A.
Except
when an appeals procedure is otherwise specifically set forth in this
code, any person objecting to the denial, conditional approval, suspension
or revocation of a permit, license or other approval applied for or
held by him pursuant to any provision of this code, or to any administrative
decision made by any official of the city, if the denial, conditional
approval, suspension or revocation of such permit, license or approval,
or the determination of such administrative decision involves the
exercise of administrative discretion or personal judgment exercised
pursuant to any provision of this code, may appeal in writing to the
council by filing with the city clerk a written notice of such appeal.
B.
No appeal
may be taken to any such administrative decision made by an official
of the city pursuant to any provision of this code unless such decision
has first been taken up with the department head concerned and with
the city manager, and each such official has not adjusted the matter
to the appellant's satisfaction.
C.
No right
of appeal to the council from any administrative decision made by
an official of the city pursuant to any provision of this code shall
exist when such decision is ministerial and thus does not involve
the exercise of administrative discretion or personal judgment, whether
the administrative decision involves the denial, conditional approval,
suspension or revocation of a permit, license, approval or any other
administrative decision. There shall be no such right of appeal with
regard to law enforcement activities involving state law.
(Ord. 90-02 §1 (2.04.100))
A.
No notice
of appeal shall be acted upon unless filed within ten days after service
of written notice of the determination appealed from, provided that
if such notice of determination has not been served in writing the
appellant may, within ten days after being apprised of such determination,
demand service of written notice thereof, and shall have ten days
following such service in which to file the notice of appeal.
B.
The
notice of appeal shall set forth (1) the specific action appealed
from, (2) the specific grounds of the appeal and (3) the relief or
action sought from the city council. In the event any notice of appeal
fails to set forth any information required by this section, the city
clerk shall return the same to the appellant with a statement of the
respects in which it is deficient, and the appellant shall thereafter
be allowed five days in which to perfect and refile the notice of
appeal.
C.
Except
in those instances where an appeal is filed by the city manager or
other public official pursuant to official duties, the written notice
of appeal from the determination of an administrative official or
from an administrative body of the city, as the case may be, shall
be accompanied by such fee as may be established by resolution of
the city council
(Ord. 90-02 §1 (2.04.110))
Upon the timely filing of an notice of appeal in proper form,
the city clerk shall schedule the matter promptly upon the city council
agenda at a subsequent regular meeting and shall cause notice thereof
to be given to the appellant not less than five days prior to such
hearing, unless such notice is waived in writing by the appellant.
The city clerk shall also cause a copy of the notice of appeal to
be transmitted to the official or body whose decision has been appealed
from.
(Ord. 90-02 §1 (2.04.120))
A.
The
city council may limit participation at the hearing to those parties
directly interested, or may allow participation by the public. Such
public participation, however, shall only occur when the council deems
the same necessary to further the public interest. If a hearing is
ordered open to public participation, notice thereof shall be given
by publishing notice of the same in a newspaper of general circulation
in the city not less than five days prior to the date of such hearing,
and by such other means as the city council deems necessary.
B.
At the
same time of consideration of the appeal by the city council the appellant
shall be limited to a presentation on the specific grounds of appeal
and matters set forth in his or her notice of appeal and shall have
the burden of establishing cause why the decision appealed from should
be altered, reversed or modified. The council may continue the matter
from time to time; and at the conclusion of its consideration may
affirm, reverse or modify the decision appealed from and may take
any action which might have been legally taken in the first instance
by the official or body from whose action the appeal has been taken.
In ruling on the appeal the finding and action of the council shall
be final and conclusive in the matter.
(Ord. 90-02 § 1 (2.04.130))
The provisions of Section 1094.6 of the California Code of Civil Procedure are adopted by the city council, and said provisions are made applicable in the city as further specified in Section 2.36.060.
(Ord. 90-02 § 1 (2.50.010))
The provisions of this section and Section 2.36.050 shall be applicable to "decisions," as defined by Section 1094.6 of the California Code of Civil Procedure, that are final on and after January 1, 1990.
(Ord. 90-02 § 1 (2.50.020))
