§ 13.38.100. Appeals procedure.

A.

Appeals Official. Except as provided in subsection (D), an applicant may appeal (i) the denial of a permit, (ii) a permit condition, (iii) a determination that good cause to consider a late application does not exist, or (iv) revocation of a permit within ten (10) days after notice of the denial, conditional approval, determination, or revocation has been received by submitting a written request to the permit official. Within ten (10) days of receipt of the written appeals request, the appeals official shall conduct a hearing on whether to issue the permit or uphold the denial, conditional approval, determination, or revocation of the permit. The applicant shall have the right to present evidence at said hearing and to question appropriate City officials. The decision of the appeals official 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 (5) days of 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.

The decision as to the amount of traffic control or clean up necessary in conjunction with an event and the costs resulting there from, are not appealable, provided that the costs are based on the schedule of fees required in Section 13.38.060 of this chapter.

C.

City Council. 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, statutes and policies relating to the placement of items on the Council agenda and the posting of the agenda. The decision to issue or uphold the denial, conditional approval, determination, or revocation of the permit shall be based solely on the approval criteria set forth in this Chapter.

D.

District Courts of El Paso County. 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 the District Court within thirty (30) days after the applicant has received notice of the decision. The parties shall comply with all laws and rules governing such matter before the court.

(Ord. No. 18381, § 1, 7-7-2015)