§ 12.08.120. Appeals procedure.

Any person or entity aggrieved by a finding, determination, notice, action or failure to act taken under the provisions of this chapter with respect to issuing a permit under this chapter, only, may appeal such finding, determination, notice, action or failure. An appeal must be perfected within three (3) days after receipt of notice of any protested finding, determination, notice, action or failure to act by filing with the director a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than fifteen (15) days after receipt of the letter of appeal unless appellant requests a longer time period. Appellant shall be given at least five (5) days notice of the time and place of the hearing. A hearing officer, appointed by the city manager, shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the finding, determination, notice, action or failure to act should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the matter appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination. The appeal process set forth in this section does not apply to administrative citations pursuant to Chapter 1.26 or to orders to comply pursuant to Chapter 1.25.

(Ord. 6869 § 2 (part), 2001)