§ 2.88.050. Appeal packet—Information to be submitted.  


Latest version.
  • A.

    The appeal packet shall include all of the following, which must be received by the clerk within ten working days following the submittal of a notice of intent to appeal. If the notice of appeal is filed by facsimile or electronic mail the ten-day period in which to file the appeal packet begins to run from the date of that filing even if the filing fee is submitted in a timely manner at a later point in time.

    1.

    The name and address of the permittee or subject of the decision being appealed;

    2.

    The name and address of the appellant, if different;

    3.

    Identification and date of the decision being appealed, including identification of the permit or decision involved;

    4.

    Identification of the specific factual or legal determination of the approving authority which is being appealed, and the basis for such appeal. Any issue not raised by the appellant in the appeal packet shall be deemed waived;

    5.

    If the basis of the appeal is, in whole or in part, an allegation of prejudicial abuse of discretion on the part of the approving authority, that there was a lack of a fair and impartial hearing, or that there were no facts presented to the approving authority to support the decision, such grounds of appeal and the factual or legal basis for such grounds must be expressly stated or the board shall deem such bases and grounds for appeal waived by the appellant.

    B.

    If the decision appealed from involves real property the appeal packet shall contain the following, in addition to the above:

    1.

    A title insurance company report issued no earlier than six months prior to the date of the decision being appealed that certifies, by name, address and assessor's parcel number, the owners of all real property located as follows:

    a.

    Within one thousand feet of any real property which is the subject of the appeal of a discretionary land use permit as provided in subsection (F)(1) of Section 2.88.010; or

    b.

    Within three hundred feet of any real property which is the subject of the appeal as provided in subsection (F)(2) of Section 2.88.010.

    2.

    A copy of the assessor's map book pages current as of the date of the decision being appealed that shows all real property which is the subject of the appeal and all properties in the property owners list described in subsection (B)(1);

    It shall be appellant's sole responsibility to ensure that all required items are submitted before the deadline. The clerk and/or county staff have been directed not to comment on or advise the appellant as to the completeness of the appeal. Therefore, the appellant shall not rely on statements made by the clerk or county staff.

(Ord. No. 1358, § 2, 4-26-2011; Ord. No. 1395, § 2, 12-16-2014)