Chapter 2.36
APPEAL, REVIEW AND REHEARING OF DECISIONS
Sections:
2.36.030 Procedure for requesting an appeal.
2.36.050 Time limitation for appeals.
2.36.060 Time limitation for issuance of permits.
2.36.080 Notice of appeal hearing.
2.36.090 Order of application for appeal.
2.36.100 Exhaustion of administrative remedies.
2.36.110 Emergency hearing/decision.
2.36.120 Limitations on judicial review.
2.36.140 Action suspended until decision.
2.36.150 Judicial review of final decisions.
2.36.010 Purpose.
The purpose of this chapter is to provide an orderly and fair method of appeal, rehearing or review of administrative decisions of the City. However, this chapter shall not apply to administrative decisions where other specific procedures for an appeal, rehearing or review already exist. (Ord. 1114 § 1, 2012.)
2.36.020 Definitions.
As used in this chapter, the following terms shall have the meanings set forth hereinbelow:
A. “Affected person(s)” means any member of the public, including the applicant, any City staff member, committee, commission, or board who has an interest in the matter at issue or whose health, safety, welfare or other interest may be affected by the decision.
B. “Appeal” means reconsideration by a higher authority of the specific facts and circumstances of any final decision made by the City, any of its employees, committees, boards or commissions, excluding decisions to issue ministerial permits. “Appeal” includes a review or a rehearing, as defined herein, of a previous administrative decision.
C. “Appellant” means the affected person(s) who filed for rehearing, review or appeal of an administrative decision.
D. “Applicant” means the person who applied for or requested the decision or action which is the subject of the appeal, rehearing or review.
E. “Business day” means any day in which the City’s administrative offices are open for business to the public.
F. “Council” means the Healdsburg City Council.
G. “Decision” means any administrative decision, finding, ruling, order or action.
H. “Permit” means anything referred to elsewhere in this chapter as being a permit, license or form of entitlement.
I. “Planning commission” means the planning commission for the City of Healdsburg.
J. “Rehearing” means reconsideration of a decision by the person or body having made the decision.
K. “Review” means review of the decision of any City employee, committee, board or commission by the City Council in order to consider the legislative and policy factors involved. (Ord. 1114 § 1, 2012.)
2.36.030 Procedure for requesting an appeal.
A. Except for administrative decisions made by the City Council, any affected person may, within the time limits set forth in HMC 2.36.050, file an application for appeal with the secretary or clerk of the official or body who will act on the appeal. Said application shall contain sufficient information to identify the party, their interest in the matter, the reasons for requesting an appeal, and the specific remedy or action the affected person wishes taken. An administrative decision made by the City Council is not subject to appeal, except as otherwise provided in this municipal code or by judicial proceedings in accordance with applicable laws.
B. If an appeal is requested of a body which conducts regularly scheduled meetings, the appeal shall be considered no later than the second regular meeting which follows the request for appeal and which allows sufficient time for the giving of notice as required by HMC 2.36.080, unless such time limits are extended by the mutual consent of the City and affected persons. Appeals involving tentative and parcel maps shall comply with requirements of the Subdivision Map Act, Government Code Section 66410, et seq.
C. If there are specific appeal procedures already established in any other chapter of this municipal code or any other provision of law that are applicable to the subject matter of an appeal and that are inconsistent with this chapter, then those specific procedures shall prevail and be applied for any appeal relating to that specific ordinance. In all other instances, the appeals procedure of this chapter shall apply.
D. If an appeal is requested of a body which does not conduct regularly scheduled meetings, the appeal shall be considered not more than 30 days following receipt of the appeal application; provided, that the time period may be extended by the mutual consent of the City and affected persons. (Ord. 1114 § 1, 2012.)
2.36.040 Evidence.
Each party shall have the right to call and examine witnesses and introduce exhibits. An appeal hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing officer or hearing body has the right to ask questions and the discretion to exclude evidence if its tendency to prove or disprove an issue is substantially outweighed by the likelihood that its admission will not assist in proving or clarifying a material issue or consume an undue amount of time. Evidence offered during a hearing must be credible and relevant in the estimation of the hearing body or hearing officer, but formal rules governing the presentation and consideration of evidence shall not apply. Evidence presented by staff or other official of the City tending to support an administrative decision shall constitute prima facie evidence that the decision was justified. The burden of proof shall then be on the aggrieved party or other affected person challenging the decision to refute such evidence. The standard to be applied for meeting such burden shall be a preponderance of evidence. (Ord. 1114 § 1, 2012.)
2.36.050 Time limitation for appeals.
All applications for appeals shall be filed by the close of regular office hours and within the time limits hereinafter set forth:
A. For all matters relating to the approval, disapproval or extension of tentative and parcel maps, within 10 calendar days of the date of the final decision subject to appeal or as may be subsequently required by the Subdivision Map Act, Government Code Section 66410, et seq.
B. For all other items for which a time period for filing an application for appeal is not otherwise specified, within 10 business days from the date of the final decision subject to appeal. (Ord. 1114 § 1, 2012.)
2.36.060 Time limitation for issuance of permits.
If, as a prerequisite to obtaining a permit, there is a requirement that a discretionary action first be taken by a reviewing official or body, the permit shall not be issued until the expiration of time limits specified in HMC 2.36.050 with respect to the required discretionary action. If an application for an appeal to an official or body other than the City Council regarding the discretionary action is filed within the time limits prescribed in HMC 2.36.050, the permit sought shall not be issued until 15 days following the final decision of the appeal concerning the discretionary action. The permit sought may be issued immediately, if appropriate, following the action of the City Council on an appeal.
Any permit issued in violation of the provisions of this section shall be void. (Ord. 1114 § 1, 2012.)
2.36.070 Fees.
Each application for appeal shall be accompanied by a processing fee in an amount determined by resolution of the City Council. (Ord. 1114 § 1, 2012.)
2.36.080 Notice of appeal hearing.
Notice of a hearing on an appeal shall be given in the same manner, within the same timeframe and to the same persons as notice was given for the hearing in which the original decision was rendered and which is subject to the appeal. If no written notice was given in the prior proceeding, written notice shall be provided at least 10 calendar days prior to the date set for the hearing. The notice of hearing shall be in substantially the following form, but may include other information:
“You are hereby notified that a hearing will be held before [insert the name of the hearing body or hearing officer] at [insert the place of the hearing] on the ______ day of ______________, 20____, at the hour of __________________, regarding _______________________________ _________________________________________________________________. You may be present at the hearing. You have the right to be represented by an attorney at your own expense, or to represent yourself without legal counsel. You may present any relevant evidence, question any witnesses testifying or evidence presented against you, and call witnesses on your behalf.”
Written notice shall be given to the person requesting the appeal and all affected persons. If any City representative submits a written report or other material concerning the subject matter of the hearing to the hearing body or hearing officer for consideration at the hearing, then a copy of the report or other material shall be served on the person requesting the hearing and any affected persons at least five calendar days before the hearing. (Ord. 1114 § 1, 2012.)
2.36.090 Order of application for appeal.
Applications for appeal shall be made in the following order:
A. From a decision of City staff to the department head.
B. From a decision of the department head to the City Manager; except that an appeal from the decision of the planning director relating to land use, zoning or general plan issues or interpretations shall be made to the planning commission.
C. From a decision of the City Manager to the City Council.
D. From a decision of any City committee, board or commission to the City Council. (Ord. 1114 § 1, 2012.)
2.36.100 Exhaustion of administrative remedies.
Unless appealed as herein provided, any decision becomes final for all purposes once the time for filing an application for an appeal has expired. A decision of the City Council on an appeal constitutes the exhaustion of administrative remedies as a condition precedent to filing any court action thereon. (Ord. 1114 § 1, 2012.)
2.36.110 Emergency hearing/decision.
A. A hearing officer or hearing body may issue an emergency decision for temporary, interim relief if a situation exists that involves an immediate danger to the public health, safety or welfare that requires immediate action.
B. Before issuing an emergency decision under this section, the hearing officer or hearing body shall, if practicable, give the person who is the subject of the decision notice and an opportunity to be heard. Such notice may be oral or written, including notice by telephone, facsimile transmission or other electronic means, as the circumstances permit.
C. The hearing officer or hearing body shall issue an emergency decision, including a brief explanation of the factual and legal basis and reasons for the emergency decision, to justify the determination of an immediate danger and the decision to take the specific action. The City shall give notice to the extent practicable to all affected persons. The emergency decision is effective when issued or as provided in the decision.
D. After issuing an emergency decision under this section for temporary, interim relief, a regular hearing shall be conducted to resolve the underlying issues giving rise to the emergency decision. The City shall commence the regular hearing proceeding within 15 business days after issuing an emergency decision under this section. (Ord. 1114 § 1, 2012.)
2.36.120 Limitations on judicial review.
Notwithstanding any provision of this chapter to the contrary, no court action or proceeding to attack, review, set aside, void or nullify any decision, action or procedure of the City of Healdsburg, its City Council, commissions, boards or officers, which has become administratively final, shall be maintained by any aggrieved person unless duly commenced in accordance with HMC 2.36.150. (Ord. 1114 § 1, 2012.)
2.36.130 Majority vote.
When an appeal is before any City committee, board, commission, planning commission or City Council, the administrative decision from which an appeal is taken may be reversed or modified only upon an affirmative vote of a majority of the authorized membership of such City committee, board, commission, planning commission or City Council. A vote of less than a majority of the review body means the original administrative decision is upheld. (Ord. 1114 § 1, 2012.)
2.36.140 Action suspended until decision.
Pending a decision on an appeal under this chapter, all rights emanating from a permit, license or other entitlement which is the subject matter of the appeal shall be suspended. (Ord. 1114 § 1, 2012.)
2.36.150 Judicial review of final decisions.
A. Any affected person who is aggrieved by a decision of a hearing officer or hearing body, and who has exhausted the administrative remedies provided in this municipal code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with California Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be filed within 90 days after the administrative decision becomes final (as determined in California Code of Civil Procedure Section 1094.6). Notwithstanding these time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply.
B. Written notice of the time limitation in which a party may seek judicial review of an administrative order or decision shall be given to all affected persons in the matter by the City in substantially the following form:
“Judicial review of this decision may be sought by following the procedure outlined in California Code of Civil Procedure Section 1094.5. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time is provided by any state or federal law, such shorter time limit shall apply.”
C. This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.
D. All costs of preparing an administrative record that may be recovered by a local agency pursuant to California Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the person petitioning for judicial review prior to delivery of the record to such person. (Ord. 1114 § 1, 2012.)