Buena Park Municipal Code Art. V Appeals

A. Who May Appeal. Any interested person may appeal the director's issuance, denial of issuance, renewal, denial of renewal, suspension or revocation of an adult entertainment business permit or adult entertainer permit to the hearing officer in accordance with the provisions of this section.

B. Appeal Period. A written appeal petition, and a nonrefundable appeal fee in an amount set by resolution of the city council, must be filed with the city clerk within ten calendar days after the decision of the director; provided, however, that if the ten days expires on a date that City Hall is not open for business, then the appeal period shall be extended to the next city business day. Failure to file a timely appeal petition, together with the nonrefundable appeal fee, deprives the hearing officer of jurisdiction to hear the appeal.

C. Form of Appeal Petition. The appeal petition must indicate in what way the appellant contends the director's decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the director's decision.

(Ord. 1362 § 3, 1997)

The effectiveness of any decision of the director to suspend or revoke an adult entertainment business permit or adult entertainer business permit shall be stayed during: (A) the appeal period set forth in this article; and (B) the pendency of any appeal.

(Ord. 1362 § 3, 1997)

The hearing officer shall consider a timely-filed appeal no later than thirty city business days following the submission of the appeal, unless the appellant consents in writing to an extension. At least ten calendar days prior to such hearing, written notice thereof shall be mailed to the appellant by United States Mail with a proof of service attached.

(Ord. 1362 § 3, 1997)

Hearings shall be conducted in accordance with procedures established by the hearing officer. All parties involved shall have a right to: (A) offer testimonial, documentary and tangible evidence bearing on the issues; (B) be represented by counsel; and (C) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(Ord. 1362 § 3, 1997)

Unless otherwise specifically provided by law, in any hearing under this article the burden is on the city to prove that the determination of the director that is being appealed is reasonable and not an abuse of discretion.

(Ord. 1362 § 3, 1997)

The hearing officer shall, within ten city business days from the submission of the matter for decision, render a written decision supported by findings. No later than three city business days after the hearing officer's decision, notice of the decision and a copy thereof shall be mailed by first class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.6."

(Ord. 1362 § 3, 1997)

The appellant may seek judicial review of the hearing officer's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.

(Ord. 1362 § 3, 1997)