Chapter 1.16
APPEALS
Sections:
1.16.030 Appeals, procedures and limitations.
1.16.040 Review on city council’s own motion.
1.16.050 Stay of license, permit or privilege pending appeal or review.
1.16.060 Record on appeal – Request for transcript.
1.16.010 PURPOSE.
The purpose of this chapter is to provide for appeals to the city council by interested persons from rules, regulations, orders and procedures, when appeals are expressly provided for by the provisions of this code establishing such rules, regulations, orders and procedures. The provisions of this chapter shall not apply to appeals taken pursuant to the provisions of Chapters 23 and 24 of the Santa Cruz Municipal Code, or pursuant to any other section or chapter of this code expressly providing for its own appeals procedure.
(Ord. 84-06 § 1, 1984: prior code § 1400).
1.16.020 DEFINITIONS.
(a) “Appellant” is the person aggrieved by any rule, regulation, order or procedure from which an appeal lies by reason of express declaration of the right of appeal under the section or article of the municipal code imposing such rule, regulation, order or procedure.
(b) “Applicant” is any person who has applied for and obtained a decision or action pursuant to any city rule, regulation, order or procedure.
(c) “Director” is defined as any officer, administrator or employee of the city of Santa Cruz authorized and empowered by the Santa Cruz Municipal Code to impose a regulation or enforce compliance with any rule, regulation, order or procedure provided for by the Santa Cruz Municipal Code, and which is subject to appeal as herein specified.
(Ord. 84-06 § 2, 1984: prior code § 1401).
1.16.030 APPEALS, PROCEDURES AND LIMITATIONS.
Any person affected by any rule, regulation, order or procedure imposed or enforced by the city of Santa Cruz or any of its official boards or commissions or any of its directors, pursuant to provisions of the Municipal Code wherein the right of appeal is expressly granted as relief from such rule, regulation, order or procedure sought to be enforced, may file an appeal with the city clerk as clerk of the city council in accordance with the following rules and regulations:
(a) The appeal must be filed in writing within ten days after the decision or action by the board, commission or director imposing or enforcing such rule, regulation, order or procedure subject to appeal. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following work day.
(b) The appeal shall state in substance that it is made from a decision or action of a board, commission or director of the city enforcing compliance with a rule, regulation, order or procedure pursuant to the Municipal Code, specifying the rule, regulation, order or procedure enforced or acted upon. The appeal must be signed by the appellant or the appellant’s representative, and must set forth the mailing address to which the clerk may direct notice of a hearing.
(c) The city clerk, upon receipt of the written appeal, shall forthwith notify the director or secretary of the board or commission in question, in writing, of said appeal, and the director or secretary of the board or commission shall forthwith transmit to the city clerk for review by the city council, the rule, regulation, order or procedure appealed from, and the written records, including any written findings and determinations of the director, board or commission supporting the decision or action.
(d) The city clerk shall set the appeal for hearing on the agenda for a regular or special meeting of the city council not less than fifteen days nor more than sixty days after the date of filing such appeal, provided that the appeal can be scheduled within this time frame in a manner consistent with agenda preparation procedures and city council meetings schedule. As used in this subsection, the phrase “consistent with agenda preparation procedures” shall entail a requirement that no more than two appeal hearings conducted pursuant to this section and Section 24.04.185 shall be held at any given regularly or specially scheduled city council meeting and shall also entail a requirement to consider time constraints imposed by other items scheduled for city council consideration at that city council meeting. This two hearing limitation may be waived by the mayor when he or she determines that there is sufficient council meeting time and staff resources to conduct more than two appeal hearings at a single city council meeting.
(e) Notice of hearing on the appeal shall be mailed by the city clerk, not less than five days prior to the hearing, to the appellant, and to the applicant if the appellant is not also the applicant.
(f) The city council shall consider the appeal at a hearing. The appellant shall bear the burden of proving the action or decision was wrong. At the hearing the appellant shall present the appellant’s facts and arguments in opposition to the action or decision on said rule, regulation, order or procedure subject to appeal, either by written statement filed with the council, or in person, or through an attorney. An appellant’s written statement in support of an appeal shall be sufficient to warrant consideration of the appeal by the city council.
(g) The order of procedure at the hearing shall be as follows:
(1) The director or secretary of the board or commission shall present an oral staff report concerning the action or decision, if requested by the council;
(2) The appellant shall present such opening statement, evidence and argument as appellant shall deem appropriate;
(3) If the appellant is not the applicant, then the applicant shall present such opening statement, evidence and argument as the applicant shall deem appropriate;
(4) The appellant may submit rebuttal evidence and closing argument;
(5) The council may, in its discretion, consider such other oral or written information as it deems relevant to the matter to be decided, including the record of the director, board or commission supporting the decision or action appealed from.
(h) The city council may sustain the action or decision appealed from, or modify said action or decision in any particulars it may deem necessary for the preservation of the rights of the applicant, appellant and the public, or revoke said decision or action. The findings and decisions of the city council on such appeal shall be conclusive.
(Ord. 2000-01 § 1, 2000: Ord. 91-15 § 1, 1991: Ord. 84-06 § 3, 1984: Ord. 74-28 § 1, 1974: prior code § 1402).
1.16.032 APPEAL FEES.
For the purpose of reimbursement of the city for administration of this chapter, the council shall, by resolution, from time to time, fix the amount of fees to be charged for processing all appeals provided for in this chapter.
(Ord. 82-10 § 1, 1982).
1.16.040 REVIEW ON CITY COUNCIL’S OWN MOTION.
Whenever any order, rule or regulation imposed or enforced by the city through any of its official boards or commissions is appealable as in this chapter provided, and whether or not an appeal has been properly filed in the manner provided in Section 1.16.030, any city council member may, when he or she considers it a matter of sufficient general public interest to warrant special city council consideration, file with the city clerk, within five days after the decision or action by the board or commission imposing or enforcing such order, rule or regulation subject to appeal, a request that the matter be referred to the city council in order that the city council may determine if it should, on its own motion, review the action of the board or commission. The city council may review such action in accordance with the following rules and regulations:
(1) The affected board or commission shall be notified of the request, and shall submit a report to the city council setting forth the reason or reasons for its action, or shall be represented at the meeting of the city council when such request for review is considered.
(2) The city council shall at its next meeting after the filing of such request, consider the request to review the action of the board or commission and may, on the affirmative vote of four of its members, set the matter for review. No public hearing need be held thereon, provided that the city council may hold any hearings it deems necessary.
(3) In the event the city council sets the matter for review, the city clerk shall give notice thereof to the applicant, and the applicant shall be entitled to be present at the time of the review to present facts and arguments, or to file with the city council a written statement setting forth his facts and arguments.
(4) The city council from the evidence, argument and reports presented upon such review, may sustain the order, rule or regulation of the board or commission, modify the order, rule or regulation, or revoke the order, rule or regulation. The findings and ruling of the city council on such reviews shall be conclusive.
(Prior code § 1403).
1.16.050 STAY OF LICENSE, PERMIT OR PRIVILEGE PENDING APPEAL OR REVIEW.
The exercise of any right or privilege, and the operation of any license or permit, the granting or approval of which has been either appealed from, or requested for review on the city council’s own motion, shall be stayed pending the decision of the city council on any such appeal or review hereunder.
(Prior code § 1404).
1.16.060 RECORD ON APPEAL – REQUEST FOR TRANSCRIPT.
When a matter on appeal is to be contested, and a request is made to the city clerk, in writing, at least five days prior to the date of the hearing, which request is accompanied by a deposit in an amount established by the council by resolution, the clerk shall arrange for the recording of the hearing by a qualified reporter. If so requested by the person requesting the record, and upon the deposit with the clerk of an additional sum equal to the estimated cost of transcribing the record, the clerk shall cause the record to be transcribed, and a copy made available to the person making such request. The full cost of reporting and transcribing such record shall be paid by the person making such request, and the deposit shall be applied thereon. Any amount deposited with the city clerk which exceeds the cost of reporting and/or transcribing shall be returned to the person making the deposit. Additional copies of such record may be made available to other persons at cost.
(Ord. 78-28 § 1, 1978).