§ 17.70.080. Appeals.

A.

Procedure—Appeal.

1.

An appeal shall stay all proceedings in furtherance of the action appealed from, pending its determination.

2.

Before granting an appeal in whole or in part, the appeal body shall make written findings. First, setting forth specifically wherein there was error or abuse of discretion in the original determination; and secondly, making those findings required to support any new or revised determination of the matter. A determination on appeal shall be a de novo hearing based upon the evidence and testimony introduced at any previous hearing or hearings and the subsequent record, findings and recommendations or determinations.

3.

If the appeal body fails to render a decision, the prior decision made at the lower level shall be the final decision.

B.

Time Limit—Applicant's Filing of Appeal. Any valid appeal shall be filed by the applicant within fifteen (15) days after the date on which notice of the determination was mailed, except that when the final day for filing an appeal falls on a Saturday, Sunday or legal holiday, the time for filing such appeal shall be extended to the close of business on the next succeeding working day. Mailing of notice shall be as expeditious as practicable.

C.

"Call-Up Appeal Procedure. Not later than fifteen (15) days after the date on which notice of the determination was mailed, the City Council or Planning Commission may "call-up" an action and decide to hear it on appeal, if it is the next direct level of appeal for a particular matter. "Calling-up" an action for appeal shall not require an application from the applicant, but shall require the written direction of at least two members of the city council or planning commission, whichever is applicable. Upon receipt of such written direction, staff shall process the appeal in the same way as an applicant-filed appeal.

(Prior code § 080.23)

(Ord. No. 1087, § 3, 5-25-16)