Morgan Hill Municipal Code Ch. 1.20 Appellate Procedure

Except where an appeals procedure is 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 provision of this code, or to any administrative decision made by any official of the city, if the denial, suspension or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised 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. Employment decisions regarding at-will employees, e.g., department directors, are not subject to the appeals process.

(Ord. 1197 N.S. § 1 (part), 1994: Ord. 292 N.S. § A (part), 1971)

No appeal may be taken to any such administrative decision made by an official of the city pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned.

(Ord. 292 N.S. § A (part), 1971)

No right of appeal to the council from any administrative decision made by an official of the city pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, whether the administrative decision involves the denial, suspension or revocation of a permit or any other administrative decision.

(Ord. 292 N.S. § A (part), 1971)

The appellant shall file a notice of appeal with the city clerk within fifteen days after receipt of written notice of administrative decision concerned.

(Ord. 292 N.S. § A (part), 1971)

Upon receipt of the filing of the notice of appeal in proper form, the city clerk shall set a public hearing thereon before the city council to be held within thirty days from the receipt of the notice of appeal. The city clerk shall cause written notice of the time and place of the hearing to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the applicant. No publication of the notice of hearing need be made unless required by state law.

(Ord. 292 N.S. § A (part), 1971)

At such hearing, the appellant shall show cause on the grounds specified in the notice of appeal why the action appealed from should not be approved. Upon conclusion of the hearing, the city council shall, within fifteen days, declare its findings based upon the facts presented to it on the appeal. The council may continue the hearing from time to time, but in no case more than sixty days. It may sustain, modify, reject or overrule any recommendations or rulings of the agency or department head from which the appeal was taken. The council shall make written findings which can be incorporated in the minutes within fifteen days after the conclusion of the hearing, and its findings on the appeal shall be final and conclusive in the matter.

(Ord. 292 N.S. § A (part), 1971)

The relocation appeals board created pursuant to Health & Safety Code Section 33417.5 is designated to hear appeals on the eligibility for, or the amount of, any payment(s) of relocation assistance authorized by Chapter 16 (Section 7260, et seq.) of Division 7 of Title 1 of the Government Code. Any entity or person appealing any determination by any officer, body, department or agency of the City of Morgan Hill regarding the eligibility for, or the amount of, any payment of said relocation assistance shall file an appeal with the relocation appeals board and all such appeals shall be governed by the grievance and appeals procedures adopted by the Morgan Hill Redevelopment Agency.

(Ord. No. 1924 N.S., § 1, 3-18-2009)