Lancaster Municipal Code Ch. 2.44 Uniform Appeal Procedure

A. Whenever an applicant or an interested citizen of the city is entitled under this code or any other provision of law to appeal to the city council from an adverse determination in a matter made by a city official, board or commission and desires to so appeal, he shall, within ten (10) working days after the date of that adverse determination, submit a notice of appeal to the clerk of the city council. Members of the city council are specifically exempted from the requirement of submitting a notice of appeal and the other requirements of this chapter and they shall have the right to request the review of an act of any city official, board or commission within ten (10) working days of said act.

B. Notwithstanding any other provision of this code, the city council may, by resolution, designate an independent hearing officer to hear appeals of any decision, determination or order from which the right of appeal has been granted by this code or other provision of law.

(Prior code § 2-8.1)

(Ord. No. 998, § 4, 6-24-2014)

Editor's note— Ord. No. 998, § 4, adopted June 24, 2014, amended the title of § 2.44.010 to read as set out herein. Previously § 2.44.010 was titled appeal to the city council from action of a city official, board or commission.

The notice of appeal shall be addressed to the city council and shall specify the following:

A. Name, address and phone number of appellant;

B. Name, address and phone number of applicant, if different from appellant;

C. Name(s) and address(es) for recipients of additional notice, if applicable;

D. Address and description of real property;

E. Commission, board, officer or department whose action is being appealed;

F. Date of action or decision being appealed;

G. Specific action or decision being appealed;

H. Case number of item;

I. Grounds for appeal.

(Prior code § 2-8.2)

No notice of appeal shall be accepted for filing by the city clerk until the required filing fee, as established by the city council, has been submitted to the city clerk. The filing fee shall be as determined by resolution of the city council. In the event an appeal is abandoned or terminated prior to publication of notice, the filing fee shall be refunded.

(Ord. 744 § 1, 1998: prior code § 2-8.3)

If applicable, a copy of the set of mailing labels submitted for the original planning commission consideration shall be provided by the appellant at the time of the appeal filing.

(Prior code § 2-8.4)

Upon receiving notice of appeal, the city clerk shall determine if it is in the proper form and, if so, may schedule the matter for public hearing on the next available agenda of the council, in compliance with notice requirement of state law, unless a later setting is requested by the appellant.

(Prior code § 2-8.5)

Such public hearing shall be held de novo (as if no hearing has been previously held) and therefore the council's decision need not be limited to the points appealed and may cover all phases of the matter including the addition or deletion of any condition.

Following the public hearing, the city council may take one of the following actions:

A. Deny the appeal thereby affirming the action of the commission, board or city official;

B. Grant the appeal in its entirety or any portion thereof; or

C. Refer the matter back to the commission, board or city official for further proceedings with or without instruction.

(Prior code § 2-8.6)

The appellant, the commission, board, officer or department head involved and any person specifically requesting notice in writing shall be mailed notice of hearing in accordance with the city's notification procedure. In addition, where the zoning, use, abandonment, occupancy or ownership of real property is involved, such notice shall be mailed to "occupant," if any, at the property's address; and the owner shall be mailed similar notice to the address shown on the last assessment roll.

(Prior code § 2-8.7)

The form of notice of public hearing shall be similar to the following:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that at ________ o'clock on the ________ day of ___________, 19___, in the Council Chamber at Lancaster City Hall, there will be a public hearing on the appeal of ___________, appellant from the (action) of the (Commission, Board, Officer, or Department Head) of the City of Lancaster.

Interested persons are invited to attend and be heard.

(Prior code § 2-8.8)

Hearings shall be conducted in accordance with city council procedure for the conduct of hearings. The city council may examine witnesses under oath and issue subpoenas as provided by state or local law. Each councilmember shall have the power to administer oaths to witnesses. After the close of the public hearing, the city council shall review the evidence and shall render its decision at any time within sixty (60) days after the close of the public hearing provided that said time may be extended with the consent of the appellant. If the appeal is not decided in said time period, it is presumed denied. Except for disciplinary proceedings, the burden of proof is upon the appellant. The decision of the city council after appeal is final.

(Prior code § 2-8.9)

Unless otherwise specifically provided by law, the burden is on the applicant/appellant in any hearing under this chapter to prove that he is entitled to that for which he is applying under the uniform appeal procedure or that the determination of the official or body which he is appealing under these provisions is unreasonable, erroneous, or clearly abusive of discretion.

(Prior code § 2-8.10)

The city council and the hearing officer shall not be bound by the traditional rules of evidence in hearings conducted under this chapter and hearing shall be conducted pursuant to the city council procedures ordinance.

(Prior code § 2-8.11)

No action, inaction or recommendation regarding any matter for which an appeal is taken in accordance with this chapter by the legislative body or any administrative body or any official of the city shall be held valid or invalid by reason of any error, irregularity, informality, neglect or omission (hereinafter called "error") as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure whatsoever unless the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed.

(Prior code § 2-8.12)

The provisions of this chapter shall not apply to:

A. Hearings to determine whether public convenience and necessity require acquisition of property for public use;

B. Hearings to consider parcel maps.

(Prior code § 2-8.13)