Chapter 19.72 COMMERCIAL BUILDINGS--ENERGY CONSERVATION MEASURES
Section 19.72.140 Appeals.
A. Any building owner or buyer who has taken responsibility
for compliance with this
chapter may contest an inspector's decision not to sign the certificate of compliance because one
or more energy conservation measures required by this chapter have not been installed, or the
maximum required expenditure has not been met. The applicant may appeal that determination to
the Energy Commission within ten days after the date of the inspector's decision by filing a
notice of appeal with the secretary of the energy commission. The notice of appeal shall identify
one or more of the following grounds upon which the appeal may be based:
1. That the building is exempt in whole or in part under
the chapter;
2. The energy conservation measure has already been installed
as required;
3. The maximum required expenditure, as defined in Section
19.72.050 of this chapter, has
been met; or
4. That the City has engaged in any act or omission in
violation of this chapter.
B. At the first regular meeting of the Energy Commission
after the filing of the notice of
appeal, the appeal shall be considered by the energy commission. The energy commission may
reserve, affirm or modify, wholly or partly, the decision of the inspector, and its decision shall be
mailed to the applicant within ten days after the date of the meeting at which said decision is
made.
C. The applicant may appeal the Energy Commission's decision
to the City Council as part
of a regularly scheduled Council meeting within thirty days from the date that the Energy
Commission's decision was mailed to the applicant. The City Council may either affirm or
reverse the decision appealed from and the determination of the City Council shall be final with
or without further hearing, but shall be subject to judicial review. (Ord. 6176-NS § 14, 1993)