Banning Municipal Code Ch. 2.64 Administrative Appeals

A. Any party to a decision of any department of the city who desires to appeal such decision, and for which there are no other provisions providing such right of appeal, may make an appeal under the following provisions:

1. An appeal therefrom may be made to the city manager provided that, within twenty days of the date on which the decision is made, the party so affected files with the city clerk a written appeal, describing the particular decision made and setting forth the specific action requested by the appellant, together with payment of the required fee, the amount of which shall be established from time to time by resolution of the city council.

2. The city manager shall thereafter review the matter, may hold additional hearings and/or conduct such investigation as may to him or her seem necessary.

3. The decision of the city manager shall be provided to the appellant within thirty days following date of filing of the appeal. The decision of the city manager shall be final, except as provided in subsection B of this section.

B. Any party desiring to appeal a decision of the city manager of the city made under this section may appeal such decision to the city council.

1. The person shall have twenty days following the date on which the decision of the city manager is mailed, or the person otherwise receives notice of the decision, within which to file such appeal.

2. The appeal shall be filed with the city clerk. The appeal shall be in writing. The appeal shall describe the particular decision made and it shall set forth with particularity the specific action requested by the appellant. At the time of filing the appeal the appellant shall make payment of the required fee, the amount of which shall be established from time to time by resolution of the city council.

3. The city clerk shall schedule the appeal for determination by the city council at a meeting to be held within thirty days of date of receipt of the appeal. The appellant shall be allowed the opportunity to submit further matter, in writing, for presentation to the city council in support of his or her appeal. Any such additional information shall be provided to the city clerk at least seven days prior to date of the review. Comments from interested third parties shall also be required to be submitted in writing at least seven days prior to date set for the hearing.

4. At the time of its review of the appeal, the city council may either decline further review or shall proceed on the record in the matter. The city council may ask questions of the appellant and of the city manager. Any statements from other interested parties shall have been previously submitted to the city council in writing.

5. The city council may either deny the appeal or return the matter to the city manager for action consistent with its determination. The determination shall be on a motion by a majority of the city council present and voting.

(Code 1965, § 1-27.)

The city council has adopted California Code of Civil Procedure Section 1094.6 which defines the time period in which judicial review may be requested for certain final administrative decisions and orders under California Code of Civil Procedure Section 1094.5. Pursuant to California Code of Civil Procedure Section 1094.6(f) the city clerk shall provide notice to any party to a final decision indicating that the time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6.

(Code 1965, § 1-27.1.)