A. Any applicant aggrieved by the decision of the City Clerk with reference to the issuance, conditional issuance, denial, suspension, or revocation of a license, may appeal to the Hearing Officer for the City of San Bernardino. The Hearing Officer shall be appointed by the Mayor to hear all appeals under this section for a fixed term not to exceed two years; after which such Hearing Officer shall be ineligible for reappointment until after one year has passed. Upon the timely filing of an appeal from the denial, suspension or revocation of a license, the decision of the City Clerk is stayed until the appeal is decided by the Hearing Officer.
B. The right to appeal to the Hearing Officer from the denial, suspension or revocation of any license required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Clerk and of his or her right to appeal such action to the Hearing Officer.
C. The hearing shall be held within twenty (20) days of the receipt by the City Clerk of the appeal, or at the next regularly scheduled meeting of the Hearing Officer, whichever is sooner.
D. The Hearing Officer shall render his/her decision within five (5) days from the conclusion of the hearing. Said decision shall be sent by certified mail. The City Clerk or any applicant aggrieved by the decision of the Hearing Officer shall have the right to appeal to the City Planning Commission. Upon the timely filing of an appeal, the decision of the Hearing Officer is stayed until the appeal is decided by the Planning Commission. The right to appeal to the City Planning Commission shall terminate upon the expiration of fifteen (15) days following the deposit of said decision by certified mail and advising the applicant of his or her right to appeal such decision to the City Planning Commission. The appeal hearing before the City Planning Commission shall be held within twenty (20) days of the receipt by the City Clerk of the appeal request. The Planning Commission shall render its decision within fourteen (14) days from the conclusion of the hearing. The decision of the Planning Commission shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil Procedure Section 1094.8, any action to review the decision of the Planning Commission shall be filed and served not later than twenty-one (21) calendar days following the Planning Commission's decision unless the parties jointly waive the time limit.
E. The City shall comply with all of the requirements of Code of Civil Procedure Section 1094.8 and shall take all lawful steps to ensure that any applicant aggrieved by its decision shall be afforded prompt judicial review of said Planning Commission's decision.
(Ord. MC-1129, 8-20-02; Ord. MC-1059, 10-05-99; Ord. MC-1058, 9-21-99)