Chapter 18.212 — APPEAL PROCEDURES

The purpose of this chapter is to establish procedures which will be of general applicability throughout this title, including procedures relating to appeals of decisions by agencies of the city. (Ord. 37 § 600, 1961; Ord. 662 § 1, 1979)

Where the provisions of this title provide for the appeal of decisions, determinations or actions of any agency of the city to the city council, such appeal shall be governed by the provisions of this chapter unless otherwise provided.

Any such decisions, determinations or actions shall be final and effective immediately unless appealed to the council in accordance with the provisions of this chapter, or such other procedures as this title may provide.

(Ord. 37 § 610, 1961; Ord. 662 § 1, 1979)

Appeals may be filed by any aggrieved party, but may not be filed more than twenty days after the issuance of the decision, determination or action from which the appeal arises. (Ord. 37 § 611, 1961; Ord. 662 § 1, 1979)

The appeal shall contain a statement of the grounds for the appeal and shall be accompanied by such fees and/or charges as may be provided by resolution of the city council. (Ord. 37 § 612, 1961; Ord. 662 § 1, 1979)

Any decision subject to appeal may, prior to the expiration of the period for filing an appeal, be set for review by the city council or a member of the city council without the necessity of the filing of an appeal or payment of any fees. The council shall set the matter for a public hearing, with notice thereof to be given in accordance with Section 18.212.080 . At the hearing, the burden of proof to support a decision shall be on that party required to bear the burden of proof for the decision at the initial level of consideration. After the hearing, the council may approve, deny, or modify the decision as it determines appropriate to effectuate the requirements of this code. (Ord. 37 § 613, 1961; Ord. 662 § 1, 1979; Ord. 1025 § 4, 1995)

Upon receipt of a timely filed appeal, the city clerk shall forward the appeal to the council including any evidence upon which the decision was made. Notice of any public hearing shall be given in the manner required by Section 18.212.080 .

(Ord. 37 § 614, 1961; Ord. 662 § 1, 1979; Ord. 1170 § 3, 2007)

Following any hearing held by the council pursuant to Section 18.212.060 , the council shall consider all relevant evidence, including any such evidence relied upon by the agency. The council may affirm, reverse or modify the decision and shall give a written statement of the reason for the council's determination. Any determination by the council shall be final and effective immediately. (Ord. 37 § 615, 1961; Ord. 662 § 1, 1979)

The city clerk shall give notice of the time and place of any public hearing set by the council, in the same manner as was given for the hearing or action by the agency; provided, that written notice shall be sent to the appellant and to all persons who request such notice. The council may provide for such additional notice as it finds suitable.

(Ord. 37 § 616, 1961; Ord. 662 § 1, 1979)

When the city council requests review of a decision, or an appeal of a decision is properly filed, the effect of such decision shall be deemed stayed. Any action taken pursuant to a decision prior to the expiration of the appeal period applicable to such decision is at the risk of the party taking such action.

(Ord. 37 § 617, 1961; Ord. 662 § 1, 1979; Ord. 1025 § 4, 1995)

In the event a decision is reviewed by the city council or an appeal of a decision is filed, and the matter is not acted upon within forty days after the date set by the city clerk for the public hearing thereon, then in that event, the previous decision shall be deemed affirmed. (Ord. 37 § 618, 1961; Ord. 662 § 1, 1979; Ord. 1025 § 4, 1995)

Whenever the ends of justice so require, the council may waive the requirements of this chapter so as to permit consideration of an appeal by the council. (Ord. 37 § 619, 1961; Ord. 662 § 1, 1979)