Chapter 1.20
APPEALS
Sections:
1.20.030 Appeals to the City Council.
1.20.010 Purpose.
This chapter provides provisions for the filing and processing of appeals in general, and procedures for appeals to the City Council. (Ord. 702 § 2, 2014).
1.20.020 General provisions.
A. Application.
1. An appeal application shall be filed in writing, set forth the specific grounds for the appeal, and be signed by the appellant.
2. The appeal application shall be accompanied by a nonrefundable processing fee, as set by resolution of the City Council from time to time.
B. Filing.
1. An appeal to the City Council or City Manager shall be filed with the City Clerk.
2. An appeal to the Planning Commission or Building Standards Advisory and Appeals Board shall be filed with the Planning and Building Director.
C. Deadline.
1. An appeal shall be made within 10 days of the action or decision for which the appeal is made, unless another time is specifically provided by the appeals provisions of the applicable chapter.
2. If the deadline for the prescribed appeal time is on a weekend or a City holiday, the deadline is extended to the next business day of the City.
D. Hearing Notice. Public notice of an appeal hearing shall be given in accordance with the California Government Code and shall include the provision of notice to the appellant. (Ord. 702 § 2, 2014).
1.20.030 Appeals to the City Council.
A. Setting of Appeal Hearing.
1. Upon receipt of an appeal application, the City Clerk shall set the appeal for a public hearing on the agenda of the next available Council meeting, but no sooner than 10 days after the day of filing the appeal application, or later than 90 days after the day of filing the appeal application, unless otherwise provided by the applicable appeal procedure.
2. All appeals from decisions of the Planning Commission shall be considered by the Council within 30 days after the filing of the notice of appeal, unless the appellant consents to a continuance. All other types of appeals shall be considered within any time frame stipulated by the applicable appeal procedure.
B. Council Action.
1. At the appeal hearing, the Council shall consider the grounds for the appeal, as submitted by the appellant. The Council may affirm, overturn or modify the initial decision of the administrative official or decision-making body, or refer the matter back to the official or body with direction for reconsideration.
2. The findings of the Council shall be final and conclusive and shall be served on the appellant in the manner prescribed in this code for service of notice.
C. Amounts Owed. Any amount found to be due to the City shall be immediately due and payable upon the service of notice of the appeal decision of the Council. (Ord. 702 § 2, 2014).