planning commission's action on the revocation shall also consist of a recommendation to the city council, and the city council shall have the authority to revoke the permit or approval.

B.

At least thirty days prior to the revocation hearing, the permittee subject to the revocation hearing shall be given written notice of the city's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested.

C.

At least ten days prior to the revocation hearing, public notice of the hearing shall be given in the same manner as was required for the original permit or approval.

D.

At the hearing, the community development director shall present evidence supporting the motion for permit or approval revocation. The owner of the property, use, or business subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked.

E.

The planning commission or city council shall make a decision regarding the revocation based upon the information presented at the hearing and shall within twenty days of the hearing make findings and report its decision in writing. A copy of the decision shall be mailed via certified mail, or similar method providing proof of delivery, to the party whose permit is being revoked.

(Ord. 544 § 1(part), 2000).