Mammoth Lakes Municipal Code Ch. 17.100 Appeals

This chapter provides procedures for appealing determinations and actions made by the Director or Commission.

(Code 1990, § 17.104.010; Ord. No. 14-02, § 4, 3-19-2014)

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

(1) Director decisions. Any decision by the Director, including administrative permits may be appealed to the Commission by any aggrieved person.

(2) Commission decisions. Any decision by the Commission may be appealed to the Council by any aggrieved person.

(3) Council review/appeal.

a. Any member of the Council within 15 calendar days from the date of the review authority's action may request the opportunity to review/discuss any decision rendered by the Director or Commission.

b. The Council may conduct an appeal of any decision by the Director or Commission at the next available Council meeting if a member of the Council has requested the opportunity to review the decision within 15 calendar days from the date of the review authority's action. A majority vote of the Council is required to initiate the appeal.

(4) Statute of limitations. Any action challenging a decision of the Council shall be filed with the Superior Court of the County within 30 days after the decision of the Council. Absent such timely and properly filed action, the decision of the Council shall be final on all matters.

(Code 1990, § 17.104.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 17-10, § 4(exh. A), 11-1-2017)

(a) Timing and form of appeal.

(1) Appeals shall be submitted in writing, and filed with the Town Clerk, on a Town application form, by 5:00 p.m. on the 15th day following the date of the review authority's action except as allowed by Section 17.100.020(3).

(2) The appeal shall state the pertinent facts of the case and the basis for the appeal.

(3) Appeals shall be accompanied by the filing fee set by the Council's fee resolution.

(b) Scheduling of hearing and Director's report. When an appeal has been filed, the Director shall schedule the matter for consideration by the appropriate appeal body identified in Section 17.100.020 within 21 days, or as soon thereafter is practicable, and prepare a report on the matter. If the matter originally required a noticed public hearing, the Town Clerk shall give notice in the same manner followed for the original hearing, in compliance with Chapter 17.120, provided that notice shall be mailed to the owner of the property in question (if any), to owners of abutting parcels (if any), and to persons who filed written objections to the original application who requested notice of subsequent proceedings or who received notice of the original proceedings. The notice shall set forth a brief summary of the decision appealed and a brief summary of the nature of the appeal.

(c) Review by Director.

(1) The Director shall determine if the appeal was filed within the applicable time limits and shall summarily reject any appeal which was filed beyond the time limits. Further, the Director shall determine if the appeal contains sufficient information as required by Subsection (a) of this section.

(2) If the Director determines that the information in the appeal is incomplete, the Director shall immediately notify the appellant of the insufficiency and allow the appellant an additional seven days in which to correct the deficiency.

(3) If upon the expiration of any additional time, the Director determines that the statement on appeal is still insufficient, the Director shall summarily reject the appeal.

(d) Town Attorney's authority to summarily reject appeal. Upon presentation of the notice of appeal, together with the required statement on appeal, the Town Attorney may summarily reject the appeal if the Town Attorney finds that the matter being appealed is a requirement of law.

(e) Action. The Director shall forthwith transit to the Commission or Council copies of the staff report and all papers constituting the record upon which the decision appealed was made, stating the factual and legal basis on which the Director or Commission made the determination that is the subject of the appeal. At the hearing, the appeal body may consider any issue involving the matter being appealed, in addition to the specific grounds for the appeal and may continue the hearing from time to time as it deems necessary.

(1) The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision, or determination of the original review authority.

(2) When reviewing an appeal, the appeal body may:

a. Deny the permit or entitlement, even though the appeal only requested relaxation or elimination of one or more of the conditions imposed on the permit or entitlement: or

b. Impose additional conditions that may address other issues or concerns than the original subject of the appeal.

(3) The appellant and other interested parties shall not present new evidence and testimony at the appeal hearing unless the party can demonstrate, to the satisfaction of the appeal body, that new information:

a. Was not previously available to the party; or

b. The party could not have participated in the review process because they could not have known about the review process.

(4) If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter to the original review authority for further consideration.

(5) Within 21 days following the closing of the public hearing on the appeal, or as soon thereafter as it is practicable, the review authority shall render its decision on the appeal.

(6) In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

(f) Refund of appeal fees. Appeal fees may be refunded in only the following situations:

(1) Upon the conclusion of any appeal, where the Council upholds the appeal and overturns the decision of the review authority, the Council may also authorize the return of all, or a portion, of the appeal fees; or

(2) Upon the conclusion of any appeal, where the Council denies the appeal but finds that the appellants raised issues of substantial merit, the Council may authorize the return of any portion of the appeal fees deemed just.

(g) Stay pending appeal. On the date a notice of appeal is properly filed with the Town Clerk, or on the date the Council orders a review of the Commission's action, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by Council, including the effective date of any permit, shall be stayed until the Commission's or the Council's final determination is made, or until 60 days have elapsed, whichever occurs first. If 60 days elapses without a final Council or Commission determination, the original action shall stand.

(Code 1990, § 17.104.030; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 20-13, exh. A(a), 11-18-2020)