Beverly Hills Municipal Code Art. 1 Appeal of Administrative Decisions to Council

A. Where a right of appeal to council exists under this code, and a procedure is not otherwise specifically set forth in this code, an appeal may be taken to the council, in accordance with the procedures set forth in this article, from any act, ruling, or determination of any commission, board, or official or from the denial, suspension, or revocation of any permit or license.

B. No right of appeal to the council from any administrative decision made by an official of the city pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code.

C. No appeal pursuant to the provisions of this article may be taken from any administrative decision made by an official of the city, unless the decision to appeal has been first taken up with the official rendering the decision. (1962 Code § 1-6.101)

A. Any appeal petition shall be filed with the city clerk within fourteen (14) calendar days after the date of the decision. In the event the last day of the filing period falls on a nonbusiness day, the appeal period shall be extended to include the next business day. The timely filing of the appeal petition is jurisdictional. The fee schedule for appeal petitions shall be approved by the council and maintained on file by the director of finance administration.

B. If an appeal petition, filed pursuant to subsection A of this section, is withdrawn at any time prior to the council decision on the appeal petition, then subsequent to such withdrawal, the council may review the decision which was the subject of the withdrawn petition. Such review may be ordered by motion of the council duly adopted within fifteen (15) calendar days after the appeal petition is withdrawn. If the council orders a review of such a decision, the effectiveness of such decision shall be stayed until council review is final. (1962 Code § 1-6.102; amd. Ord. 94-O-2211, eff. 9-2-1994)

Every appeal petition shall contain a statement of the facts upon which the appeal is based in sufficient detail to enable the council to understand the nature of the controversy, the basis of the appeal, and the relief requested. (1962 Code § 1-6.103)

Upon the filing of an appeal petition, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed pending a final decision by the Council. (1962 Code § 1-6.104)

After an appeal petition is filed in accordance with this article, the City Clerk shall place the matter on the Council agenda for Council action. Based on the appeal petition and the written material presented, the Council shall determine whether to refer the matter back to the commission, board, or official rendering the decision pursuant to subsection A of this section or whether to grant a hearing on the appeal pursuant to subsection B of this section. The Council shall not permit oral testimony in its determination under this section.

A. If the Council finds the facts in the appeal petition contain new and material evidence not previously presented to the board, commission, or official, the Council may order that the board, commission, or official rehear the matter. Written notice of the rehearing shall be mailed to the appellant and to such other persons who have appeared and addressed the board, commission, or official at the prior hearing in connection with such matter, and mailing shall be at least twenty (20) days before such rehearing, and such other notice as required by law for the previous hearing shall also be given.

B. Except as provided for in subsection A of this section, the Council shall set the matter for a hearing. At least twenty (20) days prior to the hearing, written notice shall be mailed to the appellant and to other persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the decision being appealed shall also be given. (Ord. 18-O-2752, eff. 5-11-2018; amd. Ord. 24-O-2901, eff. 10-18-2024)

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearing shall be de novo in that an independent reexamination of the matter shall be made. The appellant shall have the burden of proof in all cases, and where it appears that an appellant was served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer evidence, the Council may adopt the determination or approve the act of the board, commission, or official, or it may itself decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial, or unduly repetitious evidence. Unless a demand is made, witnesses will not be sworn. It shall not be a ground for objection that the evidence is hearsay or secondary, however, the Council's decision shall be made upon substantial evidence. (1962 Code § 1-6.106)

Upon the hearing of the appeal, the Council may refer the matter back to the board, commission or official with directions for further consideration, or the Council may reverse, affirm or modify the decision, or make such decision or determination as may appear just and reasonable in light of the evidence presented. (1962 Code § 1-6.107; amd. Ord. 24-O-2901, eff. 10-18-2024)

The Council shall adopt written findings that include the reasons for the Council's decision, including but not limited to, findings of fact required by the Code sections or ordinance upon which the appeal is based. (1962 Code § 1-6.108; amd. Ord. 24-O-2901, eff. 10-18-2024)