§123.0203 Appeal From Historical Resources Board Decision

• (a) The action of the Historical Resources Board in the designation process is final 11 business days following the decision of the Board unless an appeal to the City Council is filed with the City Clerk no later than 10 business days after the action of the Board. The decision of the Historical Resources Board may be appealed by an applicant or an interested person . An appeal shall be in writing and shall specify wherein there was error in the decision of the Board. The City Council may reject designation on the basis of factual errors in materials or information presented to the Board, violations of bylaws or hearing procedures by the Board or individual member, or presentation of new information.

• (b) Upon the filing of the appeal, the City Clerk shall set the matter for public hearing as soon as is practicable and shall give written notice to the property owner and the appellant of the time and date set for the hearing. At the public hearing on the appeal, the City Council may by resolution affirm, reverse, or modify the determination of the Board and shall make written findings in support of its decision.

• (c) The appellant may withdraw an appeal at any time prior to the commencement of the public hearing before the City Council. The withdrawal of the appeal must be in writing and filed with the City Clerk. If the appellant withdraws an appeal, no appeal hearing will be conducted. The withdrawal of an appeal does not entitle the appellant to any refund of appeal-related costs or fees incurred as of the date of the withdrawal.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-9-2019 by O-21115 N.S.; effective 9-8-2019.)