Except in cases involving the administrative appeals board pursuant to Chapter 2.50 or as otherwise specifically provided by this code or other ordinances, all appeals to the city council otherwise allowed by the code or other ordinances shall be prosecuted in accordance with this chapter.
(Ord. 1226 § 1, 1984; Ord. 1537 § 1, 1996)
For purposes of this chapter:
means:
Any applicant who has been denied a permit or license or who
has been granted a permit or license subject to conditions by any
administrative officer or agency of the city, where such denial or
grant is otherwise appealable; or
Any person who was entitled to notice of the application by
another for a permit or license, whether or not such notice was actually
given, and who is dissatisfied that the permit or license was granted
with or without conditions, where such grant is otherwise appealable;
or
Any person whose personal, pecuniary or property right or interest
is directly and adversely affected, or upon whom a substantial burden
or obligation is imposed by the action or decision appealed from.
means an organ of the city government other than the city
council which affects the rights of private parties through adjudication
or rulemaking.
means an officer of the city who is not a member of the legislative
body or appointed boards or commissions. Such officers include but
are not limited to the city manager, chief of police, director of
transportation and director of community development.
means an aggrieved person directly affected by an action,
who files an appeal.
means a person aggrieved by the grant of a permit or license
to another, or who was entitled by law to notice of the action taken,
who seeks to be heard concerning such person's interest in an appeal.
means the administrative officer or agency which took the
action appealed from, and any other administrative officer or agency
named as respondent in an appeal.
(Ord. 1226 § 1, 1984)
A person aggrieved by an action taken by an administrative officer
or administrative agency of the city may appeal the action to the
city council, if the action is made appealable by applicable provision
of the Palm Springs Municipal Code or other city ordinance, by filing
with the city clerk a written notice of appeal which sets forth the
appellant's full name and mailing address, the specific action appealed
from, the grounds for the appeal and the relief sought; and paying
to the city clerk such fee as the city council may establish by resolution.
(Ord. 1226 § 1, 1984)
The notice required by Section 2.05.030 shall be filed no later than ten days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen days following the date of the action which is the subject of the appeal. The city clerk shall furnish a copy of the appeal to the respondent within five days after filing.
(Ord. 1226 § 1, 1984)
(a)
The
city clerk, upon receipt of the notice of appeal, shall set a time
and place for the hearing of such appeal by the council. The appeal
shall be heard no more than forty-five days following the filing of
the notice of appeal unless the parties waive such time limits.
(b)
Notice
of the time and place of the hearing shall be mailed or otherwise
delivered by the city clerk to the appellant, respondent and all other
persons, if any, to whom notice of the initial application or action
was required, not less than ten days prior to hearing. If publication
of the initial application or action being appealed was required,
the notice of appeal shall be published in like manner.
(Ord. 1226 § 1, 1984; Ord. 1233 § 1, 1985)
Respondent is not required to file an answer to the appeal.
If no answer is filed, every material allegation of the appeal is
in issue.
After an appeal has been initiated, a cross-appeal may be brought
by any person who would otherwise have had standing to appeal the
subject action or decision. The cross-appellant shall file a written
notice of cross-appeal with the city clerk stating cross-appellant's
full name and mailing address, the specific action appealed from,
the grounds for the cross-appeal and the relief sought. Such notice
shall be filed no less than five days prior to hearing except for
good cause shown to the satisfaction of the city council.
(Ord. 1226 § 1, 1984)
(a)
A
person who is aggrieved by the denial to him of a permit or license
or the grant to him of such permit or license with conditions, or
whose personal or property right was the subject of the action appealed
from, shall be designated "appellant."
(b)
A
person who is aggrieved by the grant with or without conditions of
a permit or license to another, or who was entitled by law to receive
notice of the application for permit or license whether or not such
notice was actually given, shall be designated "intervenor."
(c)
Unless
the appeal names some other respondent, the administrative officer
or administrative agency which took the action or made the decision
appealed from shall be designated "respondent."
(Ord. 1226 § 1, 1984)
At the time of hearing of the appeal by the city council, the
appellant shall be limited in his presentation to the specific grounds
for appeal set forth in his notice of appeal and shall have the burden
of establishing cause why the action appealed from should be altered,
reversed or modified. All parties shall have the right to be heard
by the council either in person or by counsel. Technical rules of
evidence shall not apply in proceedings under this chapter. No party
shall have the right to cross-examine any other party or witness except
for good cause shown to the satisfaction of the council.
(Ord. 1226 § 1, 1984)
If appellant fails to appear, either in person or by counsel,
at the appointed time and place for hearing, such failure to appear
shall constitute sufficient grounds for denial of the appeal. Such
denial for nonprosecution shall not affect the right of a cross-appellant,
if any, to proceed with a cross-appeal.
(Ord. 1226 § 1, 1984)
(a)
The
city council shall render its decision within fifteen days following
the conclusion of the hearing of the appeal. Upon finding good cause
to do so, the city council may extend the time for rendering its decision
up to ninety days. The council by its decision may reverse, modify
or affirm the administrative action taken.
(b)
No
later than five days following the rendering of the council's decision
the city clerk shall mail or otherwise deliver a copy of said decision
to each party who appeared during the proceedings, or who requested
to be furnished a copy of the decision. Failure of the city clerk
to mail or deliver a copy of the decision to each party or to any
party shall not affect the finality or effectiveness of the decision.
The council's decision shall be final and effective at the final adjournment
of the meeting at which the decision is rendered, except in those
cases where the council is authorized to grant a rehearing, in which
case the council's decision shall be final and effective:
(Ord. 1226 § 1, 1984)
Without granting a rehearing, the city council may reopen and
reconsider a decision at any time before the decision becomes final.
A motion to reconsider may be made only by a member of the city council
who voted in favor of the decision.
(Ord. 1226 § 1, 1984)
In those cases where the effect of a decision on appeal is to
deny a permit or entitlement, an appellant may apply for a rehearing
by filing with the city clerk and serving upon the other parties,
within fifteen days of the date when the decision was rendered, a
petition therefor. Within thirty days after the filing of such petition,
the council shall grant or deny the petition, in whole or in part.
Failure to act within the thirty day limit shall constitute denial
of the petition.
(Ord. 1226 § 1, 1984)
