Mendota Municipal Code Ch. 2.56 Administrative Appeals Procedure

This Chapter shall be known as the "Administrative Appeals Procedure" for the City of Mendota. By approving this Chapter's addition to the Mendota Municipal Code, the City Council of the City of Mendota intends to provide a uniform procedure for appeals of administrative decisions made by City representatives where the applicable Chapter of the Mendota Municipal Code do not otherwise provide an express set of appellate procedures. In the event another set of appellate procedures applies to the sections of the Mendota Municipal Code at issue, this Chapter's provisions shall not apply.

(Ord. No. 21-11, §§ 2, 3, 5-25-2021)

A. Except where an appellate procedure is otherwise set forth in an applicable Chapter of the Mendota Municipal Code, any person may appeal, in writing, to the City Council by filing a written notice of such appeal stating the specific grounds for the appeal with the City Clerk, or his or her designee(s), in connection with any of the following instances of City conduct:

1. Approval, denial, suspension, or revocation of a City license, permit, or other entitlement; or

2. Determination of an administrative decision made by any City official.

Provided that, such approval, denial, suspension, or revocation of such City license, permit, or entitlement, or such determination of such administrative decision involves the exercise of administrative discretion or personal judgment, therefore not ministerial in nature, exercised under any of the provisions of the Mendota Municipal Code.

B. No appeal may be taken to any such administrative decision or exercise of judgment by a City official under the provisions of this Chapter unless such appeal has been requested from the applicable City department head concerned, and where an appeals board is empowered to consider questions of interpretation and/or enforcement, unless such appeal has been considered by such appeals board.

(Ord. No. 21-11, §§ 2, 4, 5-25-2021)

The appellant shall file a written notice of appeal containing a clear statement of the grounds for the appeal with the City Clerk, on a form created and maintained by the City Clerk, within ten (10) calendar days after the date of the issuance of the administrative decision being appealed. In the event the final day of the filing period does not fall on a business day, the period during which the written notice of appeal must be filed shall be extended to include the next business day.

(Ord. No. 21-11, §§ 2, 5, 5-25-2021)

Upon receipt of an appellant's timely written notice of appeal on the proper form, the City Clerk shall cause the appeal hearing to be placed on a regular or special meeting agenda of the City Council. Except in cases of emergency where the City Council may hear and determine the appeal immediately, or where State law requires a different appellate procedure be followed, the City Clerk shall set the matter for an appeal hearing no later than forty-five (45) calendar days after the date the appellant filed the written notice of appeal on the proper form. The City Clerk shall cause written notice of such appeal hearing to be mailed to the appellant via First Class mail not less than five business days prior to the appeal hearing, unless such notice is waived in writing by the appellant.

(Ord. No. 21-11, §§ 2, 6, 5-25-2021)

The following provisions apply to an appeal hearing held pursuant to this Chapter:

A. The appellant bears the burden to show cause for why the administrative decision being appealed was incorrect on the specific grounds specified in the appellant's written notice of appeal.

B. The City Council shall hear evidence relevant to the grounds upon which the appeal was made. Hearsay and written reports may be considered at the hearing notwithstanding the availability of the declarant. The California Rules of Evidence may be used as guidance in connection with the hearing, but need not be strictly adhered to for evidence to be considered.

C. The appellant may testify, provide written evidence, and present witnesses in support of the appeal. The City may elect to present its own evidence and witnesses to refute the evidence submitted by the appellant. The City Manager may designate a representative to present such evidence on the City's behalf. Both the appellant and the City have the right to be represented by legal counsel at the appeal hearing.

D. The City Council shall, in its discretion, limit the time of the appeal hearing to that which it deems necessary to hear all relevant evidence, taking into account all relevant circumstances, including duplicative evidence or testimony, and the amount and gravity of the potential penalty. The appellant shall not, in any case, be given less time to present his or her case than is afforded the City.

E. The City Council may, in its discretion, continue the appeal hearing or request additional information from either the appellant or the City's representative(s) prior to making a decision granting or denying the appeal.

F. The appellant's failure to attend the appeal hearing shall result in the denial of the appeal.

(Ord. No. 21-11, §§ 2, 7, 5-25-2021)

The City Council's decision regarding the appeal is final and conclusive in the matter, and is not subject to further administrative appeal. The appellant may appeal the City Council's determination by filing an appeal with the Superior Court of the County of Fresno pursuant to the applicable sections of the California Code of Civil Procedure.

(Ord. No. 21-11, §§ 2, 8, 5-25-2021)