Chapter 20.95 — APPEALS

Sections:

20.95.200 Appeal to planning commission.

20.95.400 Appeal to city council.

20.95.600 Appeal stays effective date.

20.95.800 Failure to act.

Any determination by the director of community development authorized pursuant to the city development code, shall be final and effective unless appealed to the planning commission by any interested party within ten days following issuance of such determination. Notice of such appeal must be filed in the office of the director of community development together with any required fees, and shall be accompanied by a written statement setting forth the reasons why further review is appropriate.

If a public hearing was held in connection with the original determination, the planning commission may consider the record of the case and need not consider another public hearing. In all other cases the planning commission shall conduct a public hearing, with notification given in the same manner as for the original determination. Provided, however, that the planning commission may direct that additional notice be given in such manner as it determines.

Following such hearing, if any, the planning commission shall consider the matter and may affirm, reverse or modify the determination of the director of community development provided that any reversal or modification shall be accompanied by a written statement setting forth the reason for the planning commission action. (Ord. 770 § 1 (part), 1996; Ord. 346 § 1 (part), 1972)

Any determination made by the planning commission or by the city manager in the administration or enforcement of the city development code shall be final and effective unless:

(a) The determination is appealed by any interested party to the city council within fifteen days following issuance of such determination; or

(b) A member of the city council does, at the next city council meeting after receipt of the planning commission decision, requests that the decision of the planning commission be formally reviewed by the entire city council. Notice of such appeal must be filed in the office of the city clerk together with any required fees and shall be accompanied by a written statement setting forth the reasons why further review is appropriate.

If a public hearing was held in connection with the original determination or a previous appeal, the city council may consider the record of the case and need not conduct another public hearing. In all other cases the city clerk shall set the matter for public hearing, giving notice in the same manner as for the original determination. Provided however, that the city council may direct that additional notice be given in such manner as it determines.

Following such hearing, if any, the city council shall consider the matter and may affirm, reverse, or modify the determination of the planning commission or city manager provided that any reversal or modification shall be accompanied by a written statement setting forth the reason for the city council action.

The determination of the city council shall be final and effective immediately. (Ord. 346 § 1 (part), 1972)

When an appeal is properly filed, the determination appealed from is stayed. Any action taken pursuant to such determination prior to the expiration of the appeal period is at the risk of party taking such action. (Ord. 346 § 1 (part), 1972)

In the event that an appeal is filed and not acted upon within forty days after the matter is submitted for decision then in that event, the previous decision shall be deemed affirmed. (Ord. 346 § 1 (part), 1972)

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