§ 98-226. Administrative rules and regulations.

(a)

The administrator shall have the authority to promulgate regulations for the implementation of this article. Prior to the administrator's promulgation of any regulations, the administrator shall provide the city manager and city attorney for their review and approval a plan for receiving public input on such regulations. After such review and approval, the administrator shall submit such public input plan to the council for its approval. The public input plan approved by the council shall be generally applicable to the promulgation of regulations by the administrator.

(b)

All regulations proposed by the administrator shall be reviewed by the city attorney prior to promulgation and shall be consistent with the provisions of this article. Any such regulations, or amendments thereof, shall be filed with the city clerk. The clerk shall cause announcement of said rules or regulations to be published in a newspaper of general circulation within ten calendar days. Such announcements shall provide a reasonable summary of the content of the rule. In addition, the administrator shall make a reasonable effort to identify, notify, and provide copies to any industries which are specifically designated by the administrator as subject to a rule or regulation. However, neither the failure of the administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from that rule or regulation. No regulations promulgated by the administrator or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which notification of the regulations are published.

(c)

Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the city clerk. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the clerk shall schedule the appeal for a public hearing by the council. At the conclusion of the public hearing the council shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The council's determination in this regard shall be final.

(d)

Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the council of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 17, 7-12-2018)