§ 2.55.075. Appeals.  


Latest version.
  • A.

    An interested party may appeal a panel determination to the full commission by filing an appeal application with the administrator of neighborhood services within 10 days following the date the decision is mailed to that party. A quorum of the full commission shall be a majority of the commission seats filled by the city council. A seat is deemed to be filled after a nominee has been sworn in by the city clerk. No action of the full commission shall be valid without the affirmative vote of at least three members.

    B.

    The appeal application shall set forth previously unavailable new evidence regarding the matter; or state specifically the manner in which the panel determination was not supported by the record, misinterpreted the municipal code, misapplied established city policy, or erred in some other respect.

    C.

    The appeal application shall be reviewed by the administrator of neighborhood services to determine procedural compliance with subsection B of this section.

    D.

    Whenever an appeal is timely filed and meets one of the requirements of subsection B of this section, the administrator of neighborhood services shall schedule a date for the hearing. The date of the hearing shall be within 30 to 60 days of the filing of the appeal application, depending on the circumstances in the case.

    E.

    At the appeal hearing, the commission shall review the record of the decision, hear testimony, and receive evidence relevant to the panel decision from the appellant, staff or any other party affected by the panel determination.

    F.

    At the close of the hearing, the commission shall affirm, modify or reverse the panel determination. When a decision is modified or reversed, the commission shall state the specific reasons for the modification or reversal.

    G.

    The decision of the full commission shall be the final administrative authority.

    H.

    If the commission fails to act upon an appeal within the time limits prescribed in this section, the panel determination from which the appeal was taken shall be deemed affirmed.

(Ord. 6820 § 10, 2000; Ord. 6675 § 3, 1996; Ord. 6396 § 2 (part), 1990)