Ceres Municipal Code Ch. 07 Appeals

Actions of a final nature which are taken by the Commission, City Engineer, and Director which are made subject to appeal under the provisions of this title or under provisions of the Subdivision Map Act shall be subject to appeal as hereinafter provided in this section.

The subdivider, a tenant of the subject property, or any interested person may file an appeal if an appeal is authorized by the provisions of this title or by the provisions of the Subdivision Map Act. The amount of fees for any such appeal shall be fixed by resolution of the Council, which fees shall not exceed the reasonable costs to the City of conducting such an appeal. All appeals shall be filed with the City Clerk. The City Clerk shall prescribe and provide the appellant the form which shall be used by the appellant in filing any such appeal.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Authorized appeals shall be heard as follows:

A. All appeals from an appealable action of the Commission shall be heard by the Council. The appeal must be filed within ten calendar days after the final action is taken by the Commission from which the appeal is taken unless a different time period for filing said appeal is provided for by this title or the Subdivision Map Act.

B. All appeals from an action of the Director shall be heard by the Commission as an appeal board unless the provisions of this title expressly provide that the appeals of such action are to be heard by the Council. The appeal must be filed within ten calendar days after the final action is taken by the Director or the Director from which the appeal is taken unless a different time period for filing said appeal is provided for by this title or the Subdivision Map Act.

C. All appeals from decisions of the Commission acting as an appeal board under this section shall be heard by the Council. The appeal must be filed within ten calendar days after the final action is taken by the Commission from which the appeal is taken unless a different time period for filing said appeal is provided for by this title or the Subdivision Map Act.

D. Any appeal hearing by the Commission acting as an appeal board or by the Council in its capacity as the legislative body shall be held within 30 days of the date of the filing of a request for an appeal, or within such shorter periods as may be required by the Subdivision Map Act. Within ten days following the conclusion of the hearing, the appeal body shall declare its findings. The findings shall be based upon the testimony and documents produced before it or before the appeal body or before the City officer from whom the appeal is taken. The decision of the appeal body may sustain, modify, reject or overrule any action which is the subject of the appeal. The decision may include any findings which are not inconsistent with the provisions of this title, the ordinances of the City, or the provisions of the Subdivision Map Act.

E. Notice of any appeal hearing held under this title shall be given by the City Clerk as provided in California Government Code sections 65090 and 65091. If the appeal involves the conversion of residential real property to a condominium project, community apartment project or stock cooperative, additional notice shall be given by the City Clerk as provided in the Subdivision Map Act.

(Ord. No. 2020-1058, § 3, 3-23-2020)