§ 13.28.070. Appeals.

A.

An applicant may appeal the denial of an application or the denial of a waiver of the fees in writing within ten days after notice of the denial has been received by submitting a written request to the permit official. Within five business days, or such longer period of time agreed to by the applicant, the appeals official shall hold a hearing on whether to issue the permit or uphold the denial or to waive the fees or uphold the denial. The applicant shall have the right to present evidence at said hearing and to question appropriate city officials. The decision to issue the permit or waive the fees or to uphold the denial shall be based solely on the approval criteria set forth in this chapter. The appeals official shall render a decision on the appeal within five business days after the date of the hearing. In the event that the purpose of the proposed event is a spontaneous response to a current event, or where other good and compelling causes are shown, the appeals official shall reasonably attempt to conduct the hearing and render a decision on the appeal as expeditiously as is practicable.

B.

Except as provided in subsections D and E, the decision of the appeals official is subject to review by the city council. Prior to the filing of any petition for declaratory judgment or other judicial determination pursuant to subsection C, the applicant shall appeal the decision of the appeals official to the city council. The applicant shall submit a written appeal request to the permit official, who shall forward the request for placement on the agenda of the next available regular city council meeting in compliance with all ordinances and statutes relating to the placement of items on the council agenda and the posting of the agenda. The decision to issue the permit or uphold the denial shall be based solely on the approval criteria set forth in this chapter.

C.

The decision of the city council is subject to review in the district courts of El Paso County. Any petition for a declaratory judgment or other judicial determination as to whether the permit should be granted shall be filed with the clerk of district court within thirty days after the applicant has received notice of the decision. The city shall transmit the record to the court no later than five business days after filing its answer. The city shall in all matters before the court, seek prompt judicial action and promptly file and respond to all pleadings, discovery and other matters before the court.

D.

The decision of the appeals official to waive the fees or to uphold the denial of a request for waiver of fees is final.

E.

The decision of the permit official to refuse to accept a late application is not appealable.

(Ord. 16318 § 7, 2006)