San Clemente Municipal Code Art. V Appeal Procedure

A. Informal Appeal. .....An appellant may informally seek relief from an order of suspension of an alarm system permit by presenting evidence to the Communications Director that the deficiencies in the alarm system, or its operation, have been rectified. The evidence must be presented within days of the effective date of suspension. Within five (5) days of the date upon which the evidence was presented, the Communications Director shall notify permittee of his decision. In the event informal relief is not granted, appellant has an additional fifteen (15) days, from the date of notification of decision by the Communications Director, to file a formal appeal.

B. Formal Appeal. .....Any person aggrieved by any decision of the Communications Director, including but not limited to the decision to approve or deny an application for a permit, to renew such permit, to suspend a permit, or to require reimbursement for excessive false alarms, shall have the right of appeal to the City Council. An appeal must be perfected within fifteen (15) days after notice of the decision of order of suspension by filing with the City Manager a letter of appeal, which will be forwarded to the City Council, stating therein the basis for such appeal.

(Prior code § 20A-23)

Failure to seek informal relief within said fifteen (15) days and/or to file a letter of appeal within said fifteen (15) days, shall constitute a waiver of appellant's right to a hearing. The City Manager in his discretion may nevertheless grant such a hearing.

(Prior code § 20A-24)

The City Manager shall fix the time and place of the hearing before the City Council at a date no more than twenty (20) days after his or her receipt of the letter of appeal. The City Manager shall give the appealing party and any other persons requesting the same at least five (5) days' notice of the time and place of such hearing. The notice shall be substantially in the following form, but may include other information:

"You are hereby notified that a hearing will be held at _______ on _______ at the hour of _______ at which time you may show cause why the appeal you have filed should be sustained."

(Prior code § 20A-25)

At the time and place set for the hearing upon the decision of the Communications Director, the City Council shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the Communications Director should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was not substantial evidence to support the decision of the Communications Director.

(Prior code § 20A-26)