(A) Any interested person aggrieved by the decision to grant or deny establishment of a Permit Zone by the Public Works Department may appeal the decision to the City Manager by delivering written notice of the appeal, including a short and concise description for the basis for the appeal to the City Manager’s office within 15 days of the hearing required by § 10.22.040. The City Manager shall conduct a hearing at least three days after providing written notice thereof to the appellant, which hearing shall be held in accordance with § 10.22.040(A) and at which the City Manager shall make findings based on § 10.22.040(B). The City Manager shall uphold the decision denying or granting the establishment of Permit Zones unless there is no substantial evidence to support the decision. The City Manager shall provide a written decision to the appellant within five days of the hearing by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the appeal, the Police Department and the Public Works Department.
(B) Any interested person aggrieved by the City Manager’s decision may appeal to the City Council within the time and manner provided in division (A) of this section. No appeal may be made to the City Manager, City Council or in a court of law to the extent any issues therein were not properly raised before the Public Works Department, City Manager and City Council.
(C) Judicial review of any decision of the City Council shall be had pursuant to Code of Civil Procedure § 1094.5, but only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. The decision of the City Council is final for purposes of Code of Civil Procedure § 1094.6 upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing to the party seeking the writ. Code of Civil Procedure § 1013(a) does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed.
(Ord. 2548 § 1, 2001.)