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A. Any party aggrieved by an order or decision of the administering officer relating to this chapter may appeal the same by filing notice of appeal with the city council within thirty days of the date of mailing or transmittal to such party of such order or decision appealed from. Included with the notice of appeal must be a statement of reasons for the appeal and copies of any pertinent documents or information and proof of delivery in such time limit of such submittal to the administrative officer and city attorney. A filing fee, as set forth by resolution of the city council, must also be paid to the city clerk at the time of filing.

B. Upon receipt of a notice of appeal, where any penalty or charge is concerned, the administrative officer shall determine the amount of any accrued penalty or charge and notify the appealing party of such determination. The appealing party must post with the city clerk a bond, cash deposit or other suitable form of security as ordered by the administrative officer within ten days of notification as a condition of further prosecuting any appeal. If the appeal is sustained, the security shall be returned. If the appeal is denied, the security shall be applied to any accrued penalty or charge. No appeal shall stay the accrual of any continuing penalty except upon a showing the appeal has substantial merit and was taken in good faith, and not for purposes of delay.

C. The city council shall conduct a hearing on the appeal within thirty days of filing of the notice of appeal, and enter written findings, conclusions and decision thereafter within thirty days of the hearing. The city council’s decision is final, subject to appeal in a court of competent jurisdiction by either party with a notice of appeal filed and served within thirty days. If a city official is the responding party, a copy shall also be served on the city attorney within such time limit.

D. An order or decision of the administering officer shall be sustained by the city council or a reviewing court unless found to be arbitrary and capricious. Upon timely appeal to a reviewing court, the city clerk shall certify the record and deliver the same to the court where filed. The city clerk may require a deposit of funds by the appealing party in an amount estimated necessary to prepare the record as a condition of certifying the record.

(Ord. 1523 § 1, 2019; Ord. 1133 § 1, 2001)