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(A) Within 15 days after the date of service of a decision of the Town Manager to revoke, suspend, deny renewal of a permit, or deny prescreening review, the permittee or applicant may appeal such action by filing a written appeal with the Town Clerk.
(B) The notice of appeal shall be in writing and signed by the person making the appeal, or his or her legal representative, and shall contain the following:
(1) The name, address, telephone number of the appellant.
(2) A true and correct copy of the notice of the decision issued by the Town Manager from which the appellant is appealing.
(3) A specific statement of the reasons and grounds for making the appeal in sufficient detail to enable the Town Council to understand the nature of the controversy, the basis of the appeal, and the relief requested, not to exceed five pages.
(4) All documents or other evidence pertinent to the appeal that the appellant requests the Town Council to consider at the hearing.
(C) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the Town Council from time to time.
(D) Failure of the Town Clerk to receive a timely and proper appeal, or the requisite fee, constitutes a waiver of the right to appeal the decision of the Town Manager and a failure to exhaust all administrative remedies. In this event, the Town Manager's decision is final and binding.
(E) In the event a notice of appeal is timely filed, the Town Manager's decision is stayed until a final order has been rendered and issued by the Town Council. If a notice of appeal is not timely filed, in the event of a decision of nonrenewal, the permit expires at the conclusion of the term of the permit and in the event of a suspension or revocation, the suspension of revocation is effective upon the expiration of the period for filing a written notice of appeal.
(F) Upon receipt of a timely notice of appeal, the Town Clerk shall set the matter for a hearing before the Town Council. The Town Council shall preside over the hearing on appeal, hear the matter de novo and conduct the hearing pursuant to the procedures set forth by the town. The Town Manager bears the burden of proof to establish the grounds for his or her decision by a preponderance of the evidence. The issuance of the Town Manager's decision constitutes prima facie evidence of grounds for the nonrenewal, suspension, or revocation.
(G) The appeal shall be held within a reasonable time after the filing of the notice of appeal, but in no event later than 90 days from the date of such filing. The town shall notify the appellant in writing of the date, time and location of the hearing at least ten days prior to the date of the hearing.
(H) At the hearing the appellant may present witnesses and evidence relevant to the decision appealed. Appeal hearings are informal, and the formal rules of evidence and discovery applicable in a court of law shall not apply to the hearing. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, immaterial and repetitious evidence may be excluded.
(I) After the conclusion of the appeal hearing, the Town Council shall determine if any grounds exists for the Town Manager's decision.
(1) If the Town Council determines that no facts exist to support the Town Manager's decision, the Town Manager's notice of decision shall be deemed cancelled.
(2) If the Town Council determines that any facts exist to support the Town Manager's notice of decision, the decision shall be upheld.
(3) The Town Council shall issue a written final order. The decision of the Town Council shall be final and shall be served on the appellant. The decision shall contain the following statement: "The decision of the Town Council is final and binding. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure § 1094.6."
(Ord. 835, passed 9-4-2019)