§ 18.06.208. Appeals.

(a)

Appeals of Administrative Decisions.  

(1)

General.  

a.

The mayor, any member of the city council, or any person or entity aggrieved by his/her/its inability to obtain a building permit or by any decision made by an administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of any zoning regulation or any regulation relating to the location or soundness of structures in the administration and enforcement of this Title 18 may appeal such decision to the hearing examiner or Board of Appeals, as applicable, by filing a written appeal with the community development department within ten days after the filing of notice of the final action, decision or order with the clerk or secretary of the City of Reno Planning Commission.

b.

The written notice of appeal must briefly specify the grounds of the appeal on the appropriate form accompanied by the required fees.

c.

Any other aggrieved person may file a subsequent appeal within the time allotted for appeal with payment of fees. Any subsequent appeal will not affect the date on which the hearing examiner or Board of Appeals hears the appeal.

d.

Any appellant may withdraw his/her/its appeal.

e.

If any appeal is withdrawn, the hearing examiner or Board of Appeals shall hear all remaining appeals.

(2)

Administrator's duties regarding appeals. The administrator will place the appeal on the hearing examiner's or Board of Appeals' agenda, as applicable, at its next regularly scheduled meeting, commencing at least 14 days after the last day of the appeal period.

(3)

Hearing examiner or Board of Appeals action regarding administrative appeals.  

a.

The hearing examiner or Board of Appeals shall be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.310 to determine whether the administrator committed an abuse of discretion.

b.

The hearing examiner or Board of Appeals, after a public hearing, shall have the power to affirm, reverse, or modify the administrative decision.

c.

The hearing examiner or Board of Appeals must render a decision within 30 days of the public hearing.

d.

If the administrative decision is predicated upon a notice of violation written pursuant to RMC Chapter 1.05 and the hearing examiner or Board of Appeals finds that a violation has occurred, the hearing examiner or Board of Appeals shall forward the case to the city clerk for further action under Chapter 1.05.

(4)

Appeal of hearing examiner's or Board of Appeals' decision to the city council. The decision of the hearing examiner or Board of Appeals regarding administrative appeals may be appealed to the city council in accordance with subsection (b) below.

(b)

Appeals from the Planning Commission, Board of Appeals and Hearing Examiner to the City Council.  

(1)

General.  

a.

All decisions made by the planning commission, Board of Appeals, or hearing examiner may be appealed by any person or entity aggrieved by the decision, including the mayor or member of the city council by completing an appeal form briefly setting forth the grounds of the appeal available in the city clerk's office and filing it with the city clerk within ten days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the City of Reno Planning Commission accompanied by the required fees.

b.

Any other person or entity aggrieved by a planning commission's, Board of Appeals', or hearing examiner's decision may file a subsequent appeal within the time allotted for appeal with payment of fees. Any subsequent appeal will not affect the date on which the city council will hear the appeal.

c.

Any appellant may withdraw his/her/its appeal.

d.

If any appeal is withdrawn, the city council shall hear all remaining appeals.

(2)

Setting the appeal before the city council. The city clerk shall schedule an appeal from the planning commission, Board of Appeals, or hearing examiner for public hearing before the city council at its next regularly scheduled meeting commencing at least 14 days after the last day of the appeal period following the planning commission, Board of Appeals, or hearing examiner decision.

(3)

Notice of appeal to the city council. The city clerk shall mail a notice of the public hearing to the appellant and all others who were mailed a notice of the public hearing before the planning commission, Board of Appeals, or hearing examiner.

(4)

City council action regarding appeals.  

a.

After public hearing, the city council shall review de novo the decision of the planning commission, Board of Appeals, or hearing examiner and shall be guided by the statement of the purpose underlying the regulation of the improvement of land expressed in NRS 278.020.

b.

The city council shall consider the planning commission's, Board of Appeals' or hearing examiner's decision and their reasons therefore.

c.

The city council shall affirm, modify, or reverse the appealed decision.

d.

The city council must render a decision within 30 days of the public hearing.

e.

If the decision is predicated upon a notice of violation written pursuant to RMC Chapter 1.05, as amended and the city council finds that the violation has occurred, the city council shall forward the case to the city clerk for further action under Chapter 1.05, as amended.

(5)

City clerk's duty. If a case has been forwarded to the city clerk pursuant to this subsection above, as amended, the city clerk shall set a case on the calendar of the hearing examiner.

(6)

Decision of city council is final decision.  

a.

A decision of the city council is a final decision for the purpose of judicial review.

b.

With respect to a violation pursuant to Chapter 1.05, the decision of the city council is a final decision regarding the existence of a violation for the purpose of judicial review.

(c)

Appeal of the City Council's Decision to District Court. Any aggrieved person who has appealed the planning commission's, Board of Appeals', or hearing examiner's decision to the city council and who is aggrieved by the city council's decision may appeal the city council's decision by filing a petition for judicial review with the District Court within 25 days after the date of filing of city council's decision with the city clerk or secretary of the city clerk, as set forth in NRS 278.0235.

(d)

Judicial Review of First Amendment Applications.  

(1)

Judicial review may be sought in accordance with Chapter 34 of the Nevada Revised Statutes.

(2)

Notwithstanding any right to initiate proceedings for judicial review under Chapter 34, the city shall, upon written request for the city to initiate judicial proceedings made by an aggrieved applicant and filed with the city clerk, within five business days of filing of the request, file an action with a court of competent jurisdiction seeking declaratory and/or injunctive relief, including temporary and/or preliminary relief, as to the propriety of the denial to determine the constitutionality of the denial on prior restraint grounds.

(3)

The aggrieved applicant shall make his, its, or her request within 25 days after the date of filing of the final action, order, or decision with the clerk of the governing body.

(4)

For the purposes of subsections (2) and (3), an aggrieved applicant is a person who asserts in his, its, or her written request for the city to initiate judicial proceedings that the constitutionality of the denial of the application is being challenged on prior restraint grounds under the First Amendment of the United States Constitution or Section 9 of Article 1 of the constitution of the State of Nevada.

(5)

For purposes of subsection (2), business days do not include Saturday, Sunday, or those days declared legal holidays pursuant to NRS 236.015.

(Ord. No. 5729, § 4, 9-14-05; Ord. No. 6009, § 1, 3-26-08; Ord. No. 6080, § 1, 1-14-09)