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P & Z - 12-06-05
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P & Z - 12-06-05
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5/9/2006 1:57:13 PM
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12/2/2005 3:10:38 PM
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<br />The City Council shall have the power and duty of hearing and deciding appeals <br />where it is alleged that there is an error in any order. requirement. decision or <br />determination made in the administration or enforcement of this chapter. <br /> <br />(A) Procedure. An appeal for administrative review may be taken to the Council by <br />any person. firm or corporation or any city officer. depamnent or agency affected by an <br />adverse decision in the administration or enforcement of this chapter. An appeal shall be <br />taken by filing a notice of appeal specifying the grounds thereof with the Administrator <br />and the Council within 30 days after the decision. If the appeal is ndt taken by the owner <br />of the property which is the subject matter of the decision appealed from. the notice shall <br />not be so filed until after it has been served upon the owner either in person or by mail. <br />The Administrator shall forthwith transmit to the Council all papers constituting the <br />record upon which the action appealed from was taken. An appeal for an administrative <br />review stays all proceedings. in furtherance of the action appealed from unless the . <br />Administrator certifies to the Council that. by reason of facts stated in the certificate. a <br />stay would in his or her opinion cause imminent peril to life Qr property. In that case. the <br />proceedings shall not be stayed otherwise than by a restraining order granted br a court <br />of competent jurisdiction. The Council shall at its regular meeting after the filing of an <br />appeal to it from a decision set a date for hearing thereon. which shall be not later than 60 <br />days after therneeting. After hearing the oral or written views of all interested persons. <br />the Council shall make its decision at the same meeting or at a specified future meeting <br />thereof. The decision of the Council may be appealed to the County District Court. <br /> <br />(B) Fees. There shall be no fee charged for appeals. <br /> <br />1153.99 PENALTY. <br /> <br />Any person violating any provision of this chapter shall be guilty of a misdemeanor. <br /> <br />25 <br />
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