16.10.300 Appeals to the city manager.
A. An applicant may appeal a final decision of the planning commission by filing a written request for appeal with the city clerk within fourteen (14) calendar days after the planning commission’s decision is sent.
B. When filing the appeal, the appellant shall:
1. Certify under oath that the appeal is made in good faith;
2. Set forth the pertinent sections of the Bethel Municipal Code and/or state or federal law which the appellant believes were misapplied or misinterpreted by the city;
3. Set forth the specific relief requested;
4. An appeal to the city manager must be accompanied by a filing fee as set out in the Bethel fee and rate schedule.
C. If the appeal request does not meet the requirements of subsections A and B of this section, it shall be denied.
D. During an appeal under this chapter, the appellant may not rely on or introduce information that the appellant has failed to furnish to the city in support of its initial request.
E. Before issuing a written decision, the city manager shall review the facts relating to the claim and obtain necessary assistance from legal and other relevant advisors.
F. The city manager’s decision will be limited to a review of the file and all documents presented and accepted to date. No argument will be heard by the city manager.
G. The city manager shall furnish a copy of their decision to the appellant by certified mail or other method that provides evidence of receipt. The decision must include:
1. A description of the claim;
2. A reference to the pertinent BMC provisions;
3. A statement of the agreed-upon and disputed facts;
4. Findings of fact about the claim;
5. A statement of reasons supporting the decision; and
6. A statement substantially as follows:
This is the final decision of the City Manager. This decision may be appealed to a Hearing Officer. If you appeal, you must file a written notice of appeal with the City Clerk within fourteen (14) calendar days after you receive this decision.
[Ord. 15-27 § 3.]