9.05.091 Appeal authorized.
A. An applicant for a permit, a permittee or any person aggrieved by any action, decision or interpretation of the city engineer may appeal to the council by filing with the city recorder the following:
1. A written notice of appeal, specifying the basis of the appeal; specific legal and factual bases for appeal; the specific reasons why the appellant contends that the city engineer’s action, decision or interpretation is incorrect or is not in conformance with the applicable requirements; and specific facts showing the appellant has a substantial interest in the action, decision or interpretation and that the council’s decision will have a practical effect on the appellant; and
2. An appeal filing fee, unless the appeal is filed by or on behalf of the city manager or another public agency or is waived by motion and order of the council.
The written notice of appeal and filing fee shall be filed within ten calendar days from the date of mailing of notice of the city engineer’s action or the date of actual notice, whichever is earlier.
B. Failure to file an appeal within the time allowed by this Ordinance and according to the requirements set forth in this section is jurisdictional. In such cases, the staff decision shall be deemed the City’s final decision on the matter.
C. If the decision to issue the permit is contested, the burden shall be on the permit applicant to establish that the requirements for issuance of a permit have been met.
D. If the adequacy of the conditions attached by the city engineer is contested, the petitioner shall have the burden of showing grounds for modification or addition of conditions. The hearing shall be de novo. However, the city engineer shall furnish for council consideration all written evidence previously received or generated by the city engineer bearing on the appeal.
E. At the conclusion of the hearing, and after argument if any, the council shall rule on the issues presented. The order shall, as applicable, grant or deny the permit, and may attach conditions consistent with this ordinance.
F. The order shall be in writing and contain findings on all contested issues, with specific reference to the evidence upon which the findings were based. If an emergency exists, the order may be made orally and shall be reduced to writing as soon as practicable. A copy of the order shall be delivered to the permit applicant if any, the petitioner and the city engineer. The decision of the council shall be final.
G. If an appellant has applied for both a permit issued under this ordinance and a “grading only” (or “early grading”) permit for the same project, but has not received either permit when the violation occurs, and the council denies the appeal, the penalty shall be based on the permit fee for a permit issued under this ordinance, not the “grading only” permit.
H. If a penalty is appealed and the council rules in favor of the appellant, the council may refund all, part or none of the appeal filing fee to the appellant. If the council approves a refund, the City shall refund any monies due the appellant within 30 calendar days after the council approves the final order.
I. If an appellant pays a penalty before the appeal is heard by the council, and the appeal is granted by the council, the City shall refund any monies due the appellant within 30 calendar days after the council approves the final order. [BC 9.05.091, amended by Ordinance No. 3440, 4/2/85; amended by Ordinances No. 3487, 1/14/86, Ordinance No. 4249, 4/7/03, Ordinance No. 4744, 10/17/18, Ordinance No. 4794, 12/1/20]