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
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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
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rev 8/30/76 RS
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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: