Rocklin Municipal Code Ch. 12.01 Appeals Procedure

This chapter shall be known as the "Appeals Procedure" for Title 12.

(Ord. No. 1096, § 3, 5-22-2018)

A. Right to Appeal. Except where a procedure is otherwise specifically set forth in this title, any person objecting to the approval, denial, suspension or revocation of a license, permit or entitlement of any nature, the determination or issuance of which is under any of the provisions of this code, or to any administrative decision made by any city official, if the approval, denial, suspension or revocation of such license, permit or entitlement or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised under any of the provisions of this code, may appeal such decision in writing as set forth in this chapter.

B. Appeals Fees. The city council may establish a schedule for appeals fees by resolution.

C. Appeals regarding Administrative Citations. The regulations set forth in Title 1 of the Rocklin Municipal Code shall govern the appeal of administrative citations, or notices of violation, as such terms are defined in Chapter 1.08, issued for the violation of any provision of Title 12.

(Ord. No. 1096, § 3, 5-22-2018)

A. Appeal to City Manager. If a party is aggrieved by an administrative decision under this Title 12, they may appeal the decision to the city manager by filing a notice of appeal with the city clerk within fifteen calendar days after the date upon which the written administrative decision was deposited in the U.S. mail. The notice of appeal shall contain a statement of the grounds to be relied upon for reversing the decision being appealed. In the event the last calendar day of the filing period falls on a non-business day, the appeal period shall be extended to include the next business day. In the absence of a timely appeal and the payment of any applicable appeal fee, the original administrative decision shall be final.

The city manager shall fix a time and place for hearing such appeal not later than forty-five calendar days after the notice of appeal is received. At least ten calendar days' notice shall be given to the appellant of the time and place of the hearing by serving the notice personally or by depositing it in the United States mail to the address provided by appellant in his/her notice of appeal. The city manager may hear the appeal in person and shall render a written decision within fifteen calendar days of the hearing. The city manager's written decision shall include appellant's right to appeal the decision to the city council.

B. Informal Resolution. Persons denied a permit or otherwise aggrieved by a determination of a city official under this title may meet and/or confer with the city official who issued the decision or the appropriate department head in an effort to informally resolve the matter. Such efforts to informally resolve the matter do not extend the time for filing a formal appeal under subsection A above. In the event the matter is informally resolved prior to the hearing date set by the city manager, the city will refund any appeals fees paid provided the appellant has withdrawn their formal appeal.

C. Appeal to City Council. The decision of the city manager may be appealed to the city council by filing a notice of appeal containing appellant's grounds for appeal with the city clerk within fifteen calendar days after the date upon which the city manager's decision is made. In the absence of a timely appeal and payment of any applicable appeal fee, the decision of the city manager shall be final.

The city clerk shall fix a time and place for the city council hearing of such appeal not later than forty-five calendar days after the notice of appeal is received. At least ten calendar days' notice shall be given to the appellant of the time and place of the hearing by serving the notice personally or by depositing it in the United States mail to the address provided by appellant in his/her notice of appeal.

At such hearing before the city council, the appellant shall show cause on the grounds specified in the notice of appeal why the action appealed from should be reversed. The city council may continue the hearing from time to time; provided, however, that the hearing shall occur and be concluded no later than thirty calendar days after the original date set for hearing. The city council shall render a written decision within fifteen calendar days of the conclusion of the hearing and its decision to affirm, reject or modify the decision of the city manager shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.8.

(Ord. No. 1096, § 3, 5-22-2018)