8-7-4-5: REQUEST FOR RECONSIDERATION BY AFFECTED PERSONS:

   A.   Appeals Of City Council Decisions: For any application required or authorized pursuant to the Local Land Use Planning Act, an affected person may seek judicial review of any final decision of the city council.

      1.   A decision of the city council is not a final decision until it has been rendered in writing.

      2.   Any affected person seeking judicial review shall first seek reconsideration of the final decision within fourteen (14) calendar days. Such written request shall be provided to the city clerk along with any such fee as adopted by resolution of the city council and shall identify specific deficiencies in the decision for which reconsideration is sought and the legal basis for relief.

      3.   In the event no action is taken by the city council within sixty (60) calendar days of receipt of a request for reconsideration the request is deemed denied. If the city council chooses to reconsider the final decision, the city council shall provide the applicant or affected person a written decision on such action. The city council may then reopen the matter and have additional public hearing(s) if it believes additional information is necessary. The notice for public hearing shall comply with section 8-7-8 of this title.

      4.   Notice To Applicant Or Affected Person: Within ten (10) calendar days after the written decision has been rendered, the administrator shall provide the applicant or affected person with a written notice of the action on the request.

      5.   A failure to request reconsideration is a failure of the applicant or affected party to exhaust administrative remedies. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 820, 12-10-2019; Ord. 858, 10-26-2021)