1-15-3: APPEAL OF DECISION OF THE ADMINISTRATIVE HEARING OFFICER:
A. Any person adversely affected by a final decision made by the administrative hearing officer may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered unless another section of the city code specifically provides another appeal process for the type of appeal made, or unless Utah State law specifically provides another appeal process for the type of appeal made.
B. The standard of review shall, unless another section of the city code specifically provides another standard of review for the type of appeal made, or unless Utah State law specifically provides another standard of review for the type of appeal made:
1. Be a review of the record of the hearing held by the administrative hearing officer and the decision rendered;
2. Presume that the ordinance is valid and determine only whether:
a. The ordinance is expressly preempted by, or was enacted contrary to, state or federal law; and
b. It is reasonably debatable that the ordinance is consistent with state law; and
3. Presume that the decision is valid; and
a. Uphold the decision unless the decision is:
(1) Arbitrary and capricious; or
(2) Illegal. (Ord. 2019-08-010, 8-8-2019)