Ceres Municipal Code Ch. 06 Appeal of Administrative Decisions

The purpose of this chapter is to set forth uniform and fair procedures for appealing the approval, denial, suspension, or revocation of a license, permit, or entitlement of any nature, the determination or issuance of which is under any provisions of this Code, or appealing any administrative decision by any city official, if the approval, denial, suspension, or revocation of such license, permit, or entitlement or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised under any of provisions of this Code. The procedures set forth under this chapter shall not apply to decisions made by the City Council.

(Ord. No. 2019-1053, § 1, 11-12-2019)

The procedures established by this chapter shall not apply to administrative decisions for which there are specific appeal procedures already established in any other chapter of the Code or any other provision of law that are applicable to the subject matter of an appeal and that are inconsistent with this chapter. If such procedures exist and are applicable, then those specific procedures shall prevail and be applied for any appeal relating to that administrative decision. In all other instances, the appeals procedure of this chapter shall apply.

(Ord. No. 2019-1053, § 1, 11-12-2019)

The procedures set forth under this chapter shall not apply to decisions made by City Council. Decisions made by the City Council shall not be subject to appeal, except as otherwise provided in this Code, state law, or by judicial proceedings in accordance with applicable law.

(Ord. No. 2019-1053, § 1, 11-12-2019)

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Affected person means those persons directly affected by the approval, denial, suspension, or revocation of a license, permit, or entitlement of any nature, the determination or issuance of which is under any provisions of this Code, or by any administrative decision by any city official, if the approval, denial, suspension, or revocation of such license, permit, or entitlement or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised under any of provisions of this Code.

Appellant means the affected person appealing an administrative decision.

Review hearing means the hearing where the appellant presents testimony, evidence, or witness to the review authority.

Reviewing authority means the City official or body who shall consider and make a determination of an appellant's appeal.

(Ord. No. 2019-1053, § 1, 11-12-2019)

A. Only affected persons as defined under section 1.06.040 shall have the right to appeal an administrative decision.

B. If an Appeals Board is empowered to consider interpretation and enforcement questions of the subject matter which is the basis of an administrative decision, no affected person may appeal such an administrative decision pursuant to the provisions of this chapter, until the Appeals Board has considered and made a determination regarding the administrative decision.

C. No right to appeal shall exist from any administrative decision made by a city official under the provisions of this Code when such decision is ministerial in nature and thus does not involve the exercise of administrative discretion or personal judgment exercised under any of the provisions of this code, whether the administrative decision involves the approval, denial, suspension, or revocation of a license, permit, entitlement, or another administrative decision.

(Ord. No. 2019-1053, § 1, 11-12-2019)

An affected person desiring to appeal an administrative decision shall file a written notice of appeal with the City Clerk within ten calendar days from receipt of written notice of the administrative decision to be appealed. In the event the last day of the filing period falls on a nonbusiness day, the appeal period shall be extended to the next business day. Any decision becomes final for all purposes once the time for filing a notice of appeal has expired.

(Ord. No. 2019-1053, § 1, 11-12-2019)

An affected person desiring to appeal an administrative decision must make such an appeal in according to the following order:

A. From a decision of City staff to the head of the staff member's department.

B. From a decision of a department head to the City Manager; except that an appeal from the decision of the Director of Community Development to land use, zoning, or general plan issues or interpretations shall be made to the planning commission pursuant title 18.

C. From a decision of the City Manager to the City Council.

D. From a decision of any City committee, board, or commission to the City Council.

(Ord. No. 2019-1053, § 1, 11-12-2019)

The notice for appeal shall contain all of the following:

A. Appellant's name, mailing address, primary phone number, and e-mail address;

B. The name, mailing address, primary phone number, and e-mail address for the person who shall be representing the appellant in the appeal hearing, if any;

C. The Reviewing Authority to whom the appellant is appealing the administrative authority;

D. The name of the city official, committee, or commission who rendered the administrative decision being appealed by appellant;

E. The date the administrative decision was rendered;

F. The name of the application or project approved, denied, suspended, revoked or otherwise affected by the administrative decision;

G. The name of the City staff member(s), if any, with whom appellant has discussed the matter of the administrative decision with;

H. State whether the administrative decision has been the subject matter of a previous appeal, and if so, when the appeal(s);

1. If the matter has been previously appealed and the appellant is now appealing to the next level authority, as provided in section 1.06.07, the appellant may attach to new appeal form a copy of the previously submitted notice of appeal(s) and state in the new notice of appeal why the lower authority's decision was incorrect and why the higher authority should hear the new appeal;

I. State the reason for appeal. Appellant shall explain what action(s) are being appealed and why the appeal should be considered. Appellant shall also include evidence which supports his or her appeal; and

J. Appellant's signature and the date of filing the notice of appeal.

(Ord. No. 2019-1053, § 1, 11-12-2019)

Each notice for appeal shall be accompanied by a processing fee in an amount determined by resolution of the City Council which shall reasonably cover the costs of processing the notice.

(Ord. No. 2019-1053, § 1, 11-12-2019)

A. Upon receipt of the filing of the notice of appeal in its proper form pursuant to section 01.06.080, the City Clerk shall notify the appellant the date, time, and place of the review hearing at least ten calendar days prior to the hearing.

B. If the Reviewing Authority is to be either a department head or the City Manager, then the Review Hearing shall occur no later than 30 days after the date upon which the appellant filed the notice of appeal with the City Clerk in its proper form; provided, that the time period may be extended by the mutual consent of the City and the appellant.

C. If the Reviewing Authority is to be the City Council, then the Review Hearing shall be conducted no later than the second regular meeting which follows the filing of the notice of appeal and which allows sufficient time for giving notice pursuant to subsection A of this section.

D. The service of notice shall be by any of the methods provided under this section.

E. If any City representatives submits a written report regarding the appealed administrative decision to the Reviewing Authority, then a copy of the report shall be served to the appellant at least five calendar days prior to the review hearing.

(Ord. No. 2019-1053, § 1, 11-12-2019)

A. Review hearings held by a Reviewing Authority who is either a department head or the City Manager shall be informal in nature. The Reviewing Authority may conduct the hearing informally, both as to rules of evidence and admission of evidence.

B. The review hearing shall be recorded either by audio or by video and the recording equipment shall be operated by a person who is neither the Reviewing Authority nor the appellant. The City shall provide appellant a copy of the recording within ten days after the conclusion of the review hearing.

C. The appellant shall have the right to testify and introduce evidence.

D. The Reviewing Authority shall have the right to ask questions.

E. Within ten calendar days after the conclusion of the review hearing, the review hearing issue a written decision which shall make one of the following conclusions:

1. Reverse the original administrative decision; or

2. Modify the original administrative decision; or

3. Sustain the original administrative decision.

F. The Reviewing Authority's written decision shall provide the reasoning and the facts which provide the basis for his or her conclusion regarding the appealed administrative decision.

G. The order shall become final on the date of service of the order and shall be served to the appellant and to the City official whose administrative decision was appealed upon by the appellant, by any one of the methods listed in section 1.06.100 within ten days of the order's issuance.

H. Should the appellant object to the Review Authority's written decision, the appellant may appeal the decision to the next appropriate reviewing authority as provided under section 01.06.070. Such an appeal shall be made pursuant to sections 01.06.060 to 01.06.080.

(Ord. No. 2019-1053, § 1, 11-12-2019)

A. An appellant may be represented by an attorney or by another competent representative during the review hearing.

B. The City official or body who rendered the original administrative decision may be represented by a city attorney or other competent representative.

C. The review hearing shall be informal in nature and the City Council may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which shall provide a fair and impartial hearing.

D. Any written report submitted by a City official pursuant to subsection E of 01.06.100 may be considered by the City Council in making its decision.

E. The appellant shall have the right to testify, to call, examine, and cross examine witnesses, and present evidence in support in his or her case.

F. The City official or body who rendered the original administrative decision, or any prior reviewing authority who reviewed the same subject matter currently before the City Council, shall not advise any members of the City Council on the subject matter prior to conclusion of the review hearing. However, such City officials, bodies, or reviewing authorities may testify during the review hearing.

G. The City Council shall have the right to ask questions.

H. The City Council may continue the review hearing to the next regularly scheduled meeting of the City Council.

I. At the conclusion of the review hearing, the City Council shall cause a vote to resolve the appeal. The administrative decision upon which the appeal is based may be reversed or modified only by an affirmative vote of a majority of the authorized membership of the City Council. A vote of less than a majority of the City Council shall result in upholding the original administrative decision.

J. A review hearing where the City Council is the Reviewing Authority shall be subject to the Ralph M. Brown Act and other applicable laws.

(Ord. No. 2019-1053, § 1, 11-12-2019)