The provisions of this chapter shall apply to appeal procedure
except as otherwise specifically provided in this code and state law.
This chapter shall neither apply to any determination involving personnel
administration or employer-employee relations, nor create any new
appeal right for which this code or law does not provide.
(Ord. 1102 § 1, 1991)
Except as otherwise specifically provided in this code, any
person shall have a right to appeal any determination on a permit
applied for or held by such person pursuant to any provision of this
code, or to any determination by any board or commission established
by the city council, made pursuant to any authority provided by this
code, to the city council, in order to exhaust administrative remedies,
by filing with the city clerk a written notice of such appeal.
(Ord. 1102 § 1, 1991)
As used in this chapter:
“Appellant”
means the person aggrieved by any determination authorized
to be made by this code, from which the right of appeal lies by reason
of express declaration under the section of the code, authorizing
such determination to be made.
“Determination”
means any denial, suspension or revocation involving a permit
or license by an employee; or any administrative or quasijudicial
decision, order, rule or imposition of regulation made by any board
or commission of the city authorized by this code to take such action.
“Employee”
means any officer, administrator or person employed by the
city who is authorized and empowered by this code to make determinations
regarding denial, suspension or revocation of a permit or license.
“Person”
means individual, firm, partnership, corporation or other
legal entity recognized by law.
(Ord. 1102 § 1, 1991)
An appellant may file an appeal with the city clerk as clerk
of the city council in accordance with the following rules and regulations:
(a) The
appeal shall be filed in writing within fifteen calendar days after
the determination subject to appeal; except, that appeals from a determination
taken pursuant to code sections specifically providing for appeal
shall be filed in writing within the time there specifically provided
after the determination.
(b) The
appeal shall specifically state the determination from which the appeal
is taken, set forth the specific grounds of appeal, and be signed
by the appellant or appellant’s authorized representative.
(c) The
city clerk, upon receipt of the written appeal, shall forthwith notify
the employee or secretary of the board or commission in question,
in writing of the appeal, and the employee or secretary of the board
or commission shall forthwith transmit a report on the determination
to the city council for an appeal hearing.
(d) The
appeal hearing shall be set on an agenda for a regular meeting of
the city council not less than fifteen days nor more than thirty days
after the date of filing such appeal.
(e) The
appeal hearing shall be conducted as an administrative hearing without
the necessity of posting and publishing notice as for a public hearing
unless otherwise required by law or unless specifically directed by
the city council.
(f) The
appellant, at the appeal hearing, may present facts and arguments
in opposition to the determination either in person, or by authorized
representative, or in writing. A written statement in support of the
appeal shall be sufficient for an appearance and presentation by the
appellant and for consideration of the city council.
(g) The
city council shall hear and receive testimony and documentary evidence
as provided in the city council handbook for conducting meetings.
(h) Hearings
on appeal shall be conducted informally and need not be conducted
according to technical rules relating to evidence and witnesses. Any
relevant information shall be considered if it is the sort of information
upon which responsible persons are accustomed to rely in the conduct
of serious affairs.
(i) Hearings
may be conducted as de novo proceedings in which the entire case may
be repeated, but new or different evidence shall not be introduced
which was not in the lower administrative record.
(j) The
hearing of the appeal may be continued within the discretion of the
city council to a time certain but shall be concluded within ninety
days after commencement of the hearing unless time is waived by the
appellant.
(k) The
city council, from the evidence, argument and reports presented upon
such hearing of appeal, may affirm the determination; modify the determination;
or reverse the determination. The findings and ruling of the city
council on such appeal shall be conclusive.
(Ord. 1102 § 1, 1991)
The right to appeal, and the procedures and limitations provided
in this chapter shall be applicable to any other board or commission
to which an appeal may be taken under provisions of this code.
(Ord. 1102 § 1, 1991)
For the purpose of reimbursing the city for costs of appeals
administration, the city council shall, by resolution, from time to
time, fix the amount of fees to be charged for filing and processing
all appeals provided for in this code.
(Ord. 1102 § 1, 1991)
Whenever any determination of a board or commission is appealable,
and whether or not an appeal has been properly filed in the manner
provided, any city councilmember may file with the city clerk, within
fifteen calendar days after the determination by the board or commission,
a request that the matter be referred to the city council for review
of the determination of the board or commission. The city council
may review such action in accordance with the rules and regulations:
(a) Upon
setting the matter for review, the city clerk shall give notice to
the applicant or person affected of the time and place of review,
and the applicant shall be entitled to be present at the time of the
review to present facts and arguments, or to file with the city council
a written statement setting forth facts and arguments.
(b) The
city council from the evidence, argument and reports presented upon
such review, may affirm the determination of the board or commission,
modify the determination, or reverse the determination. The findings
and ruling of the city council on such review shall be conclusive.
(Ord. 1102 § 1, 1991)
The exercise of any right or privilege, and the operation of
any license or permit, the granting or approval of which has been
either appealed from, or requested for review on the city council’s
own motion, shall be stayed pending the decision of the city council
on any such appeal or review hereunder.
(Ord. 1102 § 1, 1991)
When a matter on appeal is to be contested, and a request is
made to the city clerk, in writing, at least five days prior to the
date of the hearing, which request is accompanied by a deposit in
an amount established by the city council by resolution, the clerk
shall arrange for the recording of the hearing by a qualified reporter.
If so requested by the person requesting the record, and upon the
deposit with the clerk of an additional sum equal to the estimated
cost of transcribing the record, the clerk shall cause the record
to be transcribed, and a copy made available to the person making
such request. The full cost of reporting and transcribing such record
shall be paid by the person making such request, and the deposit shall
be applied thereon. Any amount deposited with the city clerk which
exceeds the cost of reporting and/or transcribing shall be returned
to the person making the deposit. Additional copies of such record
may be made available to other persons at cost. This section shall
not preclude the presence of a qualified reporter arranged for by
any other person so long as the presence and identification of the
qualified reporter is made officially known to the city clerk and
the city council.
(Ord. 1102 § 1, 1991)