Hawaiian Gardens Municipal Code Ch. 1.14 Appeals and Calls for Review

The purpose and intent of this chapter is to establish the procedures for appealing a decision of the staff or decision maker, as well as procedures for the City Council to review decisions.

(Ord. 412 § 2, 1993)

The City Council may call up a decision of the staff or decision maker to approve, conditionally approve or deny an application as set forth in this Code.

(Ord. 412 § 2, 1993)

A. Appeals.

1. Filing. An appeal may be filed by any aggrieved party, with the City Clerk in the form prescribed by the City Clerk. This appeal shall state specifically:

a. The person making the appeal;

b. The decision maker the decision is appealed from;

c. How a determination or interpretation is not in accord with the purposes of this Code;

d. How it is claimed that there was an error or abuse of discretion;

e. How the record includes inaccurate information;

f. How a decision is not supported by record.

2. Fee. An appeal shall require a fee established by resolution by the City Council.

3. The filing of an appeal vacates the decision from which the appeal is taken. Such decision is only reinstated if the appellate body affirms the original decision in its action.

B. Calls for reviews.

1. Filing. A decision may be called for review by a designated review body prior to the effective date of the decision being reviewed. Any member of a designated review body may file a call for review with the clerk or secretary of the review body.

2. Fee. No fee shall be charged for a call for review made by a member of a designated review body. A review requested by an applicant shall require a fee to be set by the City Council by resolution.

(Ord. 412 § 2, 1993)

A. Timing. Within ten days after a decision, any person aggrieved by the decision may appeal the decision by filing a notice of appeal with the City Clerk. Upon receipt of a valid appeal, the clerk or secretary of the designated appellate body shall set a hearing date to occur within 60 days unless both applicant and appellant consent to a later date. The appellate or review body may delegate the setting of hearing dates to its clerk or secretary.

B. Notice and public hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or reviewed.

C. Plans and materials. A hearing shall be held de novo. Compliance with this provision shall be verified prior to or during the hearing by a representative of the person or body that made the original decision. Nothing herein shall prevent the appellate or review body from imposing conditions on a project and granting approval to a project modified by conditions imposed as part of the decision.

D. Hearing. At the hearing, the appellate or review body shall review the record of the decision and hear testimony of the appellant, the applicant, the party or body whose decision is being appealed or reviewed and any other interested party.

E. Decision. After the hearing, the appellate or review body shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the appellate or review body shall state the specific reasons for modification or reversal. Decisions on appeals or reviews shall be rendered within 30 days of the close of the hearing. A decision of the City Council on any appeal from a decision, appeal or review shall be final.

F. Notice. The clerk or secretary of the appellate body shall mail the notice of the decision within five working days after the date of the decision to the applicant, the appellant and any other party requesting such notice.

(Ord. 412 § 2, 1993)

A decision regarding an action or review shall become effective on the 11th day after the date of the notice of decision, unless called for appeal or review by the City Council prior to that date.

(Ord. 412 § 2, 1993)

Following denial of an appeal or certification of a decision called for review, the same or substantially the same matter shall not be considered by the same body within one year, unless the denial or the certification is made without prejudice.

(Ord. 412 § 2, 1993)

A. Any license, permit or certificate issued by the City to any person to carry on any business under the provisions of this chapter may be revoked or suspended by the City Council in the manner provided in this section:

1. The City Council may upon its own motion, or upon the written charges filed by the City Administrator or his/her authorized designee, or the City Attorney, give notice to any licensee or permittee to appear before the City Council at a time and place set for such hearing to show cause, if any there may be, why the license or permit issued to the licensee or permittee shall not be revoked or suspended. The notice shall state the grounds for complaint or reason for suspension in clear and concise language.

2. Such notice shall be served upon the licensee or permittee not less than five days and not more than ten days prior to the date set for the hearing. Upon good cause being shown, the licensee shall be entitled to a continuance until the next meeting of the City Council.

3. On revocation of a license, no part of the money paid to the City therefor shall be returned, but the license fee shall be forfeited to the City.

B. The City Council upon its own motion may suspend any license or permit without previous notice pending a hearing as provided in this section:

1. When it appears to the City Council that the immediate suspension of any license or permit is necessary for the immediate preservation of the public health, morals, safety and general welfare.

2. At the time of the suspension of any license or permit, the licensee or permittee shall be served with a written statement containing the reasons for such suspension.

3. Within 24 hours after the suspension of any license as provided in this section, and unless the license is sooner restored, the licensee or permittee shall be served with a notice.

4. In all cases where a license has been suspended as provided in this section, the hearing of the charges upon which revocation of license is sought shall be held not earlier than the third day, nor later than the fifth day after service of the notice, except at the request and with the consent of the licensee or permittee.

C. After conducting such hearing as provided for in this section, the City Council may revoke, suspend or reinstate any such license upon such terms and conditions as in the exercise of a reasonable and sound discretion it shall determine. The order of the Council revoking, suspending or reinstating the license or permit shall be final and conclusive.

D. The City Council after revoking or suspending any license or permit shall notify the Business License Collector of such fact, and thereafter no license shall be issued by the Business License Collector to any licensee or permittee to carry on any business or do any act for which such license or permit was granted until a new license or permit shall have been granted therefor by the City Council.

(Ord. 412 § 2, 1993)