Chapter 1.25
MISCELLANEOUS PROVISIONS
Sections:
1.25.010 Authority to compile Ord. 90-13 into code form.
1.25.020 Posting or publication.
1.25.050 Prompt administrative and judicial review.
1.25.010 Authority to compile Ord. 90-13 into code form.
Within the first year of incorporation, the city clerk and the city attorney were directed to compile the first four chapters of Ord. 90-13, consisting of Sections 1 through 44, into CMC Title 1, General Provisions, established by this ordinance, and to renumber each of the sections in accordance with a numbering system in which the first number consists of the number of the title, followed by a period and a two-digit number consisting of the number of the chapter within the title, followed by a period and a three-digit number consisting of the section number within the chapter. Thus, Section 1 of Ord. 90-13, the first ordinance adopting the municipal code, was designated as CMC 1.05.010. [Updated during 2008 recodification; Ord. 90-13 § 41; Code 1990 § 1.4.01.]
1.25.020 Posting or publication.
Within 15 days after the passage of the ordinance codified in this chapter, the city clerk shall have it posted in three public places designated by resolution of the city council or published in a newspaper of general circulation printed and published in the county and circulated in the city. [Ord. 90-13 § 42; Code 1990 § 1.4.02.]
1.25.030 Severability.
The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions thereof be declared invalid or unconstitutional. If for any reason any portion of this chapter shall be declared invalid or unconstitutional then all other provisions hereof shall remain valid and enforceable. [Ord. 90-13 § 43; Code 1990 § 1.4.03.]
1.25.040 Urgency.
The ordinance codified in this chapter is an urgency ordinance and is for the immediate preservation of the public peace, health and safety. The facts constituting the urgency are these: the city of Calimesa is newly incorporated and it comprises territory formerly unincorporated. It is necessary that the ordinance codified in this chapter take effect immediately in order to provide a municipal code having a scheme of classification for the grouping of ordinances as they are adopted. The ordinance codified in this chapter takes effect immediately. [Ord. 90-13 § 44; Code 1990 § 1.4.04.]
1.25.050 Prompt administrative and judicial review.
A. Administrative Review.
1. This section applies only when expressly deemed applicable to a particular license or permit by another provision of this code.
2. Any interested person may appeal the issuance, denial of issuance, renewal, denial of renewal or imposition of disciplinary action in connection with the license or permit. The appeal fee and a written appeal must be filed with the city clerk within 10 calendar days after the decision; provided, however, if the appeal period expires on a day that City Hall is not open for business, then the period shall extend to the next city business day. The appeal must indicate in what way(s) the appellant contends the decision was incorrect or must provide extenuating circumstances that the appellant contends would justify reversal or modification of the decision.
3. The effectiveness of any decision to suspend or revoke a license or permit shall be stayed during:
a. The appeal period; and
b. The pendency of any appeal.
4. The city council shall conduct a hearing and take the matter under submission no later than 30 city business days following the timely filing of an appeal unless the appellant, as well as the applicant if different than the appellant, consents in writing to an extension. At least 10 days prior to such hearing, written notice thereof shall be mailed to the appellant and to the applicant if different than the appellant. In addition to posting of the agenda in accordance with the Brown Act, public notice of the hearing shall be provided in the same manner, if any, as was provided in connection with the consideration of the original decision.
5. Appeal hearings shall be de novo hearings and shall be conducted in accordance with procedures established by the city council. All parties involved shall have a right to: (a) offer testimonial, documentary and tangible evidence bearing on the issues; (b) be represented by counsel; and (c) confront and cross-examine witnesses. The city council shall not be bound by formal rules of evidence and may receive, under penalty of perjury, any relevant evidence that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness. Unless otherwise specifically provided by law, the burden is on the city to prove that the determination that is being appealed is reasonable and not an abuse of discretion.
6. The city council may uphold, overturn or modify the decision being appealed. The decision criteria governing the appeal hearing shall be the same as applied for the initial decision. The city council shall, within 45 city business days of the appeal filing date, render its decision by a resolution setting forth its findings. The time period set forth in this subsection shall not be extended except upon written consent of the appellant and of the applicant if different than the appellant. In the event of a tie vote by the city council, the appeal shall be denied and the decision being appealed shall be effective. Notice of the decision and a copy thereof shall be mailed to the appellant and to the applicant if different than the appellant. The decision of the city council shall be final.
7. Appeal fees shall be set by city council resolution and shall not exceed the city’s reasonable administrative costs.
B. Judicial Review. In accordance with Code of Civil Procedure Section 1094.8 or other applicable law, any interested person may seek prompt judicial review of a final city decision regarding the issuance, revocation, suspension or denial of a license, permit or other entitlement for expressive conduct protected by the First Amendment of the United States Constitution. [Ord. 233 § 2, 2005; Code 1990 § 1.4.05.]