HomeMy WebLinkAbout73-08 - Establishing Appeal Procedures1 ORDINANCE NO. %3-8
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA ESTABLISHING APPEAL PROCEDURES
3 FOR APPEAL FROM THE DECISION OF THE CITY STAFF,
THE PLANNING COMMISSION, OR THE CITY COUNCIL.
4
5 THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
6 ORDAIN AS FOLLOWS:
7 SECTION 1. The City Council of the City of Costa Mesa
8 finds and declares that it is essential for the efficient operatic:
9 0£ the city government that procedures be established for appeals,
10 reviews and re -hearings of the decisions of the staff and lesser
11 advisory bodies. The City Council further finds and declares
12 that it is essential that guidelines be established and grounds
13 be set forth for the granting and hearing of appeals, reviews, and
14 re -hearings of the aforementioned decisions. The Council further
15 finds and declares that the Constitution requirements of due
16 process of law, and the health, safety and welfare of the
17 community require that the procedures and grounds for appeals,
18 reviews and re -hearings be set forth, guaranteeing equal treat -
19 ment for all before the council, its commissions and departments
20 0£ city government.
21 Accordingly, the following Article 10 of Division II is
22 added to the Costa Mesa Municipal Code which reads as follows:
23 SECTION 2. "CHAPTER III
ADMINISTRATION
24 ARTICLE 3
Review, Re -Hearing and
25 Appeals Procedure
26 Section 1. PURPOSE. The purpose of this ordinance
27 is to provide an orderly and fair method of appeal, review or
28 re -hearing of decisions of the staff, committees, commissions and
29 Council of the City.
30 Section 2, CITY COUNCIL - AUTHORITY.
31 A. Any decision, finding, action or ruling of
32 any member of the city staff, any city committee or commission
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1 may be reviewed by the City Council upon its own motion.
2 B. The City Council may, in its discretion,
3 grant re -hearings upon its own motion or upon the application of
4 any person firm or corporation having business before the Council
5 as hereinafter provided for.
6 C. The City Council shall be the final authority
7 and its decisions shall be un -appealable (except in proceedings
8 in a Court of competent jurisdiction), in all re -hearings,
9 appeals, or reviews as provided for herein.
10 Section 3. GROUNDS FOR APPEAL AND REHEARING. Any
11 application for an appeal from decision of any member of the City
12 staff, any City committee or any City commission, or any applica-
13 tion for re -hearing on any matter decided by the Council shall be
14 based upon any one or more of the following grounds:
15 A. The presence of any relevant or material
16 evidence not available or not heard at the time of the original
17 consideration of the matter appealed or subject to re -hearing.
18 B. The presence of any procedural error of the
19 city, its employees, committees, commissions or council which
20 precluded a full and complete consideration of the matter
21 appealed from or to be reheard.
22 Section 4. TIME LIMITATIONS APPEALS AND RE -HEARINGS.
23 All applications for appeals or re -hearings must be
24 filed with the City Clerk within the time limits hereinafter set
25 forth:
26 1. In all instances not later than ten (10)
27 days from the date of the final decision, finding, ruling or
28 action appealed from, or subject to an application for re -hearing.
29 2. In all instances involving construction
30 projects, before foundation building permit is issued.
31 Section 5. TIME LIMITATION - PERMITS. No permit
32 shall be issued on any matter requiring a permit until ten (10)
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days following final action on any application relating to said
permit; provided, however, that if City waives its right to
review and applicant waives his right to appeal or for re-
hearing, said permit may be issued at a sooner time. Such
waiver in either event shall be in writing.
Section 6. PROCEDURE - FORMS. Any person, firm
or corporation appealing any decision, finding, action or
ruling of any member of the City staff, City committee or City
commission, or applying to the City Council for a re -hearing
shall complete the following requirements and procedures:
A. Make application on forms provided for by
the City setting forth the new evidence relied upon, alleged
procedural error, if any, and such other information applicant
feels will be material and relevant to the appeal or re -hearing.
Section 7. NOTICE OF APPEAL OR RE -HEARING.
Notices of appeal, re -hearings, or review shall be given in
the following instances in writing:
A. To the applicant for appeal or re -hearing
or whose matter is being reviewed in all cases and in writing.
B. To the owner of any real property involved
in any review, appeal or re -hearing and to all owners within
300 feet of said property, as said ownership appears on the last
tax roll of the County of Orange.
C. By posting said property.
D. By publication in a local newspaper at
least one (1) week prior to said hearing.
E. In writing to any other person having
requested notice in writing of any action pending on the matter
reviewed, appealed or subject of a re -hearing.
Section S. ORDER OF APPEAL. Applications for
appeal or re -hearing shall be made in the following order:
A. From a decision, ruling, finding, order or
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action of the City staff, to the department head.
B. From a decision, ruling, finding, order or
action of the department head to the City Manager, except in
the case of planning matters which shall be appealed from the
Director of Planning to the Planning Commission.
C. From the City Manager to the City Council.
D. From the Planning Commission to the City
Council.
E. From the ruling, finding, order or action
of any City committee or commission directly to the City Council.
Section 9. EXCLUSIVE PROCEDURES. The procedures
set forth in this Article are the exclusive methods by which
appeals, re -hearings,- and Council reviews may be pursued and
none of the steps set forth herein may be waived or omitted,
except in the case of Council review as provided for herein,
and then any step except the requirement of notice may be
waived or omitted.
SECTION 3. This ordinance shall take effect and be in
full force and effect thirty (30) days from and after its passage,
and before the expiration of fifteen (15) days after its passage,
shall be published once in the Orange Coast Daily Pilot, a news-
paper of general circulation printed and published in the City
of Costa Mesa, together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this _[fssA day of
1973.
Mayor Of
the City of costa Mesa
ATTEST:
_6 L_7ttjj_wLa.4
City Clerk of the City
Costa Mesa
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I STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
2 CITY OF COSTA MESA )
3
4 I, EILEEN P. PHINNEY, City Clerk and ex-officio Clerk of
the City Council of the City of Costa Mesa, hereby certify that
5 the above and foregoing Ordinance No. 73-8 was introduced and
considered section by section at a regular meeting of said City
6 Council held on the 2,%4 day of 9900 .Q. , 1973, and
thereafter passed and adopted as a w le at a regular meeting of
7 said City Council held on the 1J" day of 1973
by the following roll call vote:
8 _
9 AYES: COUNCILMEN: N'• Oi j
10 NOES: COUNCILMEN: /k--�
11 ABSENT: COUNCILMEN:-A-414/
12 IN WITNESS WHEREOF, I have hereby set my hand an affixed
the Seal of the City of Costa Mesa this f %1d day of
13 1973.
14
15 E42,-,.J
City Clerk and ex-officio Clwk
16 of the City Council of the CIfty
17 of Costa Mesa
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA)
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am a principal clerk of the ORANGE COAST DAILY PILOT,
a newspaper of general circulation, printed and published
in the City of Costa Mesa, County of Orange, State of Col.
Hernia, and I certify
City Orrdinanne No. 71 -
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on April 21,1973
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on April 21 � 197_,3
at Cos
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex-offido Clerk of the City Council
of the City of Costa Mesa, hereby certify that Ordinance No. 73-8 was introduced and can-
sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the
2nd day of April , 197 , and thereafter passed and adopted as a whole
at a regular meeting of said City Council held on the 1 F*R day of Anri l , 1973,
by the following roll -call vote:
AYES: COUNCILMEN -Nnmmcrr, pi.nkicy, wit,„ , Racifi
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN -
I FURTHER CERTIFY that said Ordinance No. 73-8 was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
21st day of April , 1973
City Clerk and ex -officio Clerk of the,64ty Council
of the City of Costa Mew
PUBLIC NOTICE
ORDRIANCE NO. 734
AN ORDINANCE OF THE CITY COON,
CIL OF THE CITY OF COSTA MESA
ESTABLISHING APPEAL PRO
CEDURES FOR APPEAL FROM THE
DECISION OF THE CITY STAFF, THE
FUNNING COMMISSION, OR THE
C Y COUNCIL.
H
OITY
F COSTIq MESA COUNCIL
HERESYOR.GAIN AS FOLLOWS:
Pit call 0ns 0' ORDER OF APPEAL. Ap
Ee made In Me following oreereal dira aring aryall.
A. FrOm.-deehilon, ling, finding.
order or action or Me City doff, to the
tleparlment head.
0. From a llshtpOmer or actonete departmenQ
To IN City Manager, except In the caas
omal d from MeMattel.
Direct., ofaddil Plann nap
g 1.
CC.PFrome City lManager to the City
miceil.
the
D.ity
m the lPlanning Commission to
E. From the ruling, if Ing ower Or
aclto0 of ant City comm1. w mm
to in.
Section ect
9�rEECLUSIVE PROCEDURES.
The pro Ones set to aM In this AmCle
Phials,are ehm
earings, and Contact which "We
may he. din ued and none of the or Nu set
is or int,
rcpt 'n M¢may of COuncll revlew i
'Provided for heroin, entl then any a ex.
cap' the rryulremMt Of n011<e may pe
waived nr emlfkd.
s6Ca ON S. This tttlllwna aha11 take
, _ I be In full farce and it I hill
ADMINISTRATION
PASSED AND ADOPTED this 1day
6M
ARTICLE S
of April. TIM,
R¢New, Rehearing and
Jack Hammett,
, Appeals Procedure
Mayor pl the Clty of Costa Mesa
` Sedien 1. PURPOSE. Tile purpose of
ATTEST:
!but Ordinance ,s M Providean elderly
Eileen P. Phlnney.
d lair method of SP a, lew, or re-
Sepia,ay
City Clerk Of the Illy of
heating 01 decisions f the staff, Per-
Costa Maya
Iffeas, cpmmlaslow am Council of the
STATE OF CALIFORNIA )
city.
COUNTY 'OF ORANGE 1 as.
SBtlon. S. CITY COUNCIL —
CITY OF COSTA MESA 1
AUTHOR,TY.
- 1, EILEEN P. PHINNEY, City 'Clerk
A. Any decision, TIMMS, action or rub
d <xoNill. Clerk el the City Council W
Ing of any memipr of me -ch, Staff, any
Me City IT Costa Mesa, herby certify Met
city co 'Mee IssNn mat Of
The above and f0rpolng Ordinance No. 93.
r lamed by the City COSCH Open 115
B pee. Inhplucee and considered section
Own motion.
S. The Council
bye eLOan t A repute, ting laid
C11� Council held the
,City may, In it,
discretion, grant rMps eerhupon Its
on 20d eey Of April.
1913, and Merealhr Passed d edopkd
WIOn- r upon flit application of
hole f regular pilo of weld
Any ttfson, firm or rorparaNm M1avMb
'b1N5s
City Council field on the HIT day of Aprils
u5i before he Galeal a
l9A by the following roll can .is.
- hereinafter pmvlded for. -
%S: 000NCILMEN: He mmef f,
C. The City Council Shelf ke the Ileal
Jwtl Pinkley, Wilson, Raclll.
" authority and ITS decisions shall be On-
` NO '.COUNCILMEN: None.'
Appealable (except In pmceedllga. la
AO ENPa COUNCILMEN: None
Court of competent mlmlcflon), In all
I r IT ESS WHEREOF, I M1ave hereby
M1brings, appeals, or reviews as pro
��`C1,1% hand and affixed the Seal of The
ided for Mreid.
oA Costa Meu MIs )HIT day April,
SediOn 3. GROUNDS -FOR APPEAL
TIM. of
IM.
AND REHEARING. Any egallcatld for.
T
an al om aToupf
Me city Starff, anility committee or any
City Clerk and �gMlClo Clerk
on far
.yom
applicatlay
CITY Council Mibp City
01 iCOSla
rl hearing
onTY anny tter decided Me
Mhe
Of
Council shall
be based upon any one or
Published Orange Coast Golly Pilo,,
more Of the
oThe
fOrtowing grwnds:
APfll'31, 19A I1BLt3
AA presence of arc/ Toenail O
material evlbence not available a mo
heard of me lime of me original con
sideration OF the matter appealed or
'
subject to rehearing.
B.
B. TM1e prawn a of any proceemal a, -
nor of the city, its employes, corm,
IniMees, commis'
mmisalfons a council which
full and complete, aoM
m�a
Me matter appeal" from
or to be nmeard.
SACHN 4. TIME LIMITATIONS AP -
0 EAU AND RE -HEARINGS. All aP
Plications for appeals or re-hearingsmWf
bB filed with the City Clark wlMlnthe
time limits hereinafter »1 forth:
I.In all instances not Teter than ten
(10). data from The data of Me final
decision, finding, ruling or action so -
M in iP
pooled fro.'"kaffioa
TO, fe-hea!'IIg'eCt
1. In all InstaMC imrolAng com
Structlpn prolects, OsfOfe feumJaticn
bonding Permit is issued,
Seclhm s. TIME LIMITATION —
-
PERMITS. NO permit sbell he lowed on
" mi metier etirao bine fenfJF unfit ten
rnaierw xod,talo""t To IN appeal or
ra heaths
Section 3. NOTICE OF APPEAL OR
REHEARING. Notices of appeal,
- heafings,real. shall the elven In Me
..,following InaM1nces M.—Hina. r'ta
A. To IM applicant for pubel o
_: hearing - t whose matter I. own.e el In all cases aft In wning.
Try
TO Me nor of am reel Properly
involved In, any review, appeal
+
hearing and m an owner within YMr terse
- of said property, as said sMp +o-
pears on the last tax roll Mihe Cwnry
of Orange.
C. BY p.Sh.g Sold Property.
n wanamrpat sa,latone T) woes Prior
or suWall Ofa