Chapter 20.30 GRADING ORDINANCE


Section 20.30.110 Appeals.

    1. Any applicant, permit holder or property owner who is aggrieved by an interpretation or enforcement of this chapter may appeal to the grading appeals board.
    2. Appeals shall be filed by the aggrieved party within ten days after the action giving rise to the applicant's claim.  Written notice of appeal must be filed with the public works director setting forth a statement of the grounds for such appeal and a request for a hearing before the grading appeals board.  The public works director shall immediately forward such petition to the chairperson of the grading appeals board.
    3. Within three working days of receipt of such petition, the board's chairperson shall set a time and place for hearing on said appeal, and shall give the applicant, the public works director, the grading appeals board and all other interested parties notice thereof.  At such hearing all interested parties shall be given an opportunity to be heard, and to show cause why the aggrieved interpretation or enforcement should be sustained, modified, or withdrawn.  The hearing before the board shall not be later than ten working days after the date on which the petition was filed without the permission of the appellant.  The chairperson of the board shall have the power to administer oaths and affirmations in connection with the conducting of any hearing held in accordance with the provisions of this section.
    4. After such hearing, the board shall sustain, modify or withdraw the interpretation or enforcement action.  
    5. The determination and disposition of an appeal made by the board shall be summarized, reduced to writing, and entered as a matter of public record in the office of the public works director.  The public works director shall notify all appealing parties of the board's determination and disposition of appeal by written notice and/or order sent by certified mail.
    6. Any person aggrieved by an action of the board may appeal the decision to the city council by filing written notice of appeal within ten days of the board's decision.  The council shall conduct a public hearing on said appeal within ten working days of receipt of the appeal.  The council shall give the appealing party and the examining board written notice by certified mail of the date, time and place of the hearing and to the general public in the manner prescribed in section 362.3 of the Code of Iowa.  All interested persons shall be given opportunity to be heard at such hearing and the city council may affirm, modify, or overrule the action of the board. (Ord. 2000-9159)