Except as otherwise specifically provided in this Code, any
person excepting to the denial, suspension, or revocation of a permit
applied for or held by him or her pursuant to any provision of this
Code, or to any administrative decision made by any official of the
City pursuant to any provision of this Code, may appeal in writing
to the Council by filing with the City Clerk a written notice of such
appeal setting forth the specific grounds thereof.
The written notice of appeal shall be filed with the City Clerk
within 14 days after the receipt of written notice of such action
appealed from but in no event later than 30 days after the date of
such action.
The City Clerk shall forthwith set such matter for a hearing
before the Council at a subsequent regular meeting and shall cause
a notice thereof to be given to the applicant not less than five days
prior to such hearing, unless such notice is waived in writing by
the applicant. At such hearing the appellant shall show cause on the
grounds specified in the notice of appeal why the action excepted
to should not be approved. The Council may continue the hearing from
time to time, and its findings on the appeal shall be final and conclusive
in the matter.
The judicial review of any decision of the City, or of any commission,
board, officer, or agent thereof, shall be subject to the provisions
of Section 1094.6 of the
Code of Civil Procedure of the State.
(Part 1, Ord. 548, eff. September 8, 1977)
(a) For
purposes of this chapter or any other provision of this Code which
provides for appeal of any denial, suspension or revocation of a permit
or any administrative decision made by an official, board or commission
of the City pursuant to any provisions of this Code, the term "person"
or "aggrieved person" or "appellant" shall include the City Council,
any officer of the City, or another governmental agency.
(b) In
the event that an appeal is brought by a member of the City Council,
such Councilperson shall be prohibited from voting on or in any way
participating in the Council's deliberations on the appeal. The appellant
Councilperson may, however, testify or otherwise participate as a
member of the general public at the hearing on such appeal.
(c) In
the event that an appeal is brought by the City Council, acting as
a whole, there shall be no requirement at the time the Council hears
such appeal that the Council show cause, on the grounds specified
in the notice of appeal, why the action excepted to should not be
approved. The Council shall, instead, have full power and authority
to sustain, reject or overrule wholly or partly the decision from
which the appeal is taken.
(d) No
fee shall be required for an appeal brought by the City Council, any
official of the City, or another governmental agency.
(§ 1, Ord. 708, eff. April 27, 1995)