Encinitas Municipal Code Art. 28 Appeals

(a) A determination by the District staff shall be final five days thereafter, unless a dissatisfied person submits to the General Manager a written request for review. On review, the General Manager will render a determination, which will be final 10 days thereafter.

(b) An appeal seeking District Board review of a final determination by the General Manager shall be made and processed in accordance with the provisions of this chapter.

(Res. No. 2020-02, adopted 5/20/20)

(a) To be sufficient for filing, the written appeal must be delivered to the District Secretary, or his or her designee, together with any required fee, within 10 working days following the determination for which a review is sought. Further, the appeal must be legible and set forth:

(1) The appellant’s full name, address, and phone number;

(2) The name of the person making the original staff determination;

(3) The date on which the General Manager rendered the final determination;

(4) The determination for which District Board review is sought;

(5) The appellant’s interest in the appealed determination; and

(6) Each issue that the appellant alleges was wrongly determined, together with every argument and a copy of every item of evidence submitted by the appellant to the General Manager on such issue.

(b) An insufficient appeal shall be returned by the District Secretary, or his or her designee, to the appellant.

(c) If the appeal is sufficient, it will be accepted for filing and the District Secretary, or his or her designee, shall set the matter for initial consideration by the District Board at the next available District Board meeting and shall notify the General Manager to prepare a staff response.

(Res. No. 2020-02, adopted 5/20/20)

If the appellant wishes to submit to the District Board new arguments or material not submitted to the General Manager, the appellant shall submit with the appeal a separate, written explanation describing such new arguments or material and explaining why it was not submitted previously for consideration.

(Res. No. 2020-02, adopted 5/20/20)

The staff response to the appeal shall be made available to the appellant at the District office, three business days prior to the date set for initial consideration by the District Board.

(Res. No. 2020-02, adopted 5/20/20)

(a) At the initial consideration, the District Board shall review the written appeal, the staff response and any written request to consider new material. No oral argument will be submitted.

(b) The District Board may grant the request to consider new material and return the matter for further consideration.

(c) Unless the District Board sets the matter for hearing at the next available District Board meeting or returns the matter for further consideration, the final determination shall be deemed affirmed.

(d) If a hearing is set, the District Board shall determine whether, in the interests of fairness, the new arguments and material should be considered at such hearing.

(Res. No. 2020-02, adopted 5/20/20)

The District shall give notice of the hearing as required by law.

(Res. No. 2020-02, adopted 5/20/20)

(a) The General Manager shall cause to be prepared a proposed resolution setting forth proposed findings, conclusions and determinative actions in accordance with the action being recommended to the District Board.

(b) Other than the appellant and the District staff, any person whose interest may be affected by the outcome of the appeal and who desires to participate in the hearing, shall submit to the District Board, no later than noon, four working days prior to the date set for hearing, a written position setting forth:

(1) The interested person’s full name, address, and telephone number;

(2) The interested person’s interest in the outcome of the appeal;

(3) Each issue which the interested person wishes to address, together with each argument and item of evidence which the interested person wishes to submit to the District staff on such issue.

(Res. No. 2020-02, adopted 5/20/20)

(a) The hearing of the appeal shall be limited to the issues, arguments and evidence identified in the appeal application, the staff response, and properly filed written positions.

(b) The appellant, the District staff and interested persons filing written positions may provide oral comments to the District Board during the hearing.

(Res. No. 2020-02, adopted 5/20/20)

Applying rules and regulations to the specific evidence presented during the hearing of the appeal, the District Board shall make a final determination supported by findings of fact based upon information submitted and oral comments made to the District Board at the appeal hearing. The District Board may direct that such action be taken as it deems necessary.

(Res. No. 2020-02, adopted 5/20/20)