PC 2002-22 - Laserfiche WebLink

Resolution No. PC-2002-22 Page 10 reasonable for the Applicant to meet the Diversion Requirement due to unique circumstances, he or she shall determine the maximum reasonable diversion rate for each material and shall indicate this rate on the Plan submitted by the Applicant. The Compliance Official shall return a copy of the Plan to the Applicant marked "Approved for Exemption" and shall notify the Building Inspection Division that the Plan has been approved. d. Denial of Exemption: If the Compliance Official determines that it is possible for the Applicant to meet the Diversion Requirement, he or she shall so inform the Applicant in writing. The Applicant shall have thirty (30) days to resubmit a Plan form in full compliance with Section 9.21.030. If the Applicant fails to resubmit the Plan, or if the resubmitted Plan does not comply with Section 9.21.030, the Compliance Official shall deny the Plan in accordance with Section 9.21.OSO.b. Section 9.21.080. Appeals. a. Any aggrieved Applicant or person may appeal the determination of the Compliance Officer regarding: (i) the granting or denial of an exemption pursuant to Section 9.21.070; (ii) compliance with the Plan pursuant to Section 9.21.060; and (iii) amount of Performance Security to be released pursuant to Section 9.21.060. b. Any appeal must be filed in writing with the Chief Building Official within fifteen (15) days of the determination by the Compliance Officer. The appeal shall state the alleged error or abuse of discretion. In reviewing the appeal, the Chief Building Official may request additional written or oral information from the Applicant, the Compliance Officer, and/or related third parties (e.g. Facilities which collect C&D debris, recyclable material dealers, etc.). The Chief Building Official shall issue a written determination within fifteen (15) days of the receipt of the appeal. c. The determination by the Chief Building Official may be appealed to the City Manager, or his or her designee (hereafter the City Manager), within fifteen (15) days of the written determination by the Chief Building Official. The appeal shall state the alleged error or abuse of discretion. The City Manager may request additional information or hold anon- evidentiary hearing regarding the appeal, and shall issue a written determination within thirty (30) days of the receipt of the appeal. d. The determination by the City Manager may be appealed to the City Council by filing a written appeal with the City Clerk within fifteen (15) days of the written determination by the City Manager. The City Council shall hold a public heazing regazding the appeal within forty (40) days of the date when the appeal was filed.