Chapter 11.54
APPEAL OF DIRECTOR’S DECISIONS UNDER THIS TITLE

Sections:

11.54.010    Appeal of director’s decisions under this title.

11.54.010 Appeal of director’s decisions under this title.

A. Except as otherwise provided in the applicable chapter, any person who is aggrieved by the notices, orders, decisions, or determinations made by the director relative to the application of any standards under this title may appeal to the city manager.

B. Such appeal shall be in writing and must be filed with the director not less than 10 calendar days following the date of service of the director’s order, decision or determination on the person aggrieved. The appeal must indicate a return address, set forth the basis for the appeal, include the applicable appeal fee as set by city council resolution, and must be filed with the director’s office. If the appeal deadline falls on a day City Hall is closed, then the deadline shall be extended until the next regular business day.

C. As soon as practicable after receiving the written notice of appeal, the city shall fix a date, time and place for hearing before the city manager. Written notice of the time and place for the hearing may be served by personal service, facsimile or by first class mail, at the return address indicated on the written appeal. Service of the appeal notice must be made at least 10 calendar days prior to the date of the hearing to the person aggrieved. The notice shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail. The failure of the person aggrieved to receive such notice of the hearing shall not affect the validity of any proceedings under this chapter.

D. The city manager shall conduct an orderly, fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs as follows. The city manager shall administer oaths and accept testimony by declaration under penalty of perjury relating to the issues presented on appeal. The person aggrieved, or his or her agent or attorney, or any other interested person may present testimony or evidence concerning the issues presented on appeal. For purposes of an appeal hearing, a valid notice, order, decision, or determination of the director shall be prima facie evidence of that fact.

E. The city manager shall make findings based on the record of the hearing and make a written decision based on the findings. The city shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the appellant within 10 calendar days after the hearing.

F. The city manager may reduce, waive or modify any penalties, conclusions or conditions stated in the director’s notice, order, decision or determination if mitigating circumstances are shown and the city manager states specific grounds for reduction, waiver or modification in the written decision. The decision of the city manager shall be final, subject only to further review in a court of competent jurisdiction pursuant to state law. There are no appeals to the city council.

G. Failure of an aggrieved person to file an appeal and appear for a hearing in accordance with the provisions of this section shall constitute a waiver of that person’s rights to administrative determination of the merits of the director’s order, decision or determination, and shall also constitute a forfeiture of any fines, costs and appeal fees. If no timely appeal is filed to the city manager, the director’s notice, order, decision or determination shall be deemed a final administrative order. Failure to appeal a decision to the city manager shall also constitute a failure to exhaust the aggrieved person’s administrative remedies. (Ord. 10-1987 § 20, 2010.)