Except as provided in Article VI of Chapter
2.20, or any other appeals process which has been adopted and not repealed by the city, an appeal from the decision of a board, commission, agency, department or other city body shall conform to the provisions of this chapter.
(Ord. 04-14 § 2)
Unless otherwise required by statute or ordinance, an appeal
from an action of a board, commission, agency, department or other
city body must be appealed within fifteen days of the date of the
notice of the decision to the appellant. The filing fee for appeals
will be set by resolution of the city council.
(Ord. 04-14 § 2)
Within seven days of the time the application for appeal if
filed with the city clerk, the clerk shall inform the applicant if
the application is not timely or is insufficient. If it is timely
but not sufficient, the applicant shall have five days from the date
of the city clerk's notice to refile a sufficient application or shall
have waived the right to appeal.
(Ord. 04-14 § 2)
Any appellant or applicant may submit written material or comments
on any appeal. Written comments are not required to be read into the
record. Persons who wish to submit written comments, testimony or
evidence on any agenda item must provide such written material to
the city clerk at least ten days prior to the hearing. Material received
by the deadline shall be included in the administrative record. Staff
may provide responses to the written material.
Written evidence or testimony submitted after the noticed deadline
will only be accepted in the record with the approval of the city
body or officer hearing the appeal. If evidence is accepted into the
record after the noticed deadline, the city body or officer hearing
the appeal may continue the hearing but is not obligated to do so.
(Ord. 04-14 § 2)
The city body or officer hearing the appeal shall make written
findings of fact to support its decision if a request for such findings
is submitted in writing to the city clerk prior to the commencement
of the hearing. The decision of the city body or officer hearing the
appeal may be rendered at the conclusion of the hearing, or the hearing
officer may take the matter under submission. In either circumstance
the decision shall be provided in writing to the parties, and shall
be the final decision of the city.
(Ord. 04-14 § 2)
Code of Civil Procedure Section 1094.6 shall govern judicial
review of all final decisions of the city, whether pursuant to this
chapter or otherwise. At the time of making the final decision, the
city body or officer making the decision shall notify the claimant
that the time for seeking judicial review of the decision is governed
by
Code of Civil Procedure Section 1094.6.
(Ord. 04-14 § 2)