An applicant is entitled to appeal the chief's decisions to
the city manager provided:
(a)
A request for review must be commenced within ten days from the date
on which written notice of the chief's decision is served on the applicant/licensee.
If request is untimely, the city manager may, nevertheless, extend
the time for commencing such review for good cause shown.
(b)
A request for appeal must be on a form provided by the department
and contain the following information:
(1)
The name, address and telephone number of the person making the request;
(2)
A description of the decision, determination or order which is the
subject of the review, and the date such decision, determination or
order was made or issued;
(3)
A brief description of all grounds for making the request; and
(4)
Such other information as may be required by the department.
(c)
Upon receiving an appeal, the city manager will review the request
and, within ten days of receiving the appeal, provide the appellant
with a written notification that:
(d)
The city manager may, but is not required to, conduct a hearing at
a time, place, and manner determined in the city manager's sole discretion.
Should a hearing occur, the city manager may issue a decision orally
at the conclusion of the hearing, but also notify the applicant and
the chief in writing of the city manager's decision.
(e)
The city manager's decision is a final determination. There is no
right of city council appeal.
(Ord. 2075 § 2, 2010)
Any notification of action, whether oral or written, must describe
with particularity the facts and the reasons for the decision.
(Ord. 2075 § 2, 2010)
(a)
An applicant/licensee may appeal the city manager's decision by filing
an appeal with the Superior Court pursuant to Government Code Section
53069.4, or any successor statute, within twenty days from service
of the city manager's decision.
(b)
Should a licensee file a timely appeal with the Superior Court, any
requirement to pay an administrative fine is suspended and the payment
of the fine, if any, will be in accordance with the Superior Court
decision.
(Ord. 2075 § 2, 2010)
