means the formal reconsideration of a decision made by the
City, and includes, but is not limited to, administrative reviews
and requests for reconsideration.
means an individual, business, organization, or other legal
entity.
(Ord. 1673(20) § 1)
Any decision made by the City that may be appealed under this
code shall be in writing, shall give notice of the right to appeal,
and shall clearly state the procedures and timelines for filing an
appeal.
(Ord. 1673(20) § 1)
Any person that files an appeal to any City employee, hearing
officer, commission, or board, including the City Council, under this
code, shall pay an appeal fee in the amount established by the City
Council. For any appeal that is successful, or successful in part,
the City shall reimburse the appeal fee to the appellant.
(Ord. 1673(20) § 1)
Any person wishing to file an appeal under this code must file
a written notice of appeal with the City Clerk, or such other person
as may be explicitly designated by this code. The notice of appeal
shall state the decision or action that is being appealed and all
grounds for the appeal, and shall include all documentation and other
information necessary for evaluating the merits of the appeal. The
appeal may be filed in person, by mail, or by email. The date of filing
shall be the date the notice of appeal is received by the City.
(Ord. 1673(20) § 1)
A.
Unless
a provision of this code explicitly states otherwise, or state law
provides otherwise, a notice of appeal filed under this code shall
be filed no later than 20 business days following the effective date
of the decision that is being appealed. An appeal filed later than
20 business days following the effective date of the decision that
is being appealed shall not be considered.
B.
The
effective date of the decision shall be the first to occur of the
following:
1.
If
the decision was made at a hearing, and the person affected by the
decision was given notice of the hearing (whether or not it was actually
received by such person, and whether or not the person appeared at
the hearing), then the effective date of the decision is the date
of the hearing at which the decision was made.
2.
If
the person affected by the decision was personally served with notice
of the decision, then the effective date of the decision is the date
of personal service.
3.
If
the person affected by the decision was served with the decision by
mail at their last known address, or by email to an email address
provided to the City by the person, then the effective date of the
decision is the date of mailing or emailing.
4.
If
the person affected by the decision was served with the decision by
posting the decision on real property in which the person affected
has a legal interest, then the effective date of the decision is the
date of posting.
5.
If
the person affected by the decision was served with the decision by
publication in a newspaper, then the effective date of the decision
is the final date of publication.
(Ord. 1673(20) § 1)
Unless otherwise provided in this code, the following procedures
shall apply to any appeal for which an appeal hearing is required
by this code:
A.
Upon
the filing of the notice of appeal in proper form and the payment
of any required fee, the City Clerk, or such other person as may be
explicitly designated by this code, shall set a date for the hearing.
The date of the hearing shall be set in accordance with any timeline
explicitly provided in this code or in state law, or else as soon
as reasonably possible.
B.
The
City Clerk, or such other person as may be explicitly designated by
this code, shall cause a written notice of the hearing to be given
to the appellant either in person or by mail to the appellant's
last known address, not less than ten calendar days prior to the hearing,
unless such notice is waived in writing by the appellant, or a different
timeline is explicitly provided in this code or in state law. The
effective date of the notice of hearing is the day notice is personally
delivered to the appellant or a properly addressed notice is placed
in the mail, unless otherwise provided in state law. The notice of
hearing does not need to comply with Government Code Section 65090
or 65091 unless explicitly required by this code or state law.
C.
As necessary,
the department responsible for the decision which is the subject of
the appeal shall prepare a staff report transmitting the appeal to
the hearing officer or hearing body.
D.
Formal
rules of evidence shall not apply to any hearing on an appeal.
(Ord. 1673(20) § 1)
A.
The
hearing officer, hearing body, or other person or body deciding the
appeal shall hear each appeal de novo and may affirm, reverse, or
modify the decision that is subject to the appeal.
B.
A written
notice of the decision on appeal shall be personally served, mailed,
or emailed (to an email address provided by the appellant) to the
appellant not more than ten calendar days after the decision on appeal,
or in accordance with any different timeline explicitly provided in
this code or in state law.
(Ord. 1673(20) § 1)
No person may file an appeal until such person has exhausted
all other available remedies including filing an appeal with any subordinate
City officer, board, commission, or other body. Upon the expiration
of any deadline for filing an appeal, a decision made by the City
shall become final and shall no longer be appealable.
(Ord. 1673(20) § 1)
Notwithstanding any provision of this chapter, appeals filed pursuant to Title 17 of this code shall be governed by the provisions of Title 17.
(Ord. 1673(20) § 1)
Whenever this code incorporates another code by reference, including but not limited to any Part of the California Building Standards Code (codified in Title 24 of the California Code of Regulations), and the incorporated code contains an appeal provision, the appeal procedures established by this Chapter 1.32 shall apply unless the incorporated code expressly provides otherwise.
(Ord. 1673(20) § 1)
