Sacramento Municipal Code Art. VI Appeals

Any permittee aggrieved by the director's decision to suspend, revoke, or modify a permit issued pursuant to this chapter, may appeal the decision by filing a written notice of appeal with the director within ten (10) calendar days from the date of service of the notice of decision. (Ord. 2015-0016 § 4)

Any aggrieved person may appeal the decision of the director to grant an application for a food vending vehicle property permit by filing a written notice of appeal with the director within twenty-five (25) calendar days from the date of service of the notice of decision. (Ord. 2015-0016 § 4)

A. A written notice of appeal required by this chapter shall contain:

1. A brief statement in ordinary and concise language of the specific decision appealed;

2. A brief statement in ordinary and concise language of the reasons why it is claimed the protested decision should be reversed or otherwise set aside, any material facts claimed to support the contentions of the appellant, and the relief sought;

3. The signatures of all appellants and their official mailing addresses; and

4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal. (Ord. 2015-0016 § 4)

A. All appeals shall be heard by a hearing examiner appointed pursuant to Section 8.04.070.

B. Upon receipt of any appeal filed pursuant to this section, the director shall transmit the appeal to the secretary of the hearing examiner who shall calendar it for hearing as follows:

1. If the appeal is received by the director not later than fifteen (15) days prior to the next regularly scheduled appeal hearing date, it shall be calendared for hearing on that date.

2. If the appeal is received by the director less than fifteen (15) days prior to the next regularly scheduled appeal hearing date, it shall be calendared for hearing on the next subsequent appeal hearing date.

C. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

D. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing. (Ord. 2015-0016 § 4)

5.68.290

Failure of any person to file a timely appeal in accordance with the provisions of this chapter constitutes an irrevocable waiver of the right to an administrative appeal a failure to exhaust administrative remedies. (Ord. 2015-0016 § 4)