1-4.01 Right to Appeal.

Any person given the right by this Code to appeal a matter to the Council shall take such appeal by filing in writing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof. Upon receiving an appeal otherwise provided for by this Code, the Council may take one of the following actions:

a. adopt or affirm the action appealed from without hearing, or reduce the proposed penalty and adopt or affirm the remainder of the decision appealed from without hearing.

b. refer the matter back to the body or person appealed from for further proceedings with or without instructions without hearing.

c. decide the matter upon the record, including a transcript, with or without taking additional evidence. If the Council decides a matter under this subsection it shall allow the parties to present either oral or written argument before the Council.

d. decide the matter following a public hearing. (1203, as amended by §1, Ord. 1758, eff. 2/7/91)

1-4.02 Time Within Which an Appeal Shall be Filed.

Unless a different time limit is made applicable by this Code to such appeal, such notice shall be filed with the City Clerk within fourteen (14) days after receipt of written notice of such action appealed from, but in no event later than thirty (30) days after the date of such action. (1203 as amended by §1, Ord. 1758, eff. 2/7/91)

1-4.03 Hearing: Notice.

The City Clerk shall set the matter for consideration before the Council at a subsequent meeting and shall give notice to the applicant not less than ten (10) days prior to such consideration unless such notice is waived in writing by the applicant. The appellant shall bear the burden of proof on the grounds specified in the notice of appeal why the action excepted to should not be approved. The Council may continue the matter from time to time, and its findings on the appeal shall be final and conclusive in the matter. (1203, as amended by §1, Ord. 1758, eff. 2/7/91)

1-4.04 Judicial Review of Administrative Determinations; Applicability of Code of Civil Procedure Section 1094.6.

Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the City of Walnut Creek, its City Council or any of its Commissions, boards, officers, employees or agents, shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§1, Ord. 1696, eff. 9/16/88, as amended by §1 Ord. 1758, eff. 2/7/91)