Ventura Municipal Code Art. 6 Administrative Review/Council Appeal

Except as otherwise provided, an applicant may request administrative review of the director’s decision pursuant to this chapter. (Ord. No. 2019-022, § 1, 12-9-19)

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

B. If the request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. (Ord. No. 2019-022, § 1, 12-9-19)

A request for administrative review will be on a form provided by the director and contain the following information:

A. The name, address, and telephone number of the person making the request;

B. 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;

C. A brief description of all grounds for making the request; and

D. Such other information as may be required by the director. (Ord. No. 2019-022, § 1, 12-9-19)

A. Upon request for administrative review being filed, the director will promptly provide a copy of the notice to the assistant city manager.

B. Upon receiving a request for review from the director, the assistant city manager will review the request and, within 10 days of receiving the request notice, provide the appellant with a written notification that:

1. The director’s decision is affirmed;

2. The director’s decision is modified;

3. The director’s decision is reversed and a permit is issued or issued without special conditions.

C. The assistant city manager may, but is not required to, conduct a hearing at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day at 4:00 p.m. at the assistant city manager’s office.

D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director’s decision. (Ord. No. 2019-022, § 1, 12-9-19)

Unless otherwise provided, an applicant may appeal the assistant city manager’s decision to the city council within 10 days of that decision as provided elsewhere in this code or by city policy and procedure. (Ord. No. 2019-022, § 1, 12-9-19)

The applicant may seek, in writing, administrative review by the assistant city manager within one business day of the director’s oral or written notification, whichever is first, of a denial, revocation, or subsequent conditioning.

A. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the director’s decision at 4:00 p.m. in the assistant city manager’s office. The assistant city manager may issue a decision orally at the conclusion of the hearing, but will notify the applicant and the director in writing of the assistant city manager’s decision. Any notification will describe, with particularity, the facts and reasons supporting the decision.

B. The assistant city manager’s decision:

1. Is a final determination without right to city council appeal if applicant waived their right to city council appeal;

2. If the right to city council appeal is not waived, may be appealed to the city council in writing within two business days of either oral or written notification of the assistant city manager’s decision, whichever is first.

C. Applicant will be deemed to have waived their administrative review rights should the applicant fail to:

1. File a completed application at least two days prior to an event;

2. Seek review of the director’s decision; or

3. Attend the administrative hearing personally or through an authorized representative. (Ord. No. 2019-022, § 1, 12-9-19)