Chapter 5-15 APPEAL

Chapter 5-15
APPEAL

Sections:

5-15-020 Applicability.

5-15-010 Purpose.

The purpose of this chapter is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision, or determination, approval or disapproval, made in the administration or enforcement of this code. (Ord. 442 § 29.10)

5-15-020 Applicability.

Any person may appeal the decision of the zoning administrator, planning commission, historic preservation commission, or other administrative official in the administration or enforcement of this code in the manner provided herein. (Ord. 1861 § 1, 2009; Ord. 442 § 29.20)

5-15-030 Procedure.

A. Appeal of Decisions of the Historic Preservation Commission, Zoning Administrator or Other Administrative Officials. Application for appeal may be made to the planning commission by filing with the secretary of the planning commission on a form prescribed by the city of Livermore within 14 days following the decision. In addition, an appeal pursuant to the provisions of this section may be initiated on motion of the planning commission or the city council. An application or motion for appeal shall automatically suspend the action appealed.

B. Appeal of Decisions of the Planning Commission. Application for appeal may be made to the city council by filing with the city clerk on a form prescribed by the city of Livermore within 14 days following the decision. In addition, an appeal pursuant to the provisions of this section may be initiated on motion of the city council. An application or motion for appeal shall automatically suspend the action appealed.

C. Required Data. Application for appeal must be accompanied by a written statement of the basis upon which the appeal is filed.

D. Set Hearing. Within 60 days following the filing of an appeal or the next regular meeting thereafter, the planning commission or the city council, whichever has jurisdiction, shall hold a hearing on the appeal.

E. Notification. At the hearing, the planning commission or the city council, whichever has jurisdiction, shall notify and request a full report from the officer or body whose action is appealed, setting forth the findings and recommendation on the action being appealed. The applicant and/or appellant shall be notified of the date of hearing. If the appealed item requires public notice, the same notification shall be required for the appeal. (Ord. 1861 § 1, 2009; Ord. 1069, 1981; Ord. 442 §§ 29.30 – 29.35)

5-15-040 Action.

The planning commission or city council may affirm, reverse, or modify the decision appealed as deemed just and equitable, provided such action is not contrary to any provision set forth in this code. (Ord. 442 § 29.40)

5-15-050 Review.

Action of the city council may be reviewed by competent courts. (Ord. 442 § 29.50)