Chapter 2.28
ADMINISTRATIVE APPEALS

Sections:

   2.28.010   Appeals to council.

   2.28.020   Notice of appeal--Time limit--Contents.

   2.28.030   Appeals--Hearings--Notices.

   2.28.040   Appeals--Hearings.

   2.28.050   Administrative decisions--Judicial review--Time limits.

   2.28.060   Decisions affected.

2.28.010 Appeals to council.

   A.   Except when an appeals procedure is otherwise specifically set forth in this code, any person excepting to the granting, denial, suspension, or revocation of a permit applied for or held pursuant to any of the provisions of this code or other city ordinance, or to any administrative decision made by any official of the city, if the granting, denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgement exercised pursuant to any of the provisions of this code or other city ordinance, may appeal in writing to the council by filing with the city clerk a written notice of such appeal.

   B.   No appeal may be taken to any such administrative decision made by an official of the city pursuant to any of the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned and with the city manager, and each such official has not adjusted the matter to the appellant's satisfaction.

   C.   No right of appeal to the council from any administrative decision made by an official of the city pursuant to any of the provisions of this code or other city ordinance shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgement exercised pursuant to any of the provisions of this code or other city ordinance, whether the administrative decision involves the granting, denial, suspension, or revocation of a permit or any other administrative decision. Also, there shall be no such right of appeal with regard to law enforcement activities involving state law.

(Ord. 3 § 1 (part), 1991: prior code § 2.04.100)

2.28.020 Notice of appeal--Time limit--Contents.

   A.   Any notice of appeal to the city council must be filed within fifteen (15) days of the date of service of notice of the decision or action pursuant to Section 1.24.010 of this code, or within fifteen (15) days of the decision or action if no notice of the decision or action is required to be given.

   B.   The notice of appeal shall set forth (1) the specific action appealed from; (2) the specific grounds of the appeal and (3) the relief or action sought from the city council. In the event any notice of appeal fails to set forth any information required by this section, the city clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal.

   C.   Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by a fee of fifty dollars ($50.00) or such other fee as may be required by other enactment of the city council.

(Ord. 3 § 1 (part), 1991: prior code § 2.04.110)

2.28.030 Appeals--Hearings--Notices.

   Upon the timely filing of a notice of appeal in proper form, the city clerk shall schedule the matter promptly upon the city council agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose action has been appealed from.

(Ord. 3 § 1 (part), 1991: prior code § 2.04.120)

2.28.040 Appeals--Hearings.

   A.   The city council at the hearing may limit participation in the hearing to the directly interested parties, or may allow participation by the public. Such public participation, however, shall only be appropriate when the council deems the same necessary in the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the same in a newspaper of general circulation in the city not less than five days prior to the date of such hearing, and by such other means as the city council deems necessary.

   B.   At the time of consideration of the appeal by the city council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his or her notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the findings and action of the council shall be final and conclusive in the matter. (Ord. 3 § 1 (part), 1991: prior code § 2.04.130)

2.28.050 Administrative decisions--Judicial review--Time limits.

   The provisions of Section 1094.6 of the Code of Civil Procedure of the state are adopted by the city council, and the provisions are made applicable in the city as further specified in Section 2.28.060 of this chapter.

(Ord. 3 § 1 (part), 1991: prior code § 2.50.010)