§ 21-89. Appeal from denial or suspension of a permit.

(a)

If the building official, police chief, or fire chief with the tax assessor/collector's direction refuses to issue or renew a permit, or suspends a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and statement of the right to an appeal. The applicant or permit holder may appeal the decision of the building official, police chief, or fire chief with the tax assessor/collector's direction to the city manager by filing with the city manager a written request for a hearing, setting forth the reasons for the appeal, within thirty (30) days after receipt of the notice from the building official, police chief, or fire chief with the tax assessor/collector's direction. The filing of a request for an appeal hearing with the city manager stops an action of the building official, police chief, or fire chief with the tax assessor/collector's direction in suspending a permit until the city manager or his designated representative makes a final decision. If a request for an appeal hearing is not made within the thirty-day period, the action of the building official, police chief, or fire chief with the tax assessor/collector's direction is final.

(b)

The city manager or representative shall serve as hearing officer at an appeal hearing and consider evidence offered by any interested person. The formal rules of evidence do not apply at an appeal hearing; the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must render a decision within thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse or modify the action of the building official, police chief, or fire chief under the tax assessor/collector's direction and his decision is final unless the applicant or permit holder files a written request with the city council for a hearing within ten (10) days after receipt of notice of the action of the hearing officer. A written request to the city council stops the action of the hearing officer in suspending a permit until the city council renders a final decision.

(c)

If a request for an appeal hearing with the city council is filed within the ten-day period, the city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply to an appeal hearing before the city council. The city council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The city council shall affirm, reverse or modify the action of the hearing officer by a majority vote; failure to reach a majority decision on a motion shall leave the hearing officer's decision unchanged. The result of an appeal hearing before the city council is final.

(Ord. No. 83-115, § 12, 11-1-83; Ord. No. 98-045, 3-2-98; Ord. No. 2001-O-050, § 1, 2-26-01)