Chapter 2.35
ADMINISTRATIVE APPEALS
Sections:
2.35.010 Procedure for filing appeals.
2.35.020 Notice of appeal – Time for filing.
2.35.030 Notice of appeal – Contents.
2.35.040 Notice of appeal – Appeal fee.
2.35.050 Rejection of notice of appeal.
2.35.060 Waiver of appeal fees.
2.35.080 Appealable actions and matters.
2.35.010 Procedure for filing appeals.
Whenever an appeal of a decision, act, ruling, order, rule or directive from any officer, board, commission or council of the city is allowed by a provision of this code, the procedures set forth herein shall apply. To the extent findings on appeal or review standards are required by any chapter of this code, said requirements are incorporated herein by this reference and shall be adhered to in all appeal hearings and rulings.
Exceptions.
The appeal procedures and standards set forth in Chapter 2.30 SLTCC regarding appeals of administrative citations shall be exempted from this chapter and shall be set forth separately in SLTCC 2.30.070. (Ord. 1105 § 1 (Exh. A))
2.35.020 Notice of appeal – Time for filing.
A. Within 15 days after the act or determination appealed from, the person aggrieved shall file with the city clerk a written notice of appeal.
B. If a board, commission, or officer makes a decision as the result of a hearing and announces that decision on a date other than a date specified for the hearing or continued hearing of the matter before the board, commission, or officer, any person who appeared thereat and addressed the board, commission, or officer in connection with such matter may file the notice of appeal not later than 15 days after the actual notice of the decision of the board, commission, or officer, or 15 days after the mailing of the notice by the board, commission, or officer of the determination to such a person in the manner provided in this chapter, whichever first occurs. The board, commission, or officer shall make and file a declaration of the mailing.
C. Timely filing of the notice of appeal shall be a jurisdictional requirement.
D. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of building permits and business licenses. (Ord. 1105 § 1 (Exh. A))
2.35.030 Notice of appeal – Contents.
The notice shall specify the name, mailing address and telephone number, if any, of the appellant and such other information required by law or by ordinance to be provided with the appeal. The appellant shall attach to or incorporate within the notice of appeal a written statement specifying in detail the grounds for the appeal. (Ord. 1105 § 1 (Exh. A))
2.35.040 Notice of appeal – Appeal fee.
The notice of appeal shall be accompanied by a nonrefundable fee established by resolution of the city council. Said fee shall apply to all levels of appeals, including, but not limited to, appeals to the city manager, zoning administrator, building board of appeals, planning commission, and the city council. (Ord. 1105 § 1 (Exh. A))
2.35.050 Rejection of notice of appeal.
The city clerk shall reject for filing any notice of appeal that does not substantially comply with the requirements of SLTCC 2.35.010. Written notice of rejection shall be given to the appellant by the city clerk at the address, if any, specified in the notice of appeal. The notice of rejection shall specify the reason or reasons for the rejection of the appeal, and the appellant shall be afforded the opportunity to correct the defect or defects in said notice within five days following the date of rejection. (Ord. 1105 § 1 (Exh. A))
2.35.060 Waiver of appeal fees.
The city clerk may waive the fee required for filing an appeal as specified in this chapter or in any other applicable city code section if the appellant meets the requirements of this section.
A. The party seeking the fee waiver must be the real, and not nominal, party in interest, and the appellant shall not be granted a waiver if there are any interested parties financially capable of paying the fee. No person shall be granted more than one waiver per six months.
B. Subject to the limitations of subsection (A) of this section, waiver of the fee shall be granted by the city clerk if the applicant declares under penalty of perjury and the city clerk determines that the applicant is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the Welfare and Institutions Code), the Aid to Families with Dependent Children (AFDC) program (42 United States Code 601 through 644), the Food Stamp program (7 United States Code 2011 through 2027) or Section 17000 of the Welfare and Institutions Code or the appellant declares under penalty of perjury that their monthly income is 125 percent or less of the current monthly poverty threshold annually established by the Community Services Administration pursuant to Section 625 of the Economic Opportunity Act of 1964, as amended. The decision of the city clerk on the fees waiver shall be final and conclusive and there shall be no appeal to a city body or official from said decision.
C. An appellant desiring waiver of an appeal fee shall apply for the waiver at the same time as the appeal is filed. Said appellant shall furnish within two working days the information requested by the city clerk to substantiate the waiver request. If the information requested is not furnished within said two working days, the city clerk may deny the fee waiver request. After an appellant requests waiver of the appeal fee, the applicable dates or time periods for hearing the appeal shall be tolled until the city clerk decides the fee waiver request.
D. Any person who willfully provides the city clerk with false statements of material facts is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than $1,000 or by imprisonment of a period of not more than six months, or by both such fine and imprisonment. (Ord. 1105 § 1 (Exh. A))
2.35.070 Appeal hearings.
The hearing officer, board, commission or council of the city shall, upon timely receipt of a notice of appeal that complies with this chapter, schedule a hearing on the appeal. The hearing officer, board, commission or council shall either (1) make findings of fact at the appeal hearing, which findings of fact are based upon the evidence submitted and determine whether grounds exist for denial of the appeal; or (2) make findings of fact after the appeal hearing and in writing, notifying the appellant of the hearing officer, board, commission, or council’s decision.
Table 2.35.070 sets forth the various appealable actions and matters as well as the officer, board, commission or council charged with the responsibility of hearing each appealable action and matter. Intermediary appeals shall be first made to the intermediary appeal officer or board. Appeals of decisions made by the intermediary appeal officer or board may be made to the final appeal officer or board. The decision of the final appeal officer or board shall be final and may not be appealed.
|
Permit or Action Type |
Reference Section |
Intermediary Appeal Officer or Board |
Final Appeal Officer or Board |
|---|---|---|---|
|
Tax Determinations |
Tax Collector |
City Council |
|
|
Emergency Communication System Access Fee |
Finance Director |
City Manager |
|
|
Business and Professions Tax and License |
None |
City Council |
|
|
Business Classification |
Tax Collector |
City Council |
|
|
Revocation of Business Permit by the Chief of Police for Violation of California Health and Safety Section 11364.5 |
None |
City Manager |
|
|
Transient Lodging Tax Redetermination |
Finance Director |
City Manager |
|
|
Transient Lodging: Occupancy and Permits |
Planning Commission |
City Council |
|
|
Vacation Home Rental Permit |
Planning Commission |
City Council |
|
|
Animal Control Fees |
None |
City Council |
|
|
Massage |
None |
City Council |
|
|
Bingo Permit |
None |
City Council |
|
|
Mobile Vending Permit |
None |
City Council |
|
|
Alcohol Use Permit |
None |
City Council |
|
|
Escort Permit Grant, Denial, Suspension or Revocation |
City Manager |
City Council |
|
|
Private Patrol Permit |
None |
City Council |
|
|
False Alarm Permit |
None |
City Manager |
|
|
Refuse and Garbage |
None |
City Council |
|
|
Taxicab Suspension or Revocation of Permit |
None |
City Council |
|
|
Land Use Development Standards |
6.85.030(A)(2)(p) |
Zoning Administrator or Planning Commission |
City Council |
|
Housing: Unit Determination |
None |
City Council |
|
|
Multi-Family Dwelling Inspection and Maintenance Program |
None |
Building Board of Appeals |
|
|
Plan Line Setback: Building Permit |
None |
Planning Commission |
|
|
Signs |
Planning Commission |
City Council |
|
|
Trees |
None |
City Council |
|
|
Condominium Conversion |
Planning Commission |
City Council |
|
|
Use Permit and Variances |
Planning Commission |
City Council |
|
|
Temporary Activity and Temporary Use Permit |
Planning Commission |
City Council |
|
|
Marijuana |
None |
City Council |
|
|
Floodplain Management |
None |
City Council |
|
|
Mobile Vending Location |
Planning Commission |
City Council |
|
|
Urban Runoff and Storm Water Quality Violations |
Public Works Director |
City Council |
|
|
Grading, Erosion, and Sediment Control Decisions |
None |
Public Works Director |
(Ord. 1105 § 1 (Exh. A); Ord. 1127 § 5)
2.35.080 Appealable actions and matters.
Appealable actions and matters, and appeal authority are summarized in Table 2.35.070. (Ord. 1105 § 1 (Exh. A))