Los Banos Municipal Code Art. 5 Appeals

Except as otherwise specifically provided in this Code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this Code, or to any administrative decision made by any official of the City pursuant to any of the provisions of this Code, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 21, Ord. 1161, eff. February 17, 2018)

A notice of appeal must be filed with the City Clerk within the following time limits:

(a) When written notice of the action or decision, from which the appeal is taken, is required to be given, a notice of appeal must be filed with the City Clerk within 15 days of such notice being given.

(b) When written notice of the action or decision, from which the appeal is taken, is not required or given, a notice of appeal must be filed with the City Clerk within 30 days after the date of the action or decision.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 21, Ord. 1161, eff. February 17, 2018)

Whenever a notice of appeal is filed with the City Clerk in proper form and with any fee that may be required, the City Clerk shall set the matter for hearing before the City Council within 30 days after the date of the filing of the notice of appeal with the City Clerk. The City Clerk shall give written notice of the time and place of the hearing to the appellant and any other persons requesting notice not less than 10 days prior to such hearing.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 21, Ord. 1161, eff. February 17, 2018)

At such hearing, the appellant shall show cause on the ground specified in the notice of the appeal why the action expected to should not be sustained. The City Council may continue the hearing from time to time. The City Council shall render its decision by resolution not more than 40 days after the close of the hearing and its decision in the matter shall be final and conclusive.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 21, Ord. 1161, eff. February 17, 2018)

A written notice shall be considered as having been given whenever it has been either personally delivered or deposited in the United States mail, postage prepaid, and addressed to the person entitled to receive such notice.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 21, Ord. 1161, eff. February 17, 2018)