Siskiyou County Municipal Code Ch. 4 Appeals

Except as otherwise specifically provided in this Code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him pursuant to any provision of this Code, or to any administrative decision made by any official of the County pursuant to any provision of this Code, may appeal in writing to the Board by filing with the County Clerk a written notice of such appeal, setting forth the specific grounds thereof.

Such notice shall be filed with the County Clerk within fourteen (14) days after the receipt of the written notice of such action appealed from, but in no event later than thirty (30) days after the date of such action.

The County Clerk shall forthwith set such matter for a hearing before the Board at a subsequent regular meeting and shall cause notice thereof to be given to the applicant not less than five (5) days prior to such hearing, unless such notice is waived in writing by the applicant. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The Board may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.

The judicial review of any decision made by the Board may be had pursuant to Section 1094.5 of the Code of Civil Procedure of the State only if the petition for the writ of mandate pursuant to said Section 1094.5 is filed as set forth in Section 1-4.05 of this chapter.

(§ I, Ord. 720, eff. January 28, 1977)

(a) Any petition for a writ of mandate to review a decision of the Board shall be filed within ninety (90) days following the date on which the decision becomes final. A decision shall become final on the date it is made. If there is a provision for the reconsideration of the decision, the date the decision becomes final shall be the end of the reconsideration period or the date the reconsideration is rejected, whichever is earlier.

(b) If the petitioner files a request for the record, as set forth in Section 1-4.06 of this chapter, within ten (10) days after the date the decision becomes final, the time within which a petition for a writ of mandate may be filed shall be extended to not later than the thirtieth (30th) day following the date the record is personally delivered or mailed to the petitioner or his attorney of record, if he has one.

(§ II, Ord. 720, eff. January 28, 1977)

The County shall prepare a complete record of the proceedings and deliver such record to the petitioner within ninety (90) days following his written request. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision of a hearing officer, the final decision, all admitted exhibits, all rejected exhibits, all written evidence, and other papers in the case.

(§ III, Ord. 720, eff. January 28, 1977)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

(a) "Decision" shall mean an adjudicatory administrative decision made after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or license, denying an application for a permit or license, or denying an application for any retirement benefit or allowance.

(b) "Party" shall mean an officer or employee who has been suspended, demoted, or dismissed; a person whose permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied.

(§ IV, Ord. 720, eff. January 28, 1977)

At the time the Board issues its decision, written notice shall be sent to the party affected by the decision and/or his attorney of record, if he has one.

(§ V. Ord. 720, eff. January 28, 1977)