§ 12.22.100. Appeals.

A.

Any interested person may appeal the decision of the director pursuant to this chapter, with the exception of decisions on tier 1 small cell applications, which may not be appealed.

B.

Any appeal shall be filed with the director within seven (7) days after the decision by the director from which the appeal is being taken by filing a written statement of appeal, clearly setting forth all facts upon which the appellant believes the appeal should be granted.

C.

The city manager (or designee) shall consider all appeals of decisions of the director on tier 2 and tier 3 small cell applications. The appellant may request a conference with the city manager (or designee) prior to the rendering of a decision, during which the appellant (and applicant, if applicable) may present any information relevant to the appeal. Unless the applicant, agrees to a longer period of time, the conference (if any) shall occur within seven (7) days of the director's receipt of the appeal. The appeal shall be resolved by way of the city manager (or designee) issuing a written decision containing the resolution of the matter and the reasons therefor.

D.

All other appeals shall be heard by the city council, which shall hear from the appellant (and applicant, where applicable), staff, and all relevant evidence, and shall determine the merits of the appeal.

E.

Appeals shall be decided in accordance with time periods and procedures established by applicable laws and regulations, including, but not limited to, decisions of the Federal Communications Commission.

(Ord. No. 7164, § 2, 5-18-2009; Ord. No. 7335, § 6, 1-28-2019)