Irvine Municipal Code Ch. 14 Appeal Procedure

A. Any decision of the Director of Public Safety or his or her designee denying a license or permit pursuant to this division may be appealed as provided in this chapter. The hearing officer on such an appeal may affirm, reverse, or modify the previous decision.

B. Any decision of the Director of Public Safety or his or her designee revoking or suspending a license or permit pursuant to Chapter 13 of this division may be appealed as provided in this chapter. The hearing officer on such an appeal may affirm, reverse, or modify the previous decision.

(Ord. No. 09-10, § 1, 9-22-09)

A. An appeal shall be filed, in accordance with this chapter, within 15 calendar days of the date of the decision. The actual date of the decision shall not be counted in the 15 calendar days; rather, the day following shall be counted as day number one.

B. All appeals shall be made in writing and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and reasons why the action taken by the Director of Public Safety or his or her designee should be modified or reversed.

C. The written appeal shall be filed during normal business hours at the designated location with the Director of Public Safety.

D. The appeal shall be accompanied by a deposit or fee as required by resolution or ordinance of the City Council, which ordinance or resolution may be amended from time-to-time.

(Ord. No. 09-10, § 1, 9-22-09)

Timely filing of a written appeal shall automatically stay all actions, and put in abeyance all licenses or permits granted by the underlying decision or any administrative orders issued by the underlying hearing officer; and neither the licensee or permittee nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved.

(Ord. No. 09-10, § 1, 9-22-09)

A. Scheduling the appeal. The Director of Public Safety shall schedule a hearing on the appeal within 15 business days of receipt of a written appeal request within the prescribed time period.

B. Hearing officer on appeal. The Director of Public Safety shall designate a person other than the hearing officer or the investigating officer(s) to conduct the appeal hearing.

C. Notification of appellant. At least 20 calendar days prior to the date of the hearing, the Director of Public Safety or his or her designee shall, by mail or personal service, give notice to the appellant of the time, date, and location of the hearing.

D. Conduct of hearing. The appeal officer shall conduct the appeal de novo, and shall make an independent determination based upon a preponderance of the evidence and information presented, as to whether the permit should be issued, revoked or suspended. All rules set forth in Section 4-5-1305B shall apply to the hearing. The appellant may introduce evidence to show that the reason for the denial of a permit, or the revocation or suspension of a permit, was inappropriate or has been corrected. The appeal officer may decide all issues for or against the owner even if he or she fails to attend the appeal hearing. The decision of the appeal officer shall be final.

(Ord. No. 09-10, § 1, 9-22-09; Ord. No. 19-12, Exh. A, 8-13-19)

A. The hearing officer shall report his or her findings and actions in writing to the Director of Public Safety stating all the facts and circumstances in support of his or her decision.

B. The hearing officer shall also notify the licensee or permittee of his or her decision in writing by first class mail with return receipt requested. Said decision shall be final.

C. When revocation is warranted, the appellant shall be granted a reasonable period of time in which to place or remove all animals from his or her property that may not be kept without such a permit that have not been subjected to cruelty, neglect or abuse, or kept illegally or improperly as prescribed in Section 4-5-1304B. Said time period shall be specified in the notice of decision sent to the licensee or permittee. Those animals that have been kept illegally or improperly by the licensee or permittee, and those that have been subjected to cruelty, neglect or abuse, are subject to immediate removal and may be impounded by the animal services officer or law enforcement officer as prescribed by law. The cost of said impoundment and care, and any needed medical treatment, shall be the responsibility of the licensee or permittee.

(Ord. No. 09-10, § 1, 9-22-09)