Solvang Municipal Code Ch. 6 Appeal Procedures

Whenever an appeal to the city council from an act, ruling or determination of a board, commission or officer, or from a denial, suspension or revocation of a permit or license, is allowed by a provision of this code, the procedures set forth in this chapter shall apply.

(Ord. 99-201, 1999)

A. Time for Filing.

1. The person aggrieved by an act or determination of an officer, board or commission shall file a written notice of appeal in duplicate with the city clerk, not later than 10 calendar days after the act or determination appealed from, or such other shorter or longer period as set forth under a specific provision of this code governing an appeal from the issuance, denial, revocation or suspension of a permit, approval, decision, license or privilege. As used herein, a "person aggrieved" is a person interested in such act or determination, whether as a party to the matter giving rise to the act or determination, or as a member of the public generally interested. The city council may be considered a "person aggrieved" for purposes of filing an appeal under this chapter. A city council member may individually be considered a "person aggrieved" for purposes of this chapter, but such council member shall not sit as a member of the city council in consideration of an appeal brought by the city council member.

2. If the board, commission or officer makes a decision as the result of a hearing and announces that decision on a date other than a date specified for the hearing or continued hearing of the matter before the board, commission or officer, any person who appeared thereat and addressed the board, commission or officer in connection with such matter may file the notice of appeal not later than 10 calendar days, or less as the case may be, after actual notice of the decision of the board, commission or officer, or 10 calendar days, or less as the case may be, after the mailing of notice by the board, commission or officer of the determination to such a person in the manner provided in this chapter, whichever first occurs. The board, commission or officer shall make and file a declaration of mailing.

3. Timely filing of the notice of appeal shall be a jurisdictional requirement.

B. Contents. Every notice of appeal shall contain a statement of the facts upon which it is based and the relief requested in sufficient detail to enable the city council to understand the nature of the controversy and the parties concerned.

C. Appeal Fee. The notice of appeal shall be accompanied by an appeal fee, the amount of which may be set from time to time by the resolution of the city council. An appeal fee shall not be required in the event the appeal is filed by action of the city council; however, the fee is required if the appeal is filed by an individual council member.

(Ord. 99-201, 1999; Amd. 2001 Code)

A. The board, commission, officer or officers from whose act or determination the appeal is taken shall be considered the respondent. In cases where an officer appeals from the determination of a board or commission, the commission and the party or parties who are applicants of real properties in interest shall be considered the respondents. Notice shall be given by mail to the interested private parties.

B. Upon receipt of the notice of appeal, the city clerk shall submit to the city manager a written report on the matter which is the subject of the appeal.

C. Upon receipt of the notice of appeal, the city clerk shall promptly transmit to the city manager the original or certified copies of the minutes of the hearing, if any, and the decision or determination together with a report thereon and all other papers constituting any part of the record upon which the determination or act was based.

D. When an appeal is taken from a denial of a permit or license or from an act or determination where there has been no hearing or formal written decision, the respondent, upon receipt of the notice of appeal, shall immediately prepare and submit to the city manager a report setting forth the nature of the act or determination and the reasons therefor.

E. The city manager shall review the record and report and shall place the matter upon a regular agenda for city council action. Upon selection of an agenda date, the respondent shall cause notice thereof to be given the appellant, the applicant and to such other persons as may have an interest in the matter and have previously identified themselves in connection therewith.

(Ord. 99-201, 1999)

If, in the opinion of the city council, the facts stated in the notice of appeal do not warrant a hearing, the appeal may be dismissed forthwith and the decision of the respondent board, commission or officer shall thereupon become final.

(Ord. 99-201, 1999)

Where there has been a prior hearing before the respondent board, commission or officer, and the city council determines that new and material evidence not previously presented to the respondent is available and such evidence could not with reasonable diligence have been discovered and produced at the prior hearing before the respondent, the city council may order that the respondent rehear the matter. Written notice of the rehearing shall be given the respondent and mailed to the appellant and to such other persons as may have appeared and addressed respondent at the prior hearing in connection with such matter, at least seven calendar days before the date of the rehearing, and no other notice need be given.

(Ord. 99-201, 1999)

A. Schedule and Notice. If the city council finds that the facts stated in the notice of appeal, and the appellant's application, if any, constitute a matter of sufficient substantiality to warrant a hearing in the public interest, it shall set a time for the hearing and shall cause notice thereof to be given to the appellant, the respondent and to such other persons as may have an interest in the matter and have previously identified themselves in connection therewith.

B. Service by Mail. Whenever notice is required by this chapter to be given or the service of reports, documents or papers is required or is directed by the city council to be made, the notice or service may be given or made by addressing the same to the party or parties at the last address known and depositing the same, postage prepaid, in the United States mail.

C. Hearing. Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the council. The hearing shall be de novo, in that an independent reexamination of the matter shall be made. The appellant shall have the burden of proof in all cases, and where it appears that an appellant was served with notice of hearing but fails to appear either in person or by counsel, or fails to present or offer evidence, the city council may adopt the determination or approve the act of the board, commission or officer, or it may itself decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the mayor shall exclude irrelevant, immaterial or unduly repetitious evidence. Unless demand is made, witnesses will not be sworn. The city council shall not be bound by the technical rules of evidence used by the courts in considering civil or criminal actions.

(Ord. 99-201, 1999)

Upon the hearing of the appeal, the city council may refer the matter back to the respondent board, commission or officer, with directions, for further consideration, or it may reverse, affirm or modify the determination or action of the respondent, and it may make such decision or determination as may appear just and reasonable in the light of the evidence presented, and its decision or determination shall be final and conclusive. The decision shall be entered in the city clerk's minutes as a motion unless otherwise required by law. Testimony taken at hearings on appeal, if recorded, will not be transcribed or filed except upon the request of a party thereto accompanied by payment of the administrative costs and expense of transcription.

(Ord. 99-201, 1999)

At the close of the hearing of the appeal, the city council shall prepare written findings if, prior to adjournment, the appellant or an aggrieved party requests the city council to make written findings. In such event, the city council shall direct the city attorney to draft a resolution containing the facts found to be true, which findings shall be considered and adopted by motion or resolution at a regular meeting of the city council not later than two weeks next following the close of the appeal hearing. The findings shall include the reasons for the city council's ruling, including, but not limited to, findings of fact, if any, required by the code sections or ordinance upon which the appeal is based.

(Ord. 99-201, 1999)

A. The provisions of Code of Civil Procedure section 1094.6 shall be applicable to any petition for judicial review of an adjudicatory administrative decision of any commission, board, legislative body, officer or agent of the city.

B. Any such petition for judicial review shall be filed not later than the ninetieth day following the date the decision becomes final, unless a shorter statute of limitations is applicable.

1. If there is no provision for reconsideration of the decision in any statute, charter or rule, for the purposes of this section, the decision is final on the date it is made.

2. If there is such a provision for reconsideration, the decision is final, for purposes of this section, upon the expiration of the period during which such reconsideration can be sought, provided that if reconsideration is sought pursuant to any such provision, the decision is final, for purposes of this section, on the date that reconsideration is rejected.

(Ord. 99-201, 1999)