Camarillo Municipal Code Ch. 16.58 Appeals

A. The city council acting as the appeals board (the "appeals board") will hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, or to pass upon matters pertaining to the application of the codes adopted under this title. The building official or designee shall be an ex officio member but shall have no vote upon any matter before the appeals board.

B. Any person that is directly and adversely affected by the application of this title, including any order, decision, or determination made by the building official, or designee, or a hearing officer pursuant to Chapters 1.13 or 9.17, may file an appeal with the appeals board.

C. An application for appeal shall be based on a claim that the true intent of this title or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this title do not fully apply, or an equally good or better form of construction is proposed.

(Ord. No. 2032, § 8(Exh. A), 7-9-2025)

A. A request for appeal may be taken only by filing a written notice of appeal with the building official, or designee, not later than ten days after the city's rendition of an adverse order, decision, or determination regarding the codes adopted under this title.

B. Each notice of appeal must include:

1. A description of the work or improvements proposed to be made or done.

2. A description of the proposed location of the work or improvements.

3. Identify all code sections upon which the appeal is based, with a description of the codes' application to the facts of the case.

4. The detailed reason(s) why:

a. The order, decision, or determination of the building official or hearing officer should not be sustained; and

b. The relief requested.

(Ord. No. 2032, § 8(Exh. A), 7-9-2025)

A notice of appeal is not deemed filed and will not be accepted by the building official, until the appellant complies with the requirements of this chapter and pays all filing fees set forth in the city council's adopted fee schedule, as may be amended or superseded from time to time.

(Ord. No. 2032, § 8(Exh. A), 7-9-2025)

A. All appeals must be in writing and contain sufficient information to allow the board of appeals to make a determination on the request.

B. A duly filed appeal will be heard by the appeals board not more than 60 days after the appeal is filed.

C. The building official, or designee, must make a copy of all documents to be presented before the appeals board publicly available and provide the appellant with a copy of all materials not later than five days before the meeting date on which the matter is set to be heard.

D. At such meeting, or at such later time as the matter may be continued by the appeals board, the appellant and the building official or any of his or her authorized representatives, shall be given a reasonable opportunity to be heard on the matter and to present relevant evidence.

(Ord. No. 2032, § 8(Exh. A), 7-9-2025)

A. The appeals board will adopt a written determination based on the substantial evidence in the entire record to uphold or set aside the order, decision, or determination at issue. For the appeals board to set aside the order, decision, or determination, it must find that the proposed design:

1. Complies with the intent of this title; and

2. Satisfies the requirements of the codes adopted by this Title;

B. The building official must send a copy of the appeal board's decision to the appellant within five business days.

C. The appeal board's determination is final as of the date of its decision and represents the city's final action on the matter.

D. The appeals board findings will include the following notice:

Notice to parties.

The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6.

The findings and order of the Board will either be personally delivered or mailed to the appellant within 30 days following the conclusion of the hearing.

(Ord. No. 2032, § 8(Exh. A), 7-9-2025)