Ord. 20607 - Laserfiche WebLink

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7.735 SDC -Appeal Procedures (1) As used in this section, "working day" means a day when the general offices of the city are open to transact business with the public. (2) A person aggrieved by a decision required or permitted to be made by the city manager or the manager's designee under sections 7.700 to 7.732 or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure by filing with the public works staff at the city's permit center a written request for consideration by the hearings officer and by paying the fee for an appeal established under section 2.020 of this code. Such appeal shall describe with particularity the decision or the expenditure which the person appeals and shall comply with subsection (4) of this section. (3) An appeal of an expenditure must be filed within two years of the date of alleged improper expenditure. Appeals of any other decision must be filed within 15 working days of the date of the decision. (4) The appeal shall state: (a) The name and address of the appellant; (b) The nature of the determination being appealed; (c) The reason the determination is incorrect; and (d) What the correct determination of the appeal should be or how the correct determination should be derived. An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed. (5) Unless the appellant and the city agree to a longer period, an appeal shall be heard by a hearings officer within 15 working days of the receipt of the notice of intent to appeal. At least ten working days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant. (6) The hearings officer shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence he/she 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. (7) The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be or how a correct determination should be derived. (8) The hearings officer shall issue a written decision within ten working days after the hearing date and the decision of the hearings officer shall be final. Section 8. The City Recorder, at the request of, or with the consent of the City Attorney, is authorized to administratively correct any reference errors contained herein, Ordinance - Page 7 of 8