A. Any person aggrieved by the denial of an application for a business license or permit, denial of an application for renewal of a business license or permit, suspension or revocation of a business license or permit, or any other decision of the city with respect to the issuance or refusal to issue a license or permit or the suspension or revocation of such license or permit subject to the appeals provisions of this chapter (“administrative decision”), may appeal the administrative decision by filing an appeal with the office of the city clerk within fifteen (15) calendar days from the date the notice of the administrative decision was mailed to the applicant. If the fifteenth day falls on a Saturday, Sunday or city holiday, the appeal may be filed on the next day city hall is open for business. The appeal document must be received by the office of the city clerk within the applicable time period and not just mailed within such time. This appeal process applies to the denial, suspension or revocation of those permits referenced in sections 5.26 Alcoholic Beverage Sales, 5.18 Massage Business and Massage Therapists and 5.27 Short-Term Vacation Rental. The person who files such an appeal shall be known as the “appellant.” 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.
1. The appeal shall set forth the administrative decision being appealed and the reasons why the decision should be reversed or modified. The city clerk shall promptly forward a copy of the appeal to the city manager and administrative hearing officer.
2. In the event an appeal is timely filed, an administrative decision concerning the denial of business license or permit, or the suspension or revocation of a license or permit shall not be effective until a final decision by the administrative hearing officer has been made pursuant to this section. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s right to an appeal. If no timely appeal is filed, the administrative decision shall become effective upon expiration of the period for filing an appeal. In the event a 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 (5) days in which to perfect and refile the notice of appeal.
3. Upon receipt of a timely appeal, the city clerk shall make arrangements for the selection of an administrative hearing officer to conduct the appeal hearing. The administrative hearing officer shall be a person knowledgeable in municipal affairs, including, but not limited to, attorneys, retired judges, a reputable firm providing mediators and arbitrators, local government officials, or the State Office of Administrative Hearings (or its successor office). Not less than fifteen (15) days prior to the appeal hearing, the city clerk shall notify the city manager and the appellant of the name of the hearing officer who has been selected to hear the appeal. The administrative hearing officer shall be fair and impartial and shall have no bias for or against the city or the appellant.
4. Any documents or evidence to be used by the city and/or the appellant during the appeal hearing must be provided to the administrative hearing officer and the other party for review at least ten (10) days prior to the appeal hearing.
5. At the appeal hearing, the administrative hearing officer shall receive oral and written evidence from the city and the appellant.
a. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely in the conduct of serious affairs.
b. The administrative hearing officer shall have broad authority to control the proceedings and to allow for cross examination of witness in a fair and impartial manner. The administrative hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses in support of their case.
c. The city shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based.
d. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The appellant's failure to appear at a hearing shall constitute a waiver of the right to a hearing and a forfeiture of the hearing fee deposit. An appellant's failure to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative decision. Any administrative fine applicable to the administrative decision, and additional hearing fees, if any, shall be immediately due and payable to the city.
e. The administrative hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. The party requesting the continuance shall pay the costs of the hearing officer, if any, for the cancelled hearing.
i. The administrative hearing officer may uphold, modify or reverse the administrative decision of the city.
ii. Within ten (10) days of the conclusion of the appeal hearing, the administrative hearing officer shall render his or her decision and make written findings supporting the decision. The administrative hearing officer shall send the decision to the city clerk. Upon receipt of the hearing officer’s decision, the city clerk shall notify the city manager, the respective department and the appellant of the decision and provide them with a copy of the hearing officer’s decision, along with a proof of mailing.
iii. The administrative hearing officer’s decision shall be final and conclusive as to the city and the appellant and no further administrative appeal from the hearing officer’s decision shall be available. Any legal action challenging the administrative hearing officer’s decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the hearing officer’s opinion, pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure.
f. Any notices which either party may desire to give to the other party in connection with the appeal under this section must be in writing and may be given either by: (1) personal service; (2) delivery by a reputable document delivery service, such as, but not limited to, federal express, that provides a receipt showing date and time of delivery; or (3) mailing in the United States mail, first class mail, postage prepaid, addressed to the address to the city at city hall or to the appellant at the address set forth in the notice of appeal. Notice shall be effective on the date of personal delivery or the date when the notice was deposited in the mail or reputable document delivery service.
g. If the administrative hearing officer overturns the administrative decision or substantially modifies it in favor of the appellant, the appeal fee shall be refunded to the appellant.
h. The city manager shall have the authority to establish all appropriate administrative regulations for the fair and efficient implementation of this section, conducting hearings and rendering decisions pursuant to this section.
i. Notwithstanding the procedures set forth in this section, the city manager shall have the authority to enter into settlement agreements with an appellant that justice may require and that are consistent with the purposes of this title. (Ord. 579, Exhibit A, 2022)