Fremont Municipal Code Art. IX Denial

If the city has cause to deny the application and determines that it would not be feasible or in the public interest to approve a permit, then the officer shall deny the application. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12900.)

A permit shall be denied if the applicant fails to demonstrate adequate conformity to all applicable provisions of this chapter. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Article X of this chapter. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12901.)

The decision to deny the application shall be given to the applicant in writing, setting forth the findings upon which the decision is based. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12902.)

(a) Within 30 days after the date of deposit of the decision in the mail in accordance with Section 8.35.400(a), the applicant may appeal the denial in writing to the city manager, setting forth with particularity the factual and legal grounds for the appeal.

(b) Within 10 days after the date of posting in accordance with Section 8.35.380, a permit may be appealed to the city manager, in writing, setting forth with particularity the factual and legal grounds for the appeal. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12903.)

The city manager shall set a time and place for the hearing on the appeal as provided in Article XI of this chapter and shall notify the applicant in writing of such date and time not later than 30 working days from the date the appeal was received by the city manager. The hearing shall be conducted within 45 days from the date the appeal was received by the city manager. In any hearing under this section, the applicant shall bear the burden of proof to establish entitlement to the permit requested by a preponderance of the evidence. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12904.)

(a) After the hearing on the appeal, the city hearing officer may refer the matter back to the originating officer for a new investigation and decision, may affirm the decision of the originating officer, may approve a temporary permit as provided in Section 8.35.390, or may approve the application with or without conditions.

(b) The decision of the city hearing officer shall be the final administrative determination and is subject to judicial review.

(c) In any appeal hearing under this article, the city hearing officer shall award all costs of the hearing and reasonable attorneys’ fees to the city whenever the city prevails. (Ord. 1946 § 6, 11-27-90. 1990 Code § 3-12905.)