A. An applicant may contest the denial of an application for any permit, other than a special massage therapy permit or a temporary massage therapy permit, described in this Chapter by filing an appeal to the City Council that conforms to the following requirements:
1. All appeals shall be in writing. and shall contain the following information: (a) name(s) of the person filing the appeal (“appellants”); (b) a brief statement in ordinary and concise language of the relief sought and the reasons why the permit should be issued; and (c) the signatures of all parties named as appellants and their mailing addresses.
2. Any appeal filed that fails to provide all of the information required by this Section shall be deemed incomplete.
3. A complete and proper appeal of the denial of a permit application shall be filed with the City Clerk within ten (10) calendar days of service of the letter denying the application.
4. Any appeal not timely filed shall be rejected.
5. A filing fee as established by City Council resolution or any amendments thereto for an appeal must be paid to the City at or prior to the time of the filing of the appeal.
6. Any appeal of a denial of a permit application filed without payment of the filing fee shall be deemed incomplete.
7. Not later than thirty (30) calendar days from the date the appeal is filed, the City Clerk or his/her designee shall determine whether the appeal is complete.
8. If the appeal is determined to be incomplete, the City Clerk, or his/her designee, shall immediately mail to the appellant a notice of incomplete filing that shall provide a written explanation of each reason why the appeal has been determined to be incomplete.
9. If service of the notice of incomplete filing is completed within ten (10) calendar days from the date the appeal is filed, the ten (10) calendar days time period within which to file a completed appeal shall not be extended.
B. Failure to timely and properly file an appeal shall constitute a waiver of all rights to an appeal hearing.
C. As soon as practicable, after receiving the written appeal, the City Clerk shall schedule a public hearing before the City Council at the next regularly scheduled City Council meeting for which there is sufficient time to have the matter properly noticed.
D. As soon as practicable, after scheduling the appeals hearing, the City Clerk shall prepare a notice of appeals hearing (“hearing notice”) which shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before the City Council at _____ on the _____day of __________, _____, at the hour of ______, to hear your appeal of the City Manager’s denial of your massage permit application. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing.
E. In addition to any other public hearing notice requirements as may be required by any applicable law, the City Clerk, or his/her designee, shall cause a copy of the hearing notice to be provided to the appellant at least ten (10) days prior to the public hearing date either by causing a copy of the notice to be delivered to the appellant personally or by causing a copy of the notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to the appellant at the address shown on the appeal.
F. Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made.
G. The declaration pertaining to the proof of service shall be affixed to a copy of the hearing notice.
H. The City Clerk, or his/her designee, shall cause a copy of the hearing notice to be provided to the City Manager.
I. The City Manager, or his/her designee, shall prepare an appeal hearing packet for the City Council to review prior to the hearing.
J. The appeal hearing packet shall include a copy of the City Manager’s findings and decision on the application for the permit, a staff report, and any other relevant evidence.
K. The City Council shall review all relevant evidence and hear all relevant oral testimony submitted by, for and against the appellant and the appellant shall be provided with a reasonable opportunity to be heard on the matter at the public hearing.
L. The City Council shall consider at the appeal hearing only those matters or issues which were specifically raised by the appellant in his or her written appeal and which are relevant to the issues of the hearing.
M. The City Council has the authority to determine the relevance of any evidence to the hearing.
N. The City Council has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.
O. The City Council shall not have the authority to waive any requirements of the municipal code and/or any applicable statutes, rules, codes or regulations.
P. If the appellant fails to attend the scheduled appeal hearing, the appeal hearing shall proceed without the appellant and the appellant shall be deemed to have waived his or her rights to be orally heard at the hearing.
Q. The City Council may take the following actions:
1. Reject the City Manager’s findings and determinations based upon the conclusion that the City Manager misapplied the provisions of this Chapter and reverse the City Manager’s decision;
2. Modify the City Manager’s findings and determinations to conform with the application of the provisions of this Chapter and reverse or affirm the City Manager’s decision;
3. Accept the City Manager’s findings and determinations on the grounds that the City Manager properly applied the provisions of this Chapter to the appellant and application and affirm the City Manager’s decision; or
4. Remand the matter to the City Manager with instructions to reconsider the application in light of new information presented to the City Council prior to or at the public hearing.
R. The City Council shall prepare and serve a written notice of decision upon the appellant(s) and the City Manager within thirty (30) calendar days from the date the public hearing is deemed closed.
S. The notice of decision shall state whether the City Manager’s decision has been either upheld in full or in part or rescinded in full or in part.
T. The notice of decision shall also contain a brief summary of the evidence considered, findings of fact, and the effective date of the decision.
U. The City Clerk shall cause a copy of the notice of decision to be provided to the appellant(s) by causing a copy of the notice to be delivered to the appellant(s) personally or by causing a copy of the notice to be delivered to the appellant(s) by certified mail, postage prepaid, return receipt requested, and addressed to all the addresses shown on the application.
V. Proof of service of the notice of decision shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made.
W. The declaration regarding the notice of decision shall be affixed to a copy of the notice of decision.
X. The decision of the City Council shall be final.
[Ord. 462, Section 3, 5/9/07.]