Appeals

(a)

Appeals to the historic and environmental preservation board. Any citizen may appeal any decision of the department of planning, and the code enforcement department of any term or provision of this article to HEPB, by filing, within ten days after the date of the initial decision, a written notice of appeal with the city manager, with a copy to the city clerk and the preservation officer, which shall set forth precisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by the applicable fee. The enforcement agency shall immediately issue a stop work order for any work which could be affected by the subject appeal, pending final disposition of the appeal. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter. The historic and environmental preservation board shall hear at a public hearing all facts material to the appeal and render a decision within 45 days of the filing of such appeal. The historic and environmental preservation board may affirm, modify or reverse the decision appealed from, provided that the board shall not take any action which conflicts with or nullifies any of the provisions of this article.

(b)

Appeals to the city commission. Any citizen may appeal any decision of the historic and environmental preservation board as it relates to this article, to the city commission by filing within ten days after the date of the decision, a written notice of appeal with the city manager, with a copy to the city clerk and the preservation officer, which shall set forth precisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by the applicable fee. The enforcement agency shall immediately issue a stop work order for any work which could be affected by the subject appeal, pending final disposition of the appeal. A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter. The city commission shall hear and consider all facts material to the appeal and render a decision within 45 days of the filing of such appeal. The city commission may affirm, modify or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered.

(Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-15; Ord. No. 13174, § 2, 5-13-10; Ord. No. 13971, § 2, 2-25-21)