(1) Notice of appeal must be filed with the city planning department, along with the appropriate fee, within 10 calendar days of the date that the decision is reduced to writing and mailed to the parties of record, and if no appeal is taken within that time, then the decision of the hearings officer, planning director or planning commission shall be final and conclusive.

(2) The notice of appeal shall establish the appellant’s party status and raise all appeal issues relied on with sufficient specificity as to afford the planning commission or city council and other parties an adequate opportunity to respond to and resolve each issue. An issue which may be the basis for an appeal shall be raised during the applicable public comment period for the decision. Such issues shall be raised and accompanied by statements or evidence sufficient to afford the planning commission or city council an opportunity to respond to each issue.

(3) Notice of the hearing before the planning commission or city council on appeal shall be provided by mail to all parties who appeared in the proceeding before the hearings officer or planning commission and all property owners referred to in NBCC 18.60.040 at least 20 days before the date of the hearing. The notice shall contain the descriptions of all issues raised by the appellant in the notice of appeal, the other applicable information from the notice provided for in NBCC 18.60.040, and the date, time and location of the hearing, and it shall state that a failure to raise an issue in person or by letter precludes appeal to the city council or land use board of appeals on that issue, and that failure to specify to which criterion the comment is directed precludes appeal based on that criterion.

(4) All documents or evidence relied on by the applicant shall be submitted to the city and made available to the public at the time notice is provided, and any staff report to be used at the hearing shall be available at least seven days prior to the hearing. If additional documents or evidence are provided in support of the application, any party shall be entitled to a continuance of the hearing. Such continuance will not be subject to the limitations of ORS 227.178.

(5) At the commencement of the hearing of appeal before the planning commission or city council, a statement shall be made describing the applicable substantive criteria and stating that testimony and evidence must be directed toward the criteria described, and that failure to address a criterion precludes appeal based on that criterion.

(6) Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Such an extension shall not be subject to the limitations of ORS 227.178.

(7) When a record is reopened to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

(8) The failure of the property owner, or others with party status, to receive notice as provided in this title shall not invalidate such proceedings if the city can demonstrate by affidavit that such notice was given. The notice provisions of this section shall not restrict the giving of notice by other means, including posting, newspaper publication, radio and television.

(9) The decision of the planning commission or the city council is final when it is reduced to writing and mailed to the parties of record. Once a final decision has been reached on appeal by the city council, that issue is precluded from subsequent hearing by the city. (Ord. 2004 § 2, 2016; Ord. 2002 § 2, 2016; Ord. 1952 § 1(4), 2006)