2.80.030 Manner of serving of notices.

   Where the provisions of this chapter require the city clerk to serve a notice on a person commencing or otherwise interested in an appeal commenced pursuant to this chapter, such notice shall be deemed served when personally delivered to such person or when deposited in the first class U.S. Mail, addressed to such person at the person's last known address.

(Ord. 2004 §4 (part))

2.80.040 Persons aggrieved by a decision, determination or order of a city board, commission, officer or employee.

   For purposes of this chapter, a person shall be deemed aggrieved by a decision, determination or order made or issued by a city board, commission, officer or employee in the event the decision, determination or order has a significantly greater effect on such person than the public in general.

(Ord. 2004 §4 (part))

2.80.050 Right of appeal - Appeals from a decision or determination of a city board or commission

   Except as otherwise provided by this code, an appeal of the following decisions and determinations of a city board or commission shall be made to the city council in the manner hereinafter provided by this chapter by any person who is aggrieved by the decision, or by the city manager where the city manager determines that such decision may be contrary to the policies of the city council:

   A.   A final decision of the planning commission on a use permit, variance or other entitlement;

   B.   A final decision of the airport commission on a lease, license, permit or other entitlement which authorizes or would authorize the use of public or private property located at the Chico Municipal Airport or within the boundaries of the Chico Municipal Airport Industrial Park, including, but not limited to, a final decision of the airport commission when acting in the capacity of either the planning commission or the architectural review board on a use permit, variance or other entitlement which authorizes or would authorize the development or use of property located at the Chico Municipal Airport or within the boundaries of the Chico Municipal Airport Industrial Park;

   C.   A final decision of the Bidwell Park and Playground commission on a lease, license, permit or other entitlement which authorizes or would authorize the use of property within a city park or playground, and any final decision of the Bidwell Park and Playground commission on a permit which authorizes or would authorize the planting, maintenance or removal of a tree located within a public right-of-way or on other city property;

   D.   A final decision of the architectural review board on plans and specifications submitted in connection with the issuance of a building permit.

   E.   A final decision of the fine arts commission on the award of any commission, agreement or other entitlement for the production or installation of public art.

(Ord. 2004 §4 (part), Ord. 2046)

2.80.060 Right of appeal - Appeals from a decision, determination or order made or issued by a city officer or employee.

   Except as otherwise provided by this code, an appeal of the following decisions, determinations or orders made or issued by a city officer or employee shall be made to the city council in the manner hereinafter provided by this chapter by any person aggrieved by the decision, determination or order:

   A.   A final decision of a city officer or employee on a license, permit or other entitlement which is issued or provided for under the provisions of this code and which grants or would grant a right or authorization to a particular person or group of persons;

   B.   A fee or charge levied by a city officer or employee which is based on or calculated from the city fee schedule adopted by the city council;

   C.   An enforcement determination or order made or issued by a city officer or employee pursuant to the provisions of this code, except for a determination by a city officer or employee to make an arrest, issue a stop work order, administrative citation, or criminal citation or file a criminal complaint;

   D.   Any determination by the community development director that a project is categorically or statutorily exempt from environmental review under the California Environmental Quality Act (CEQA), or a determination by the community development director to prepare a negative declaration or mitigated negative declaration for a project.

(Ord. 2004 §4 (part), Ord. 2189 §, Ord. 2364 §63,Ord. 2439 §24)

2.80.070 Time for commencing an appeal.

   A.   Except as hereinafter provided by this section, all appeals from a decision, determination, or order made or issued by a city board, commission, officer, or employee must be commenced within the following time limits:

      1.   If the appeal is from the final decision of a city board or commission, the appeal must be commenced within 10 days following the date of the meeting at which the decision was made.

      2.   If the appeal is from a decision, determination, or order made or issued by a city officer or employee, the appeal must be commenced within 10 days from the date on which written notice of such decision, determination, or order is personally served on the person who is the subject of the decision, determination, or order, or owner of property which is the subject of the decision, determination, or order, or within 10 days of the date on which written notice of the decision, determination, or order is deposited in the U.S. mail, addressed to such person at the person’s last known address, whichever first occurs.

   B.   Where a provision of this code, or the statutes or regulations of the state, require notice of a particular decision, determination, or order of a city board, commission, officer, or employee be served or otherwise given in a particular manner, and specify the date on which such notice will be deemed to have been served or given, then an appeal from such decision, determination, or order must be commenced within 10 days of the date the decision, determination, or order is deemed served or given by such code provision, statute, or regulation.

   C.   If an appeal from a decision, determination, or order of a city board, commission, officer, or employee not to approve a lease, license, permit, or other entitlement has not been commenced within the time required by subsections A and B above, the council may, nevertheless, extend the time for commencing such appeal for good cause shown.

   D.   Nothing in this section shall be deemed or construed to extend or authorize the extension of any time limit established by state law to commence an appeal of any decision, determination, or order subject to such law.

(Ord. 2004 §4 (part), Ord. 2151 §4, Ord. 2257 §1)

2.80.080 Commencement of appeal by filing a notice of appeal.

   All appeals from a decision, determination or order of a city board, commission, officer or employee which are made pursuant to the provisions of this chapter shall be commenced by filing a notice of appeal in the office of the city clerk. Such notice shall be in the form and contain the following information:

   A.   The name, address and telephone number of the person making the appeal;

   B.   Identification of the board or commission, or name and title of the city officer or employee having made the decision or determination or having issued the order which is the subject of the appeal;

   C.   A description of the decision, determination or order which is the subject of the appeal, and the date such decision, determination or order was made or issued;

   D.   A brief description of all grounds for making the appeal; and

   E.   Such other information as may be required by the city clerk.

(Ord. 2004 §4 (part))

2.80.090 Appeal filing fee.

   At the time of commencing an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the person making the appeal shall deposit with the city clerk an appeal filing fee in an amount established by resolution of the city council, which shall not exceed the average costs to the city for the staff time and other resources necessary to prepare a record of appeal, prepare and serve all notices required in connection with an appeal, and otherwise process an appeal.

(Ord. 2004 §4 (part))

2.80.100 Stay of decision, determination or order following commencement of appeal.

   Where an appeal is commenced to review a decision or determination made by a city board, commission, officer or employee to approve a lease, license, permit or other entitlement, the filing of the notice of appeal shall stay such decision or determination until such time as the city council may affirm the decision or determination, or until such time as the decision or determination is deemed affirmed in the manner hereinafter provided by this chapter. Similarly, where an appeal is commenced to review the determination of a city officer or employee to issue an order, save and except for an order to stop work, vacate a dangerous building or structure, or abate a hazardous condition, such order shall be stayed until such time as the city council may affirm the order or the order is deemed affirmed in the manner hereinafter provided by this chapter. However, upon application therefor, the city council or the city manager may lift the stay of such decision, determination or order for good cause shown.

(Ord. 2004 §4 (part))

2.80.110 Action by city clerk on the notice of appeal.

   Upon the commencement of an appeal, the city clerk shall promptly provide a copy of the notice of appeal to the city officer or employee, or the secretary of the city board or commission having made the decision or determination which is the subject of the appeal.

(Ord. 2004 §4 (part), Ord. 2373 §1)