18.30.050 Appeals to the commission.
An appeal made to the commission of a decision by the manager shall be requested by filing with the clerk, within 10 days of the date of the decision appealed, a written notice of appeal stating with particularity the grounds for the appeal.
A. The commission shall decide at its next regularly scheduled meeting whether to rehear the manager’s decision. The commission shall decline to hear appeals in which the particular grounds for the appeal have not been stated. Any aggrieved person, including the developer, may appear at that meeting and explain to the commission why or why not it should rehear the manager’s decision. If the commission chooses to rehear the decision, it may choose to rehear the entire decision, or any portion thereof.
B. If the commission decides to rehear a decision, or any portion thereof, it shall then immediately do so at that meeting and make its decision.
1. Findings of fact adopted expressly or by necessary implication shall be considered as true if, based upon a review of the whole record, they are supported by substantial evidence. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. If the record as a whole affords a substantial basis of fact from which the fact in issue may be reasonably inferred, the fact is supported by substantial evidence. The burden of proof shall be on the appellant to demonstrate the facts and resolution of the issues on appeal by substantial evidence. The evidence shall be limited to a review of the record, although further argument may be allowed.
2. In all decisions the burden of proof shall be on the party challenging the decision of the manager. The commission may confirm the manager’s decision, reverse the manager’s decision, or change the conditions which the manager placed on approval. The commission shall support its action with written findings.
C. A decision by the manager shall not be stayed pending appeal, but action by the appellee in reliance on the decision shall be at the risk that the decision may be reversed on appeal.
D. The commission’s decision may be appealed to the borough assembly pursuant to HBC 18.30.060. (Ord. 14-02-369 § 4; Ord. 05-02-091; Ord. 04-05-078)