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Ord. 20607
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2018 No. 20588 - 20607
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Ord. 20607
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Last modified
11/30/2018 3:15:57 PM
Creation date
11/30/2018 3:15:46 PM
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City Recorder
CMO_Document_Type
Ordinances
Document_Date
11/26/2018
Document_Number
Ord. 20607
CMO_Effective_Date
1/1/2019
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7.735 SDC -Appeal Procedures <br />(1) As used in this section, "working day" means a day when the general <br />offices of the city are open to transact business with the public. <br />(2) A person aggrieved by a decision required or permitted to be made by <br />the city manager or the manager's designee under sections 7.700 to <br />7.732 or a person challenging the propriety of an expenditure of <br />systems development charge revenues may appeal the decision or the <br />expenditure by filing with the public works staff at the city's permit <br />center a written request for consideration by the hearings officer and by <br />paying the fee for an appeal established under section 2.020 of this <br />code. Such appeal shall describe with particularity the decision or the <br />expenditure which the person appeals and shall comply with subsection <br />(4) of this section. <br />(3) An appeal of an expenditure must be filed within two years of the date <br />of alleged improper expenditure. Appeals of any other decision must <br />be filed within 15 working days of the date of the decision. <br />(4) The appeal shall state: <br />(a) The name and address of the appellant; <br />(b) The nature of the determination being appealed; <br />(c) The reason the determination is incorrect; and <br />(d) What the correct determination of the appeal should be or how the <br />correct determination should be derived. <br />An appellant who fails to file such a statement within the time permitted <br />waives his/her objections, and his/her appeal shall be dismissed. <br />(5) Unless the appellant and the city agree to a longer period, an appeal <br />shall be heard by a hearings officer within 15 working days of the <br />receipt of the notice of intent to appeal. At least ten working days prior <br />to the hearing, the city shall mail notice of the time and location thereof <br />to the appellant. <br />(6) The hearings officer shall hear and determine the appeal on the basis <br />of the appellant's written statement and any additional evidence he/she <br />deems appropriate. At the hearing the appellant may present testimony <br />and oral argument personally or by counsel. The rules of evidence as <br />used by courts of law do not apply. <br />(7) The appellant shall carry the burden of proving that the determination <br />being appealed is incorrect and what the correct determination should <br />be or how a correct determination should be derived. <br />(8) The hearings officer shall issue a written decision within ten working <br />days after the hearing date and the decision of the hearings officer shall <br />be final. <br />Section 8. The City Recorder, at the request of, or with the consent of the City <br />Attorney, is authorized to administratively correct any reference errors contained herein, <br />Ordinance - Page 7 of 8 <br />
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