Camarillo Municipal Code Ch. 5.08 Permit Procedures—general

The procedures set forth in this chapter shall apply to all permits issued under Title 5 unless a more different procedure is specified for a specific type of permit.

(Ord. 802 § 1 (part), 1994.)

A. Whenever in this title any person is required to obtain a permit for carrying on or conducting any business or other activity, such Title 5 permit shall be issued in accordance with the provisions of this chapter and the more specific provisions of any other applicable chapter.

B. Compliance with the provisions of this title and the issuance of a Title 5 permit shall not preclude the necessity of obtaining any other permit required by any other provisions of this code, or ordinance of the city or other applicable law, including, but not limited to, a business tax certificate.

C. All Title 5 permits are nontransferable.

(Ord. 802 § 1 (part), 1994.)

Whenever in this code any Title 5 permit or other permit or entitlement is required, the same shall be obtained before a business tax certificate is issued under the provisions of Chapter 5.04.

(Ord. 802 § 1 (part), 1994.)

Before any Title 5 permit is issued or renewed where required, an application or renewal form shall be filed with the director, shall be signed and verified by the applicant and shall set forth the specific information required for the Title 5 permit. All application and renewal forms shall be accompanied by a fee in an amount set by resolution of the city council.

(Ord. 802 § 1 (part), 1994.)

A. Within three business days after the filing of an application for a Title 5 permit, the director shall forward a copy of the application to the head of each affected department within the city for investigation, review and comment. Where required, the director shall also cause a state and/or local background check to be conducted on the applicant.

B. Each affected department head, or his or her designee, shall investigate and review the Title 5 permit application to determine whether the applicant proposes to engage in the enterprise in compliance with the provisions of this code and in a manner which shall not be detrimental to the public peace, health, safety or welfare of the city or its inhabitants. Each affected department head, or his or her designee, shall return any comments and conditions to be imposed to the director within fourteen business days after receiving the application. Department heads may coordinate among themselves as appropriate.

C. If no department head, or their designee, objects to the issuance of the Title 5 permit, the director shall issue the Title 5 permit subject to those reasonable conditions necessary to protect the public peace, health, safety and welfare of the city and its inhabitants and to insure compliance with the provisions of this code. All conditions imposed on the Title 5 permit shall be set forth in writing.

D. If any department head, or his or her designee, objects to the issuance of the Title 5 permit, then the director shall deny the Title 5 permit. The reasons for such denial shall be set forth in writing.

E. Unless otherwise specified in this code, the director shall issue or deny all Title 5 permits within thirty business days from the date of application.

(Ord. 802 § 1 (part), 1994.)

A. Action of Director. Whenever the director is advised that a permittee is conducting operations under a Title 5 permit, in a manner which is contrary to the provisions of this code, in a manner which constitutes a public nuisance, in a manner which is detrimental to the public peace, health, safety or welfare of the city or its inhabitants, or whenever the director is advised that a permittee supplied false information on the permit application, the director shall give notice to such permittee of the violation(s) involved and set forth a period of time allowed for the correction of the violation(s) by the permittee if correction is possible. If the director finds that the violation(s) continue without correction, or if correction is not possible, then the director shall issue an order of revocation.

B. Orders of Revocation. An order or revocation issued by the director shall contain a statement of the violation(s) which constitute the basis for the order of revocation. The director shall serve the order of revocation on the permittee, as well as any other interested person requesting a copy of the same. The order of revocation issued by the director shall be final and conclusive in the absence of a timely appeal taken in the time and manner set forth in Section 5.08.060.

(Ord. 802 § 1 (part), 1994.)

A. Appeals.

1. Right and Timing of Appeal. Any person aggrieved by a decision of the director to deny, revoke or refuse to renew a Title 5 permit may appeal such decision to the city manager by filing a notice of appeal with the city clerk no later than fifteen days following the date the director gives notice of the decision.

2. Payment of Appeal Fee. The notice of appeal must be accompanied by the applicable administrative appeal fee established by city council resolution.

3. Setting Appeal Hearing. Upon receipt of a timely filed appeal, the city manager will fix a time and place for hearing the appeal. The appeal may be heard by the city manager or a hearing officer designated by the city manager. All references in this section to the city manager include a designated hearing officer.

4. Notice of Appeal Hearing. The city clerk must give written notice of the time and place of the appeal hearing to the appellant, and any other person requesting notice, at least five days prior to the hearing date.

5. Appeal Hearing Procedure. At the hearing, the city manager will review the records and files of the director relating to the decision. The city manager must permit any interested person, including the director and the appellant, to present any relevant evidence bearing on the issues involved in the matter. In conducting the hearing, the city manager is not bound by formal rules of evidence and may accept all reasonably reliable evidentiary material.

6. Decision Following Appeal Hearing. Based upon the evidence presented at the hearing, the city manager must determine whether the decision by the director should be affirmed, modified or reversed. The city manager's decision must be communicated in writing to the appellant within five business days after the hearing is completed and must state the reasons for the decision.

7. Judicial Review. The determination of the city manager will be final. The written notice of decision must be sent by first class mail, postage prepaid, including a certificate of mailing. The notice must advise that any action challenging the decision of the city manager must be filed with the superior court of the state pursuant to Code of Civil Procedure Section 1094.5, and must further advise that the time period within which judicial review must be sought is ninety days following the date of the city manager's written notice under Code of Civil Procedure Section 1094.6.

(Ord. 991 § 2, 2006: Ord. 802 § 1 (part), 1994.)