San Bernardino Municipal Code Ch. 2.64 Appeals to City Council

The purpose of the appeal procedure prescribed in this chapter is to provide a general method of recourse, in any instance where an appeal to the City Council is not otherwise prescribed by code or other ordinance of the city, available in the event any person is aggrieved by or dissatisfied with any order, requirement, permit, decision or determination made by a city officer, official or department head or by an administrative body of the city in the administration or enforcement of any provision of any local ordinance, code, rule or regulation.

(Ord. 2622, passed 11-17-1964)

The appeal procedure prescribed in this chapter shall not apply when other provisions of this code, an ordinance or resolution provides a method of appeal to a board, commission, committee, a public body or employee in specific cases, and shall not apply to law enforcement activities involving ordinances or state law, or to the decisions of the Civil Service Board. These procedures shall apply to any and all appeals to the City Council authorized in this chapter or in other provisions of the code unless expressly otherwise provided.

(Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984)

Except as provided in § 2.64.020, any person aggrieved by, dissatisfied with or excepting to any action, denial, order, requirement, permit, decision or determination made or issued by a city officer, official or department head or by an administrative board, commission, body or other agency of the city, pursuant to the provisions of any ordinance, code, rule or regulation of the city, may appeal therefrom by filing a written notice of appeal with the City Clerk, directed to the City Council.

(Ord. 2622, passed 11-17-1964)

Any such notice of appeal shall not be valid and shall not be acted upon unless filed within 15 days after the date of the action or decision appealed from. If notice of such action has not been provided in writing, and the appellant had no notice of the hearing at which the action was to be considered, the appellant may, within five days after first becoming aware of such action, demand written notice thereof, and shall have ten days following such notice in which to file the notice of appeal. A prospective appellant who was present at the time the action or decision relating thereto was made shall be presumed to have constructive notice thereof and shall file a notice of appeal within 15 days after the date of the action or decision.

(Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984)

(A) The notice of appeal shall be in writing and shall set forth:

(1) The specific action appealed from;

(2) The specific grounds of appeal; and

(3) The relief or action sought from the City Council.

(B) In the event any notice of appeal fails to set forth any information required by this section, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile his or her notice of appeal.

(Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984)

Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule the matter promptly for public hearing upon the City Council agenda for the first regularly scheduled Council meeting following the sixth day after said timely filing. City Clerk shall promptly give notice to the appellant and affected city parties of the setting of such public hearing.

At the time of consideration of the appeal by the City Council, all evidence and arguments shall be received, but shall be limited to, the specific grounds of appeal and matters set forth in the notice of appeal. The appellant shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The department, agency, city officer, official or department head whose action is being considered shall have the opportunity to answer arguments made and rebut any evidence so offered. The City Council shall review the evidence, findings and record relating to the decision or action. The City Council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the person or entity from whose action the appeal has been taken. In the ruling on the appeal, the findings and action of the City Council shall be final and conclusive in the matter.

(Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984)

The Mayor and City Council shall take all lawful steps to ensure that any appellant aggrieved by said decision of the City Council shall be afforded prompt judicial review if such decision is challenged in court.

(Ord. MC-1075, passed 6-21-2000)