Westlake Village Municipal Code Part V Appeals

A. Any interested person may appeal the Director's issuance, denial of issuance, renewal, denial of renewal, suspension or revocation of an adult entertainment regulatory permit or adult entertainer permit to the Hearing Officer in accordance with the provisions of this Section.

B. A written appeal must be filed with the City Clerk within ten (10) calendar days after the decision of the Director; provided, however, that if the ten (10) days expires on a date that the City is not open for business, then the appeal period shall be extended to the next City business day. Failure to file a timely appeal petition deprives the Hearing Officer of jurisdiction to hear the appeal.

C. The appeal must indicate in what way the appellant contends the Director's decision was an abuse of discretion or must provide extenuating circumstances that the appellant contends would justify reversal or modification of the Director's decision.

(Ord. No. 166-00, Enacted, 9/27/00)

The effectiveness of any decision of the Director to suspend or revoke an adult entertainment regulatory permit or adult entertainer permit shall be stayed during: (1) the appeal period set forth in this Part; and (2) the pendency of any appeal.

(Ord. No. 166-00, Enacted, 9/27/00)

The Hearing Officer shall conduct a hearing, and take the matter under submission for decision no later than thirty (30) City business days following the timely filing of an appeal, unless the applicant and appellant (if different than the applicant) consent in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be mailed to the applicant and appellant (if different than the applicant) by U.S. mail with a proof of service attached.

(Ord. No. 166-00, Enacted, 9/27/00)

Hearings shall be conducted in accordance with procedures established by the Hearing Officer. All parties involved shall have a right to: (1) offer testimonial and documentary bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness.

(Ord. No. 166-00, Enacted, 9/27/00)

Unless otherwise specifically provided by law, in any hearing under this Section the burden is on the appellant to prove that the determination of the Director that is being appealed is an abuse of discretion or is unreasonable due to extenuating circumstances.

(Ord. No. 166-00, Enacted, 9/27/00)

The Hearing Officer shall, within forty-five (45) City business days from the filing of the appeal, render a written decision supported by findings. The time period set forth in this Section shall not be extended except upon written consent of the appellant and the applicant (if different than the appellant). The decision of the Hearing Officer shall be final. On the date of the Hearing Officer's decision, notice of the decision and a copy thereof shall be mailed by first-class mail, postage prepaid, to the appellant and the applicant (if different than the appellant). Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.8."

(Ord. No. 166-00, Enacted, 9/27/00)

The appellant may seek judicial review of the Hearing Officer's decision in accordance with Section 1.4.010 of this Code or as otherwise permitted by law.

(Ord. No. 166-00, Enacted, 9/27/00)