Woodlake Municipal Code Ch. 1.13 Administrative Appeals

As to any matter, which the city council by ordinance or resolution makes subject to the provisions of this section, the appeal to the city council and its review shall be controlled by the following rules:

A. An appeal from a finding, decision or action of an official of the city shall be taken by filing a written notice of appeal within ten calendar days after the finding, decision or action is announced to the person affected, or, in those cases where written notice of the finding, decision or action is required, within ten calendar days after the mailing of the notice of the finding, decision or action. The finding, decision or action shall be final unless such written notice of appeal is filed within said ten day period. A notice of appeal must be in writing, must be filed with the city clerk and must state specifically the claimed error or abuse of discretion. The city council shall consider only the issues raised in the notice of appeal as a basis for appeal. The appellant, with approval of the city council, may amend the written notice of appeal to include additional issues, before submission to the city council for decision.

B. Upon the filing of the notice of appeal, the city officer or employee shall transmit to the city clerk copies of all documents pertaining to the matter under appeal, a transcript of testimony as the appellant shall specifically request and pay for, and a summary of all of the evidence presented. The city shall recover from the appellant the costs of preparation of any transcript of testimony requested by the appellant.

C. The city clerk shall give notice to the appellant, the applicant (if the applicant is not the appellant) and to the responding city officer or employee of the date when the appeal will be heard by the city council. In addition, the city clerk shall give such other notice as may be required by law or ordinance.

D. At the hearing on appeal, the city council shall review the documents pertaining to the matter, offered summaries of the evidence, such transcript of testimony as may be furnished; and will hear such testimony as is relevant to the issues raised in the notice of appeal and any amendments thereto. Oral evidence shall be taken on oath or affirmation. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues on appeal even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If a party does not testify on her/his own behalf she/he may be called and examined as if under cross examination. The hearing need not be conducted according to technical rules of evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but may be expressly or implicitly rejected by the council if deemed unreliable. The rules of privilege shall be effective to the extent that they are otherwise required by constitution or statute to be recognized at a hearing. Irrelevant and unduly repetitious evidence shall be excluded. At the conclusion of the hearing, the city council may affirm, reverse or modify the finding, decision or action, or may refer or remand the matter back to staff for further action.

E. The decision of the city council shall constitute the final administrative order or decision of the city. The city clerk shall cause a copy of the city council's written decision to be served by first-class mail on the appellant specified in the written notice of appeal. Service of the city council's decision shall be complete on the fifth day after the date it is mailed by the city clerk to the address provided by the appellant on the notice of appeal.

F. Except when otherwise mandated by applicable law, judicial review of a decision of the city council made after a hearing pursuant to this section shall be made pursuant to Section 1094.6 of the California Code of Civil Procedure where and to the extent said section may be applicable.

G. The provisions of this section shall be applicable only where there is a specific reference to this section by resolution or ordinance, directing that the provisions of this section shall control, or where the right of appeal is expressly granted but no superseding appeal procedures are specifically provided.

H. When requested, notices of appeal to city council should be provided in alternative formats to accommodate accessibility requirements for persons with disabilities.

(Ord. No. 601, § 3, 1-11-2016; Ord. No. 616, § 2, 11-13-2017)