Chapter 2.08
CITY COUNCIL STANDARD APPEAL PROCESS
Sections:
2.08.050 Time of hearing—Notice.
2.08.060 Answer and cross-appeal.
2.08.070 Designation of parties.
2.08.090 Dismissal for non-prosecution.
2.08.100 Time for decision—Effective when.
2.08.110 Reconsideration or recision.
2.08.010 Exclusive procedure.
All appeals to the city council otherwise allowed by the San Jacinto Municipal Code or other ordinance shall be prosecuted in accordance with this chapter. (Ord. 1054 (part), 1998: prior code § 2.05.010)
2.08.020 Definitions.
For the purposes of this chapter:
“Administrative agency” means an organ of the city government other than the city council which affects the rights of private parties through adjudication or rulemaking.
“Administrative officer” means an officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the city manager, chief of police, and director of community development.
“Aggrieved person” means:
1. Any applicant who has been denied a permit or license or who has been granted a permit or license subject to conditions by any administrative officer or agency of the city, where such denial or grant is otherwise appealable; or
2. Any person who was entitled to notice of the application by another for a permit or license, whether or not such notice was actually given, and who is dissatisfied that the permit or license was granted with or without conditions, where such grant is otherwise appealable; or
3. Any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.
“Appellant” means an aggrieved person directly affected by an action, who files an appeal.
“Intervenor” means a person aggrieved by the grant of a permit or license to another, or who was entitled by law to notice of the action taken, who seeks to be heard concerning such person’s interest in an appeal.
“Respondent” means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal. (Ord. 1054 (part), 1998: prior code § 2.05.020)
2.08.030 Filing of appeal.
A person aggrieved by an action taken by an administrative officer or administrative agency of the city may appeal the action to the city council, if the action is made appealable by applicable provision of the San Jacinto Municipal Code or other city ordinance, by filing with the city clerk a written notice of appeal which sets forth the appellant’s full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought, and paying to the city clerk such fee as the city council may establish by resolution. (Ord. 1054 (part), 1998: prior code § 2.05.030)
2.08.040 Time of filing.
The notice required by Section 2.08.030 shall be filed no later than ten (10) days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen (15) days following the date of the action which is the subject of the appeal. The city clerk shall furnish a copy of the appeal to the respondent within five days after filing. (Ord. 1054 (part), 1998: prior code § 2.05.040)
2.08.050 Time of hearing—Notice.
A. The city clerk, upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the council. The appeal shall be heard no more than forty-five (45) days following the filing of the notice of appeal unless the parties waive such time limits,
B. Notice of the time and place of the hearing shall be mailed or otherwise delivered by the city clerk to the appellant, respondent and all other persons, if any, to whom notice of the initial application or action was required, not less than ten days prior to the hearing. If publication of the initial application or action being appealed was required, the notice of appeal shall be published in like manner. (Ord. 1054 (part), 1998: prior code § 2.05.050)
2.08.060 Answer and cross-appeal.
Respondent is not required to file an answer to the appeal. If no answer is filed, every material allegation of the appeal is in issue.
After an appeal has been initiated, a cross-appeal may be brought by any person who would otherwise have had standing to appeal the subject action or decision. The cross-appellant shall file a written notice of cross-appeal with the city clerk stating cross-appellant’s full name and mailing address, the specific action appealed from, the grounds for the cross-appeal and the relief sought. Such notice shall be filed no less than five days prior to the hearing except for good cause shown to the satisfaction of the city council. (Ord. 1054 (part), 1998: prior code § 2.05.060)
2.08.070 Designation of parties.
A. A person who is aggrieved by the denial to him or her of a permit or license or the grant to him or her of such permit or license with conditions, or whose personal or property right was the subject of the action appealed from, shall be designated “appellant.”
B. A person who is aggrieved by the grant with or without conditions of a permit or license to another, or who was entitled by law to receive notice of the application for permit or license whether or not such notice was actually given, shall be designated “intervenor.”
C. Unless the appeal names some other respondent, the administrative officer or administrative agency which took the action or made the decision appealed from shall be designated “respondent.” (Ord. 1054 (part), 1998: prior code § 2.05.070)
2.08.080 Hearing by council.
At the time of hearing of the appeal by the city council, the appellant shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. All parties shall have the right to be heard by the council either in person or by counsel. Technical rules of evidence shall not apply in the proceedings under this chapter. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the council. (Ord. 1054 (part), 1998: prior code § 2.05.080)
2.08.090 Dismissal for non-prosecution.
If appellant fails to appear, either in person or by counsel, at the appointed time and place for the hearing, such failure to appear shall constitute sufficient grounds for denial of the appeal. Such denial for non-prosecution shall not affect the right of the cross-appellant, if any, to proceed with a cross-appeal. (Ord. 1054 (part), 1998: prior code § 2.05.090)
2.08.100 Time for decision—Effective when.
A. The city council shall render its decision within fifteen (15) days following the conclusion of the hearing of the appeal. Upon finding good cause to do so, the city council may extend the time for rendering its decision up to ninety (90) days. The council by its decision may reverse, modify or affirm the administrative action taken.
B. No later than five days following the rendering of the council’s decision the city clerk shall mail or otherwise deliver a copy of the decision to each party who appeared during the proceedings, or who requested to be furnished a copy of the decision. Failure of the city clerk to mail or deliver a copy of the decision to each party or to any party shall not affect the finality or effectiveness of the decision. The council’s decision shall be final and effective at the final adjournment of the meeting at which the decision is rendered, except in those cases where the council reconsiders or rescinds a matter under Section 2.08.110 or is authorized to grant a rehearing. In the case of a rehearing, the council’s decision shall be final and effective:
1. When the time to petition for rehearing has expired without the filing of a petition for rehearing; or
2. Upon the denial of a petition for rehearing. (Ord. 1054 (part), 1998: prior code § 2.05.100)
2.08.110 Reconsideration or recision.
Without granting a rehearing, the city council may reopen and reconsider a decision at any time before the decision becomes final or may rescind the action therefrom for good cause. A motion to reconsider may be made only by a member of the council who voted in favor of the decision. A motion to rescind may be made by any member but shall require four votes. (Ord. 1054 (part), 1998: prior code § 2.05.110)
2.08.120 Rehearing.
In those cases where the effect of the decision on appeal is to deny a permit or entitlement, an appellant may apply for a rehearing by filing with the city clerk and serving upon the other parties, within fifteen (15) days of the date when the decision was rendered, a petition therefor. Within thirty (30) days after the filing of such petition, the council shall grant or deny the petition, in whole or in part. Failure to act within the thirty (30) day limit shall constitute denial of the petition. (Ord. 1054 (part), 1998: prior code § 2.05.120)