Thousand Oaks Municipal Code Art. 1 Appeals

Except where an appeals procedure is otherwise specifically provided in this Code, any person excepting to the denial, suspension, or revocation of a license or permit applied for or held by him pursuant to any of the provisions of this Code, or to any administrative decision made by any official of the City, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, may appeal in writing to the City Manager by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof.

No right of appeal to the City Manager from any administrative decision made by an official of the City pursuant to any of the provisions of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgement exercised pursuant to any of the provisions of this Code.

(§ 2, Ord. 1491-NS, eff. 11-22-07)

The appellant shall file a Notice of Appeal setting out reasons for the appeal with the City Clerk within fourteen (14) days after receipt of the notice of the administrative decision that is the subject of the appeal. Any administrative decision to suspend or revoke any license or permit shall be stayed, if a timely appeal is filed until a decision is issued by the City Manager or designee.

(§ 3, Ord. 1491-NS, eff. 11-22-07)

After the City Clerk’s receipt of the Notice of Appeal, the City Manager or designee shall set a hearing date within a reasonable time, but no more than 60 days after filing Notice of Appeal and provide the appellant with at least ten (10) days notice prior to the hearing.

(§ 1, Ord. 921-NS, eff. May 20, 1986; as amended by § 3, Ord. 1491-NS, eff. 11-22-07)

The City Manager or designee shall hold the hearing and issue a written decision within thirty (30) days of the completion of the hearing. At such hearing the appellant shall have the right to be present at the hearing, review evidence against them, cross-examine witnesses and present evidence on his/her behalf. The decision of the City Manager or designee shall be final.

(§ 4, Ord. 1491-NS, eff. 11-22-07)

Any court action or legal proceedings to attack, review, set aside, void, annul, or seek damages for any final City decision on a permit, license, City entitlement, or any City decision or action taken pursuant to Title 9 of this code, or referred to in Section 1-4.01 of this chapter, shall be commenced and the service of summons effected within ninety (90) days after the date of such final decision or action taken, or if a shorter period of time is prescribed in state law or elsewhere in this code, such shorter period shall prevail.

The time provision of Code of Civil Procedure Section 1094.6 is also made applicable by this section. This section shall not expand the scope of judicial review. Except where a shorter time period is set forth, this Code of Civil Procedure section shall prevail over any conflicting provision, law or code section.

The posted meeting agenda shall contain a notice or, if no agenda, the chairperson of the meeting shall announce to the parties in attendance, that the time within which judicial review must be sought is governed by Code of Civil Procedure Section 1094.6. Thereafter, all persons are barred from filing, commencing or prosecuting any such legal action, or from asserting any defense of invalidity or unreasonableness of such decision, proceeding, determination, or action taken by the City.

(§ 1, Ord. 705-NS, eff. March 29, 1979, as amended by § 4, Ord. 907-NS, eff. February 11, 1986, and Ord. 1165-NS, eff. December 15, 1992)