§ 6.20.120. Appeal.

(a)

Administrative decisions by city staff and enforcement actions may be appealed by the developer or property owner to the stormwater advisory committee (SAC) pursuant to the following rules:

(b)

The appeal must be filed in writing with the city clerk within five business days of the decision or enforcement action.

(c)

The written appeal shall specify in detail the action appealed from, the errors allegedly made by the enforcement officer giving rise to the appeal, a written summary of all oral and written testimony the applicant intends to introduce at the hearing, including the names and addresses of all witnesses the applicant intends to call, copies of all documents the applicant intends to introduce at the hearing, and the relief requested.

(d)

The enforcement officer shall specify in writing the reasons for the enforcement action, a written summary of all oral and written testimony the enforcement office intends to introduce at the hearing, including the names and addresses of all witnesses the enforcement office intends to call, and copies of all documents the enforcement office intends to introduce at the hearing.

(e)

The city clerk shall notify the applicant and the enforcement office by ordinary mail, and shall give public notice in accordance with Chapter 21 Iowa Code of the date, time and place for the regular or special meeting of the SAC at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less than four nor more than twenty (20) days after the filing of the appeal. The rules of evidence and procedure, and standard of proof to be applied, shall be the same as provided by Chapter 17A, Code of Iowa. The applicant may be represented by counsel at the applicant's expense. The enforcement officer may be represented by the city attorney or by an attorney designated by the city council at city expense.

(f)

The decision of the SAC shall be rendered in writing and may be appealed to the city council.

(g)

Should the decision be appealed to the city council, the decision of the city council shall be rendered in writing and may be appealed to the Iowa District Court.

(Ord. No. 6157, § 1, 6-25-2012).