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HomeMy WebLinkAbout0682ORDINANCE NO. 682 (1976 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 4, SECTIONS 1400 THROUGH 1404, TO ARTICLE I OF THE MUNICIPAL CODE, ENTITLED "APPEALS PROCEDURE." BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 4, Sections 1400 through 1404, are hereby added to Article I of the Municipal Code of the City of San Luis Obispo, to read in full as follows: (See attached text.) SECTION 2. This ordinance, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage in the Telegram - Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a regular meeting held on the 20th day of September , 1976, on motion of Councilman Petterson, seconded by Councilman Graham and on I the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: Approved as to content: City Clerk Pro -Tem ~° T Approved as to fo DAVIS, WENDT, MIT ELL & . -ZZX, SINSHEIMER, City torney City Administrative r By Allen Grimes ktm 8/25/76 y C erk ARTICLE I, CHAPTER 4 SECTION 1400. Title. This Section shall be known as the "Appeals Procedure" for the City of San Luis Obispo. SECTION 1401. Right to Appeal. Except where an appeals procedure is otherwise.specifically set forth in this Code, any person excepting to the denial, suspension, or revocation of a 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 deter- mination of such administrative decision involves the exercise of adminis- trative discretion or personal judgment exercised pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the City Clerk a written,notice of such appeal, setting forth the specific grounds thereof. No appeal may be taken to any such administrative decision made by an official of the City pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned, and where an Appeals Board is empowered to consider interpre- tation and enforcement questions, unless such decision to appeal has been considered, by such Appeals Board. No right of appeal to the Council 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 judgment exercised pursuant to any of the provisions of this Code, whether the administrative decision involves the denial, suspension, or revocation of a permit or any other administrative decision. SECTION 1402. Time within which an Appeal Must be Filed. The appellant shall file a notice of appeal with the City Clerk within ten (10) calendar days after the date upon which the administrative decision appealed from is made. In the event the last day of the filing period falls on a non - business day, the appeal period shall be extended to include the next business day, and this rule shall apply whenever an appeal procedure is specifically set forth elsewhere in this Code. SECTION 1403. Hearings: Notice. Upon receipt of the filing of the notice of_ap.peal_in its proper form, the City Clerk shall place the matter on the Council agenda for the next regular meeting of the Council which will be held at least five (5) days after the date of the filing of the notice of appeal. Except in cases of emergency, when the Council may determine the matter immediately, the Council shall set the matter for hearing at a subsequent meeting, but in no event later than thirty (30) calendar days after the date of the filing of such notice of appeal with the City Clerk. The City Clerk shall cause ktm 8/25/76 rev 8/30/76 RS -- - -_ n / ') n /-7 G written notice of such hearing to be given to the applicant not less than five (5) business days prior to such hearing, unless such notice is waived in writing by the applicant. SECTION 1404. Hearings. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action appealed from should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter. ktm 8/25/76 rev 8/30/76 RS rev 9/20/76 FINALLY PASSED this 5th day of October 19 76 , by the following roll call vote: AYES: Councilmen Gurnee, Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: