Hayward Municipal Code Part IX Denial

If the officer to whom application has been made has cause to deny the application and determines that it would not be feasible or in the public interest to approve a temporary or provisional permit, then the officer shall deny the application.

A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of the Article. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Part X.

The decision to deny the application shall be given to the applicant in writing, setting forth the findings upon which the decision is based.

Within thirty (30) days from the date of deposit of the decision in the mail in accordance with Section 3-8.49, the applicant may appeal, in writing, to the City Manager, setting forth with particularity the ground or grounds for the appeal.

The City Manager shall set a time and place for the hearing on the appeal and shall notify the applicant, in writing, of such date and time, not later than ten (10) working days from the date the appeal was received by the City Manager. The hearing shall be conducted within thirty (30) days from the date the appeal was received by the City Manager.

After the hearing on the appeal, the City Manager may refer the matter back to the Fire Chief for a new investigation and decision, may affirm the original decision, may approve a provisional permit as provided in Section 3-8.38, or may approve the application with or without conditions. The decision of the City Manager shall be the final administrative determination and is subject to judicial review.