§ 58-10. Application rejection.

(a)

Incomplete application; false information. The director shall reject any application that is incomplete or inaccurate, that contains false material statements or omissions, or that is for a sign which would violate any standard within this chapter within 45 business days of receipt of said application. The director may reject at anytime prior to the expiration of the 45-day period, if the application is incomplete, inaccurate or contains false material statements or omissions, by returning the application to the applicant.

(b)

Processing time; denial. The city shall process all complete and accurate sign permit applications within 30 business days of the department's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The director shall give notice to the applicant of his/her decision by hand delivery, electronic communication (email), or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth business day. If the decision of the director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the city to act within the 30-day period shall be deemed an approval of the permit. If the city later denies the application, the sign must be removed pending appeal. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this article shall be granted. Any application not meeting the standards of this article shall be denied.

No permit shall be revoked except for due cause as hereinafter defined, and the applicant is granted a public hearing before a hearing officer designated by the city. The applicant will be given ten days, written notice of the time, place and purpose of the hearing, with a statement of the reason for the revocation of a permit. The hearing shall be held not less than 60 days after denial or revocation of the permit and the decision of the hearing officer shall be issued within 15 days of the hearing date. If the hearing officer has not issued a decision within 15 days of the hearing date, the sign shall be deemed permitted "due cause" is the violation of the provisions of this chapter, state or federal law, or the submission of an incomplete application or an application containing false material statements.

(c)

Appealable.

(1)

An individual whose permit application has been denied may appeal the denial to the zoning board of appeals. An applicant whose permit has been revoked may appeal the decision of the hearing officer to the zoning board of appeals.

(2)

Under either circumstance, the appellant must file written notice of an appeal with the department within ten business days of the denial or the revocation and pay the appropriate appeal fee as set forth in the schedule of fees and charges established from time to time by the city council.

(3)

Such appeal shall be considered by the board at the next regularly scheduled meeting held after the city's receipt of the written notice of appeal. In no event shall the board's decision be rendered more than 45 days after the filing of the appeal.

(4)

Should the board of appeals uphold the denial or revocation, the board of appeals shall issue a written confirmation of its decision, indicating the reason(s) therefore, to the applicant. If the zoning board of appeals has not heard and decided the appeal within 45 days, the applicant may operate the requested sign as if the appeal was successful.

(5)

Appeal from the decision of the board of appeals is by writ of certiorari to the county superior court and must be filed within 30 days of the date of the board's decision.

(d)

Resubmission. A rejected application later resubmitted in conformity with this chapter shall be deemed to have been submitted on the date of resubmission. An application which is resubmitted shall meet all the standards for an original application.

(Ord. No. 13-2011, § 1(Att. § 10), 6-29-11)