Burbank Municipal Code Art. 15 Denials, Revocations

2-1-1501: APPEAL FROM CERTAIN ADMINISTRATIVE DECISIONS; PERMIT APPEALS PANEL:

Any applicant dissatisfied with any decision of a decision maker may appeal such decision to the Permit Appeals Panel. The Permit Appeals Panel shall consist of the City Manager and two (2) department heads selected by the City Manager. [Added by Ord. No. 3048, eff. 1/6/87; amended by Ord. No. 3328, eff. 2/13/93.]

2-1-1502: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

APPLICANT: Any person who has applied for or has received a license.

CITY ATTORNEY: The City Attorney of the City of Burbank, or their designee.

CITY MANAGER: The City Manager of the City of Burbank, or their designee.

DECISION: Any final determination by a decision maker regarding the issuance, granting, denial, suspension, or revocation of a license.

DECISION MAKER: The official, committee, or board of the City which made a decision regarding an applicant and which affects the applicant’s license.

DEPARTMENT HEAD: The head of a department of the City who does not have any jurisdiction over an applicant or the administration of the license involving an applicant.

LICENSE: Any permit, license, or entitlement issued or approved by the City or a decision maker under this code.

NOTICE OF APPEAL: A standard form document approved by the City Clerk and completed in the manner required by this article. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1503: EXCEPTIONS:

The provisions of this article do not apply to any decision of the Public Works Director relating to news racks pursuant to Title 5, Chapter 3, Article 10 of this code, any decision of the Permit Appeals Panel pursuant to Title 3, Chapter 3, Article 9 of this code, the Planning Commission, the Civil Service Board, the Building and Fire Code Appeals Board, or any decision which may be appealed to one of these boards/commissions, unless otherwise expressly provided for in this code. [Amended by Ord. No. 3,893, eff. 12/16/22; 3558, 3108, 3048.]

2-1-1504: NOTICE OF APPEAL; TIME AND PLACE FOR FILING:

A. Notice of Appeal: Any applicant who has a right of appeal of a decision as provided in this article may file a written Notice of Appeal with the City Clerk. The Notice of Appeal shall be filed, if at all, not later than ten (10) days after the mailing of a notice of decision by the decision maker.

B. Jurisdiction: No appeal shall be considered by the Permit Appeals Panel unless the Notice of Appeal is filed within this ten (10) day period. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1505: CONTENTS OF NOTICE OF APPEAL:

Every Notice of Appeal shall contain a statement of the facts upon which it is based in sufficient detail to enable the Permit Appeals Panel to understand the nature of the controversy and the contentions of the parties concerned. The Notice of Appeal shall also contain a statement of the relief requested. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1506: REPORT AND OFFICIAL RECORD:

Upon receipt of the Notice of Appeal the City Clerk shall make a copy of the notice and forward it to the decision maker from whose decision the appeal has been filed. The decision maker shall promptly transmit to the City Manager a written report on the matter and a copy of all papers constituting any part of the record upon which the decision was based. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1507: SETTING TIME FOR HEARING; NOTICE OF HEARING:

The City Manager shall set the matter for hearing by the Permit Appeals Panel and shall cause a Notice of Hearing to be given to the applicant and the decision maker, to such other persons as may have identified themselves as interested in the decision, and as otherwise required by the California Ralph M. Brown Act (Govt. C. § 54950 et seq.). [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1508: SERVICE OF NOTICE:

Whenever notice is required by this article to be given, or the service of reports, documents, or papers is required or is directed by the Council or the Permit Appeals Panel to be made, the notice or service may be given or made either in person or by addressing it to the applicant or person requesting notice at the last known address and depositing it, postage prepaid, in the United States mail. Service upon the City shall be made upon the City Clerk. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1509: HEARING BY PERMIT APPEALS PANEL:

The hearing shall be conducted as an independent reexamination of the matter. The party seeking the panel’s review shall have the burden of proof in all cases, and if such party is served with a Notice of Hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the panel may adopt the decision of the decision maker, or it may decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the panel shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the panel’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1510: DECISION BY PERMIT APPEALS PANEL:

Upon the hearing of the appeal the Permit Appeals Panel may refer the matter back to the decision maker with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in light of the evidence presented. The decision of the Permit Appeals Panel shall be supported by written findings. The findings shall include the reasons for the panel’s ruling, including, but not limited to, findings of facts, if any, required by the code sections or ordinance upon which the decision is based. Such findings, if any, together with the notice of the panel’s decision shall be served on the applicant, decision maker, and the City Clerk. The decision shall be final unless City Council agrees to accept a further appeal or takes other action as provided in this article. [Added by Ord. No. 3048, eff. 1/6/87; Amended by Ord. No. 3805, eff. 4/15/11.]

2-1-1511: FINDINGS BY THE PERMIT APPEALS PANEL:

[Added by Ord. No. 3048, eff. 1/6/87; Deleted by Ord. No. 3805, eff. 4/15/11.]

2-1-1512: INSTITUTION OF PROCEEDINGS BY COUNCIL:

The Council may, on its own initiative, institute proceedings for the revocation or suspension of any license granted or issued under the provisions of this code. In such event Council shall direct the City Manager to order the applicant to provide reasons why the license or permit should not be revoked or suspended. Such order from the City Manager shall state the grounds of the proposed revocation or suspension, and the time and place of a hearing. The hearing shall be conducted pursuant to Section 2-1-1517 of this article. The findings, if any, and the decision of Council shall be final and conclusive. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1513: APPEALS TO CITY COUNCIL:

Any decision of the Permit Appeals Panel may be appealed to the Council subject to the conditions and the procedures set forth in this article. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1514: NOTICE OF APPEAL; TIME FOR FILING, TIME LIMITS, AND FEES:

A. Filing: Any person wishing to file an appeal of a decision of the Permit Appeals Panel shall, within ten (10) days after the date of service of the Notice of Decision, file a Notice of Appeal with the City Clerk.

B. Filing Fee: Any person filing an appeal from a decision of the Permit Appeals Panel shall pay a fee in an amount specified in the Burbank Fee Resolution.

C. Jurisdiction: No appeal shall be considered by the Council unless the Notice of Appeal is filed within the time limit stated in this section. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1515: CONTENTS OF NOTICE OF APPEAL:

Every Notice of Appeal shall contain a statement of the facts upon which it is based and the relief requested in sufficient detail to enable the Council to understand the nature of the controversy and the contentions of the parties concerned. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1516: SERVICE OF NOTICE OF APPEAL; REPORT AND OFFICIAL RECORD:

A. Official Record: The decision maker shall promptly transmit to the City Clerk six (6) copies of the minutes of the Permit Appeals Panel hearing, if any, the Notice of Decision, all papers of the panel constituting any part of the record upon which the decision of the Panel was based and a report setting forth the nature of the permit involved and the reasons for the decision.

B. Council Agenda: The City Clerk shall set a time for the hearing and shall cause a Notice of Hearing to be served upon the applicant and decision maker, to such other persons as may have previously identified themselves as interested in the decision, and as required by the California Ralph M. Brown Act (Gov.C. § 54950 et seq.). [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1517: HEARING BY COUNCIL:

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearing shall be conducted as an independent reexamination of the matter. The party seeking Council’s review shall have the burden of proof in all cases, and if such party is served with Notice of Hearing but fails to appear either in person or by counsel, or fails to present or offer any evidence, the Council may adopt the decision of the Permit Appeals Panel, or it may 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 demand is made, witnesses will not be sworn. It is not a ground for objection that evidence is hearsay or secondary, but the Council’s decision shall be made upon substantial evidence. In other words, if an essential finding is based upon hearsay or secondary evidence, such evidence must be of the type which would be admissible in a court of law as proof of such finding. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1518: DECISION BY COUNCIL:

Upon the hearing of the appeal the Council may refer the matter back to the Permit Appeals Panel with directions for further consideration, or it may reverse, affirm, or modify the decision as may appear just and reasonable in the light of the evidence presented. Council’s decision shall be final and conclusive. The decision shall be entered in the City Clerk’s minutes as a motion and served upon the applicant and decision maker. Testimony taken at hearings on appeal, if recorded, will not be transcribed or filed except upon the written request of a party accompanied by payment of the cost of transcription. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1519: FINDINGS BY THE COUNCIL:

After the hearing of the appeal, the Council shall cause the preparation of written findings which shall be considered by the Council and adopted as submitted or as modified by the Council at a regular meeting not later than two (2) weeks following the close of the appeal hearing. The findings shall include the reasons for the Council’s ruling, including, but not limited to, findings of facts, if any, required by the code sections or ordinance upon which the decision is based. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1520: AUTHORITY TO REVOKE OR SUSPEND A PERMIT OR LICENSE:

Any license granted or issued under the provisions of this code may be revoked or suspended at any time by the decision maker. The applicant shall be given written notice of the grounds for the proposed revocation or suspension. The notice to the applicant shall fix a time and place of hearing and shall require the applicant to provide reasons why the permit should not be revoked or suspended. Within five (5) days after the decision, the decision maker revoking or suspending the license shall deliver a written Notice of Decision to the applicant. If the decision is to revoke or suspend the license, the notice shall state the effective date of such decision. The decision maker shall make a written declaration of mailing or proof of personal service and shall file the declaration with the records of the committee or officer. The decision shall be final unless a timely appeal is filed. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1521: GROUNDS FOR REVOCATION OR SUSPENSION:

In addition to any specific reason as may be stated elsewhere in this code, any license granted or issued under the provisions of this code may also be revoked or suspended at any time for any of the following reasons:

A. A material false statement contained in the application;

B. For failure to provide full disclosure of information required by the application;

C. For failure to comply with any regulatory provision contained in the statutes of the State or in the ordinances of the City regulating such business;

D. For failure to operate such business in an orderly and businesslike manner in obedience to such orders, rules and regulations as may be applicable under the provisions of this code or statutes of this State;

E. For conducting such business in an illegal, improper or disorderly manner or in a manner which endangers the public health, safety or welfare; or

F. For any reason which would have constituted grounds for the denial of such permit or license had the facts constituting the basis for such reason been known or existed at the time of issuance. [Added by Ord. No. 3048, eff. 1/6/87.]

2-1-1522: EFFECT OF REVOCATION OR SUSPENSION:

Until a revoked or suspended license is reinstated, the applicant shall not exercise any of the rights or privileges which such license purports to grant. Whenever the revocation or suspension of a license becomes final and conclusive, all certificates, cards, and other evidence of such license or permit shall be promptly returned to the Community Development Department or other decision maker which issued the same. No license fee, or any part thereof, shall be refunded in the event the license is suspended, revoked or denied. [Added by Ord. No. 3048, eff. 1/6/87; Amended by Ord. 3828, eff. 8/24/12.]

2-1-1523: OTHER PROCEEDINGS NOT BARRED:

Proceedings to revoke or suspend a license under this article shall not bar or in any way limit the right of the City to proceed against an applicant under the penal provisions of this code or pursuant to any other ordinance of the City. [Added by Ord. No. 3048, eff. 1/6/87.]