Sierra Madre Municipal Code Ch. 2.68 Standard Appeal Procedure

A standard appeal procedure is established for those parts of this code which specifically permit an appeal to the city council from the decision of a city officer or employee. This chapter shall not apply to those parts of this code that specifically provide for an alternative appeal procedure.

(Ord. 1084 § 1 (part), 1992; Ord. 1058 § 4 (part), 1989; prior code § 2900)

An appeal must be filed with the city clerk within ten consecutive calendar days after the written notice of decision is deposited in course of transmission with the United States Postal Service.

(Ord. 1084 § 1 (part), 1992; Ord. 1058 § 4 (part), 1989; prior code § 2901)

An appeal shall be in writing, and shall state therein the basis for such appeal.

(Ord. 1084 § 1 (part), 1992; Ord. 1058 § 4 (part), 1989; prior code § 2902)

A filing and processing fee in an amount as set by resolution of the city council shall be paid to the finance director contemporaneously with the filing of an appeal.

(Ord. 1084 § 1 (part), 1992; Ord. 1058 § 4 (part), 1989; prior code § 2903)

Upon receipt of a written appeal and proof of payment of the required fee, the city clerk shall set the matter on the council agenda for consideration by the city council at its next regularly scheduled meeting, and give the appealing party and any other person requesting the same, at least five consecutive calendar days written notice of the time and place of such hearing.

(Ord. 1084 § 1 (part), 1992; Ord. 1058 § 4 (part), 1989; prior code § 2904)

At the time and place for the de novo hearing upon said appeal, the city council shall give any person interested in such matter a reasonable opportunity to be heard. The burden of proof in the appeal shall be on the appealing party to show that the appealed decision was arbitrary, unreasonable or not in conformity with the provisions of this code. The determination of the city council shall be in accordance with the standards set forth in this code relating to the subject to such appeal. The decision of the city council shall be final and conclusive.

(Ord. 1084 § 1 (part), 1992; Ord. 1058 § 4 (part), 1989; prior code § 2905)

The city clerk shall give written notice of the city council's action, within five days, to the appealing party, and any other person requesting the same.

(Ord. 1084 § 1 (part), 1992; Ord. 1058 § 4 (part), 1989; prior code § 2906)