Coalinga Municipal Code Ch. 4 Appeals to the City Council

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Editor's note— The title of Ch. 4 of Title 1 was amended by Ord. 727, effective March 8, 2008.

Except where an appeals procedure is otherwise specifically set forth in this Code, any person objecting to or not satisfied with the denial, suspension, or revocation of a permit applied for or held by him pursuant to any of the provisions of this Code, or to any administrative decision made by any official of the City, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof. Appeals to the Council include appeals arising out of Title 8 (Building Regulations) of the Coalinga Municipal Code if another means of appeal does not exist.

No appeal may be taken to any such administrative decision made by an official of the City pursuant to the provisions of this chapter unless such decision to appeal has been heard by the department head concerned and the department head has informed the aggrieved party of his decision in writing. The department head shall resolve the appeal within thirty (30) days after receipt of the appeal.

No right of appeal to the Council from any administrative decision made by an official of the City pursuant to any of the provisions of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, whether the administrative decision involves the denial, suspension, or revocation of a permit or any other administrative decision.

(§ 2, Ord. 727, eff. March 8, 2008)

The appellant shall file a notice of appeal with the City Clerk within fourteen (14) days after the receipt of the notice of the administrative appeal decision made by the department head.

(§ 3, Ord. 727, eff. March 8, 2008)

Upon the filing of the notice of appeal in proper form, the City Clerk shall place the matter on the Council agenda for the next regular meeting of the Council which will be held at least five (5) days after the date of the filing of the notice of appeal. Except in cases of emergency when the Council may determine the matter immediately, the Council shall set the matter for hearing at a subsequent meeting, but in no event later than thirty (30) days after the date of the filing of the notice of appeal with the City Clerk. The City Clerk shall cause a written notice of the hearing to be given to the appellant not less than five (5) days prior to such hearing, unless such notice is waived in writing by the appellant.

At the hearing required by the provisions of Section 1-4.03 of this chapter, the Council shall hear evidence for and against the appeal and shall determine the matter based on the evidence. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.

(§ 4, Ord. 727, eff. March 8, 2008)