Division 4 — APPEALS

Except as otherwise provided, an applicant may request administrative review of the administrator's decisions pursuant to this chapter including, without limitation, decisions regarding permit denial. (Ord. 1101, passed 6-21-04)

(A) Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the administrator's decision is served on the applicant/permittee.

(B) If a request is untimely, the administrator may, nevertheless, extend the time for commencing such review for good cause shown, but in no event may a request be filed more than 30 days after notice was served. (Ord. 1101, passed 6-21-04)

(A) A request for administrative review must be on a form provided by the administrator and contain the following information:

• (1) The name, address and telephone number of the person making the request;

(2) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;

• (3) A brief description of all grounds for making the request; and

• (4) Such other information as may be required by the administrator.

(B) A request for administrative review must be accompanied by a fee in an amount determined by City Council resolution.

• (Ord. 1101, passed 6-21-04)

(A) Upon request for administrative review being filed, the administrator will provide a copy of the notice to the City Manager within two business days.

• (B) Upon receiving a request for review from the administrator, the City Manager will review the request and, within ten business days of receiving the request notice, provide the appellant with a written notification that:

• (1) The administrator's decision is affirmed;

• (2) The administrator's decision is modified;

• (3) The administrator's decision is reversed and a permit is issued. Under such circumstances, the fee collected for an appeal must be returned to the permittee within 30 days of the City Manager's decision.

(C) The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion. In the event of a hearing, the rules of evidence will not apply. The City Manager may consider such evidence as the City Manager may deem reliable. The City Manager may adopt such additional reasonable rules of procedure that may facilitate the progression of such a hearing.

(Ord. 1101, passed 6-21-04)

The City Manager's decision is final. There is no right to appeal a decision to the City Council. Any court challenge must be filed within 90 calendar days of the City Manager's decision in accordance with Cal. Civ. Proc. Code § 1094.6.

(Ord. 1101, passed 6-21-04)