(a) 
Any person aggrieved by the action of any officer or employee of the City suspending, revoking, or denying any permit or license under Article 6 of this Code may appeal to a Hearing Examiner in accordance with Section 6.16.020. For purposes of this Code, revocation shall include a decision to deny an application to renew a license or permit. Any reference in this Code to the License Review Board or License Appeal Board shall be deemed to refer to a Hearing Examiner.
(b) 
There shall be no right of administrative appeal as to the determination of the amount of any tax, assessments, fee, interest, or penalties due, nor shall there be any right to administrative appeal as to any determination concerning business classification or refunds.
(c) 
No injunction, writ of mandate, or other legal or equitable process shall issue in any suit, action, or proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of taxes assessed pursuant to this Article.
(d) 
No person may commence or maintain any proceeding, or assert any legal or equitable claim of any kind, whether affirmatively or by defense, against the City challenging or disputing in any way the imposition, assessment or collection of any tax, interest, or penalty, unless the person first deposits with the City the full amount of any tax, assessment, interest or penalty imposed or assessed or otherwise challenged or claimed to be in dispute. Only after payment of a tax, including interest and any penalties assessed or imposed, claimed to be illegal or otherwise improper, may a person maintain an action to recover the tax and other amounts paid and in dispute, with interest, in such manner as provided by law.
(Prior code § 6070; added by Ord. No. 1523CCS, adopted 5/8/90; amended by Ord. No. 2309CCS, adopted 4/13/10; Ord. No. 2797CCS, eff. 1/1/2025)
(a) 
The City shall not be bound by the mistake of any officer or employee of the City in issuing licenses or permits contrary to the terms of this Code or of the terms of any zoning or other ordinance of the City.
(b) 
Upon a written statement of any officer or employee of the City filed with the City Attorney to the effect that any license or permit has been issued in contravention of this Code or any ordinance of the City, the City Attorney shall fix a date for a Hearing Examiner to determine whether or not the license or permit shall be revoked. The hearing shall be conducted in accordance with Section 6.16.030.
(c) 
If, upon such hearing, the Hearing Examiner finds that such license or permit was issued in contravention of this Code or any ordinance of the City, the Hearing Examiner shall order the license or permit revoked. After the revocation, all activity for which such license or permit was required shall be immediately discontinued.
(Prior code § 6071; added by Ord. No. 1523CCS, adopted 5/8/90; amended by Ord. No. 1851CCS § 10, adopted 5/28/96; Ord. No. 2797CCS, eff. 1/1/2025)
(a) 
Hearing Examiner. The Hearing Examiner shall be the City Manager or designee. The Hearing Examiner shall not have had any prior direct involvement with the matter pending before him or her. If no City staff is capable of conducting the hearing, then the City shall contract with the California Office of Administrative Hearings ("OAH") to conduct the hearing.
(b) 
Standards. The Hearing Examiner may approve, modify or reject the underlying City decision or action, whenever, in the reasonable judgment of the Hearing Examiner, the City's decision or action is in accordance with any applicable law. The Appellant has the burden of proving, based on a preponderance of the evidence, that the City's decision or action is not in compliance with applicable laws.
(c) 
Hearing Request. Any person aggrieved by an action appealable to a Hearing Examiner shall be entitled to a hearing upon filing a written request therefor with the City Clerk. This written request must be filed within ten days of service of notice of the City action being appealed. Service is effectuated on the date that the notice is mailed to the recipient, personally served on the recipient, or emailed to the recipient if the recipient has consented in writing to electronic service.
(d) 
Hearing. The Hearing Examiner shall hold a hearing not later than sixty days following receipt of the request by the City Clerk, unless an extension of the time is granted by the Hearing Examiner, upon a finding of good cause. If the hearing is to be conducted by OAH, it shall be scheduled as soon as practicable, consistent with OAH's calendar availability.
(1) 
The applicant shall be given no less than five days' notice of the time and place of said hearing. The hearing shall be open to the public. Any interested party is entitled to be heard and may be represented by counsel.
(2) 
Any failure to comply with the time limits set forth in this subsection (d) does not deprive the Hearing Examiner of jurisdiction to conduct the hearing or render a binding decision.
(3) 
The Hearing Examiner shall have the power to issue orders to keep order and decorum during an Administrative Hearing. No person shall fail to comply with any such order.
(e) 
Decision of Hearing Examiner. The decision of the Hearing Examiner shall be made promptly after the conclusion of the hearing. Notice of the decision shall be mailed to the applicant at his or her last known mailing address.
(f) 
Stay Pending Hearing. The suspension or revocation of any permit or license for which a request for review has been timely filed under this Section, shall be stayed pending decision of the Hearing Examiner if the business activity is a legal operation. Business operations that are not compliant with applicable local, State, or Federal law are not subject to a stay pending a hearing. Nothing in this subsection shall be construed to require any officer or employee of the City to issue any permit or license.
(g) 
Review of Hearing Examiner's Decision. The stay, if applicable, expires ten days after the Hearing Examiner issues the decision. The Hearing Examiner's decision in all cases is final except for judicial review. Such review must be sought by petition under Code of Civil Procedure Section 1094.5, not later than ninety days after the decision is issued.
(Prior code § 6072; added by Ord. No. 1523CCS, adopted 5/8/90; amended by Ord. No. 1636CCS § 1, adopted 7/28/92; Ord. No. 2365CCS § 9, adopted 7/26/11; Ord. No. 2404CCS § 1, adopted 7/24/12; Ord. No. 2550CCS § 2, adopted 8/8/17; Ord. No. 2607CCS § 1, adopted 4/9/19; Ord. No. 2797CCS, eff. 1/1/2025)