A. A person aggrieved by an administrative action of the building official taken pursuant to a section of this code authorizing an appeal under this section may, within 15 days after the date of notice of the action, appeal in writing to the building official. The appeal shall be accompanied by a $250.00 appeal fee as established by the City and shall state:

An appellant who fails to file such a statement within the time permitted waives the objections, and the appeal shall be dismissed. Except as provided in subsection E of this section, the appeal fee is not refundable.

B. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.

C. Unless the appellant and the City agree to a longer period, an appeal shall be heard by the city manager within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant.

D. The city manager shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the city manager deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.

E. The city manager shall issue a written decision within 10 days of the hearing date. The decision of the city manager after the hearing is final and may include a determination that the appeal fee be refunded to the applicant upon a finding by the city manager that the appeal was not frivolous. [BC 8.02.126, added by Ordinance No. 4521, 11/30/09; amended by Ordinance No. 4794, 12/1/20]