Montclair Municipal Code Ch. 1.08 Hearings and Appeals

Whenever it is specified in this Code that a matter may be heard by the City Manager related to any administrative decision made by any official of the City pursuant to any of the provisions of this Code, such request for hearing shall be made and acted upon in the following manner:

A. All requests for hearing before the City Manager shall be made in writing to the City Manager within 15 days of the mailing of the notification of the matter on which the hearing is requested.

B. Such requests shall include the following information:

1. A brief statement setting forth the legal interest(s) of the appellant(s) in the building or the land involved in the notice and/or order of the administrative decision;

2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

3. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be set aside;

4. The signatures of all parties named as appellants and their official mailing addresses;

5. The verification, by declaration under penalty of perjury, of each appellant as to the truth of the matters stated in the appeal.

C. Notice of Hearing. The City Manager shall serve a Notice of Hearing pursuant to Section 1.08.040C of this chapter of the date and time of such hearing to the person(s) requesting same. Such Notice of Hearing shall be mailed at least 10 days prior to such hearing.

D. Hearing by City Manager. At the time stated in the Notice of Hearing, the City Manager shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, City personnel and other interested persons relative to such administrative decision or other alleged violation of this Code. The hearing may be continued from time to time.

E. Decision of City Manager. After the conclusion of the hearing, the City Manager shall, based upon such hearing, determine whether or not the administrative decision on which the appeal was requested is found to be upheld, amended, or overturned. The City Manager shall then place his/her findings in writing and mail such findings, pursuant to Section 1.08.040C of this chapter within 10 days of the hearing to the person(s) requesting such hearing. Such written findings shall be made as follows:

1. If the administrative decision which was the subject of the hearing is upheld or amended, the written findings shall constitute a City Manager's Order to Comply and shall contain the following information:

a. A detailed description of the conditions or activities which render a building, structure, premises or portion thereof a public nuisance or otherwise cause a violation of this Code to occur; and

b. A concise statement of proposed methods of abatement and/or compliance; and

c. A timeline during which such abatement must be made and/or such compliance must be attained; and

d. Information rerated to requesting additional review of the matter by the Planning Commission and/or the City Council.

2. If the administrative decision on which the hearing was requested is overturned, the appellant shall be so notified pursuant to this subsection and the matter shall be concluded.

F. Any abatement proceedings by the City shall be held in abeyance during this hearing process.

G. Within 10 days from the date of the mailing of the City Manager's Order to Comply, the person(s) who requested the hearing before the City Manager may appeal the matter to the Planning Commission pursuant to Section 1.08.020 of this chapter.

(Ord. 00-800 § 3 (part))

Whenever it is specified in this Code that a matter may be appealed to the Planning Commission, the following procedure shall be followed:

A. All requests for appeals before the Planning Commission shall be made in writing to the City Clerk within 15 days of the mailing of the City Manager's Notice to Comply and shall contain the following information:

1. A brief statement setting forth the legal interest(s) of the appellant(s) in the building or the land involved in the City Manager's Notice to Comply;

2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

3. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be set aside;

4. The signatures of all parties named as appellants and their official mailing addresses;

5. The verification, by declaration under penalty of perjury, of each appellant as to the truth of the matters stated in the appeal.

B. Notice of Hearing. The City Manager shall serve the Notice of Hearing pursuant to Section 1.08.040C of this chapter of the date and time such matter shall be heard by the Planning Commission. Such notice shall be mailed at least 10 days prior to such hearing.

C. Persons to be Notified. The Notice of Hearing shall be sent to the appellant(s) named in the request for hearing of appeal and any other persons required by law to receive such notification.

D. At the time and place stated in the Notice of Hearing, the Planning Commission shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, City personnel, and other interested persons relative to such administrative decision or other alleged violation(s) of this chapter. The hearing may be continued from time to time.

E. Decision of the Planning Commission. After the conclusion of the hearing, the Planning Commission shall, based upon such hearing, determine whether or not the administrative decision on which the appeal was requested is found to be upheld, amended, or overturned. The Planning Commission shall then place its findings in writing and mail such findings pursuant to Section 1.08.040C of this chapter within 10 days of the hearing to the appellant(s). Such written findings shall be made as follows:

1. If the administrative decision on which the appeal was requested is upheld or amended, the written findings shall constitute a Planning Commission Order to Comply and shall include the following information:

a. A detailed description of the conditions or activities which render a building, structure, premises or portion thereof a public nuisance or otherwise cause a violation of this Code to occur; and

b. A concise statement of proposed methods of abatement and/or compliance; and

c. A timeline during which such abatement must be made and/or such compliance must be attained; and

d. If called for in the cited Code provision, notification that if the nuisance/violation is not abated as called for in subsection (E)(2)(c) of this section, the City shall commence abatement pursuant to Section 10.44.100 of this Code without further notice.

2. If the administrative decision on which the appeal was requested is overturned by the Planning Commission, the appellant shall be so notified pursuant to this subsection and the matter shall be concluded.

F. Abatement proceedings by the City shall be held in abeyance during this hearing process.

G. Within 10 days from the date of the mailing of the Planning Commission Order to Comply, the appellant(s) may appeal the matter to the City Council pursuant to Section 1.08.030 of this chapter.

(Ord. 00-800 § 3 (part))

Except as otherwise specifically provided in this Code, administrative decisions may be appealed to the City Council through the following procedure:

A. All requests for such appeals shall be made in writing to the City Clerk within 15 days of the mailing of the notification of the matter on which the hearing is requested and shall contain the following information:

1. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and/or order;

2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant(s);

3. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be set aside;

4. The signatures of all parties named as appellants and their official mailing addresses;

5. The verification, by declaration under penalty of perjury, of each appellant as to the truth of the matters stated in the appeal.

B. Notice of Hearing. The City Clerk shall serve the Notice of Hearing pursuant to Section 1.08.040C of this chapter of the date and time such matter shall be heard by the City Council. Such notice shall be mailed at least 10 days prior to such hearing.

C. Persons to be Notified. The Notice of Hearing shall be sent to the appellant(s) named in the request for hearing of appeal and any other persons required by law to receive such notification.

D. At the time and place stated in the Notice of Hearing, the City Council shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, City personnel, and other interested persons relative to such administrative decision or other alleged violation of this chapter. The hearing may be continued from time to time.

E. Decision of the City Council. After the conclusion of the hearing, the City Council shall, based upon such hearing, determine whether or not the administrative decision on which the appeal was requested is found to be upheld, amended, or overturned. The City Council shall then place its findings in writing and mail such findings pursuant to Section 1.08.040C of this chapter within 10 days of the hearing to the appellant(s). Such written findings shall be made as follows:

1. If the administrative decision on which the appeal was requested is upheld or amended, the written findings shall constitute a City Council Notice to Comply and shall contain the following information:

a. A detailed description of the conditions or activities which render a building, structure, premises or portion thereof a public nuisance or otherwise cause a violation of this Code to occur; and

b. A concise statement of proposed methods of abatement and/or compliance; and

c. A timeline during which such abatement must be made and/or such compliance must be attained; and

d. Notification that if the nuisance/violation is not abated as called for in subsection (E)(2)(c) of this section, the City shall commence abatement pursuant to Section 10.44.100 of this chapter without further notice.

2. If the administrative decision on which the appeal was requested is overturned, the appellant shall be so notified pursuant to this subsection and the matter shall be concluded.

F. Any abatement proceedings by the City shall be held in abeyance during this hearing process.

G. The City Council may, on its own motion, appeal any administrative decision or any decision of the Planning Commission. An oral motion to appeal made by the City Council in an open City Council meeting shall be considered a written notice for this chapter. Matters on appeal shall not become effective until finally decided by the City Council.

H. The City Council's decision shall be final.

(Ord. 00-800 § 3 (part))

Notice as called for in this Code may be made as follows:

A. Personally Served. Notice shall be considered served when served personally upon the occupant, owner, or agent of subject premises; and/or

B. Posting. Notice may be posted on property; and/or

C. Served by Regular Mail. Notice shall be considered served when it is placed, postage prepaid, in the U.S. Mail; and/or

D. Served by Certified Mail. Notice shall be considered served when it is placed, postage prepaid certified U.S. Mail.

The failure of any person to receive notice pursuant to this section shall not affect the validity of any proceeding so noticed.

(Ord. 00-800 § 3 (part))

Persons to be served notice as called for in this Code shall include but not be limited to the following:

A. The owner or agent of record of the premises about which notice is required. "Owner" as used in this section also means any person, mortgagee or beneficiary having or claiming to have any legal or equitable interest in said premises when known by the City to have an ownership or leasehold interest in the premises, as disclosed by a current title search from any accredited title company.

B. The person occupying, in possession of or in real or apparent charge and control of the premises about which notice is required.

(Ord. 00-800 § 3 (part))