A. A penalty imposed pursuant to Sections 15.40.160 through 15.40.200 and Section 15.40.220 may be appealed to the planning commission on the grounds that the property owner was unable to comply with the applicable time limit for reasons beyond the control of the property owner and the owner’s representatives. There shall be no right to appeal until construction is completed. Any person aggrieved by the decision of the planning commission on the appeal may appeal to the Atherton city council. The provisions of Chapter 17.06 of the Atherton Municipal Code shall apply to the appeal process.

B. At the time the appeal is filed or within two weeks thereafter, the appellant shall submit documentary and other evidence sufficient to establish that design decisions, construction drawings and documents, bids and construction contracts, permit applications, and compliance with all required permit conditions were undertaken in a diligent and timely manner. Documentary evidence shall include, but not be limited to, dated design contracts, date-stamped plans, dated construction contracts and material orders, and proof of timely payment of any deposits or fees required pursuant to any of the foregoing items. The documentary and other evidence shall demonstrate that construction delays resulted from circumstances fully out of the applicant’s control and despite diligent and clearly documented efforts to achieve construction completion within the applicable time limit. Penalties shall not be modified or cancelled unless all evidence required by this subsection is submitted at the time of appeal. (Ord. 566 § 2 (part), 2006)