Modesto Municipal Code Ch. 4 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 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 Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof.

(Amended by Ord. 2120-C.S., § 1, effective 5-13-82)

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 or given, a notice of appeal must be filed with the City Clerk within fifteen (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 thirty (30) days after the date of the action or decision.

(Amended by Ord. 2120-C.S., § 1, effective 5-13-82)

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 said matter for hearing before the City Council within thirty (30) days after the date of the filing of said notice of appeal with the City Clerk. The City Clerk shall give written notice of the time and place of said hearing to the appellant and any other persons requesting notice not less than ten (10) days prior to such hearing.

(Amended by Ord. 507-C.S., and Ord. 2120-C.S., § 1, effective 5-13-82)

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

(Ord. 507-C.S., amended by Ord. 2120-C.S., § 1, effective 5-13-82)

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.

(Added by Ord. 2120-C.S., § 1, effective 5-13-82)