Chapter 1.24
APPEALS BEFORE THE CITY

Sections:

1.24.010    Applicability.

1.24.020    Notice.

1.24.030    Effect of filing notice.

1.24.040    Contents of notice.

1.24.050    Hearing.

1.24.060    Action of appellate body.

1.24.070    Appeals by council members.

1.24.010 Applicability.

Any person dissatisfied with any final decision of any city commission, board or official may appeal such final decision to the city council. Only final decisions may be appealed to the city council.

A. For purposes of this section, a “final decision” is one made by a body or official who, by state or federal law, or by virtue of a provision in this Sonoma Municipal Code or other enactment adopted by the city council, is authorized to make a decision that is binding upon the city and becomes effective without any additional approval or decision by any other body or official. Decisions by a body possessing only advisory powers are not “final decisions” for purposes of this chapter. Unless a city employee is expressly granted final decision-making authority by this Sonoma Municipal Code or other enactment adopted by the city council, the only employee who, acting on his or her own, can make a final decision appealable under this section is the city manager.

B. Except for SMC 1.24.040 and 1.24.070, this chapter does not apply to any final decision the appeal of which is governed by some other provision of this Sonoma Municipal Code and/or state or federal law. (Ord. 05-2013 § 1, 2013; Ord. 97-2 § 1, 1997).

1.24.020 Notice.

All appeals shall be initiated by filing with the city clerk a written notice of appeal on a form provided by the city clerk within 15 days of the date of the decision, together with any applicable fees as determined by council resolution. (Ord. 97-2 § 2, 1997).

1.24.030 Effect of filing notice.

The filing of the notice of appeal shall have the effect of staying the issuance of any permit until such time as the matter on appeal is resolved. (Ord. 97-2 § 3, 1997).

1.24.040 Contents of notice.

The notice of appeal shall state the decision being appealed, its identification number, the identity of the appellant and his interest in the matter, and, unless the appeal is by a member of the city council, shall set forth the reasons which, in the opinion of the appellant, render the decision unjustified or inappropriate. (Ord. 97-2 § 4, 1997).

1.24.050 Hearing.

Upon receipt of a notice of appeal in proper form and payment of required fee, the appellate body shall set a hearing date. (Ord. 97-2 § 5, 1997).

1.24.060 Action of appellate body.

The appellate body shall review the proceedings held by other officers or bodies of which prior decisions or interpretation were made. The appellate body’s decision may affirm or modify the previous decision or interpretation. (Ord. 97-2 § 6, 1997).

1.24.070 Appeals by council members.

Except as otherwise provided by law or ordinance of this city, any member of the city council may, at his/her discretion, appeal any final decision of any city commission, board or official to the city council. If an appeal is made by a council member, there shall be a presumption applied that the reason for the appeal is because the appealed decision or interpretation has significant and material effects on the quality of life within the city of Sonoma. No inference of bias shall be made because of the appeal and no other reason need be stated by the council person in his/her notice of appeal. (Ord. 97-2 § 7, 1997).