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A. Appointment: The appeal of an administrative decision shall be conducted by an administrative hearing officer, who shall be appointed by the mayor with the advice and consent of the city council. Multiple administrative hearing officers may be appointed to hear appeals for the city. The administrative hearing officer shall be an independent contractor.

B. Qualifications: The administrative hearing officer should be a person with common sense, analytical abilities, ability to make decisions based on the law as it relates to the facts, ability to write decisions, conduct research, read briefs, make evidentiary rulings, and be trained or experienced in law, mediation or the topic being appealed.

C. Authority: The administrative hearing officer has the authority to hear and decide appeals which allege an error in any administrative decision made in the administration of the city code if the decision is a final written decision and no other administrative remedies are available. This includes administrative decisions made by the city council, the planning commission, and city employees. The administrative hearing officer has authority to hear appeals from:

1. A request for a variance from any land use decision;

2. Determinations regarding nonconforming uses and noncomplying structures;

3. Determinations of violations of the storm water ordinances and any civil fines or costs imposed;

4. Administrative actions taken pursuant to the animal services ordinances;

5. Administrative actions taken pursuant to the health codes;

6. Administrative actions taken pursuant to nuisance codes;

7. Administrative actions taken pursuant to business license codes;

8. Administrative actions taken pursuant to personnel codes and policies; and

9. Other code sections as determined by the city.

D. Conflict Of Interest: An administrative hearing officer shall not participate in any appeal where the administrative hearing officer has a conflict of interest. (Ord. 2019-08-010 § 2, 8-8-2019; amd. Ord. 2021-03-007 § 2, 3-4-2021)