HomeMy WebLinkAboutMC-1075
Adopted: June 19, 2000
Effective: July 20, 2000
ORDINANCE NO. MC-1075
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 2.64 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
APPEALS TO COMMON COUNCIL.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 2.64 of the San Bernardino Municipal Code is hereby amended to
read as follows:
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"CHAPTER 2.64
APPEALS TO COMMON COUNCIL
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Sections:
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2.64.010
2.64.020
2.64.030
2.64.040
2.64.050
2.64.060
2.64.070
2.64.080
Purpose.
When procedure not applicable.
Filing notice of appeal.
Notice of appeal- Time limit.
Notice of appeal-Contents.
Action by the City Clerk,
Consideration by Council.
Judicial Review.
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2.64.010 Purpose.
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The purpose of the appeal procedure prescribed in this Chapter is to provide a general
method of recoursc, in any instance where an appeal to the Common Council is not otlierwise
prescribed by code or other ordinance of the City, available in the event any person is aggrieved
by or dissatisfied with any order, requirement, permit, decision or determinal10n made oy a City
officer, official or department head or by an administrative body of the City in the admimstration
or enforcement of any provision of any local ordinance, code, rule or regulation. (Ord. 2622 91,
1964.) (City Attorney Opinion No. 92-18)
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2.64.020 When procedure not applicable.
The appeal procedure prescribed in this Chapter shall not apply when other provisions of
this Code, an ordinance or resolution provides a method of appeal to a board, commission,
committee, a public body or employee in specific cases, and shall not apply to law enforcement
activities involving ordinances or state law, or to the decisions of the Civil Service Board. These
procedures shall apply to any and all appeals to the Common Council authorized in this Chapter
or in other provisions of the Code, unless expressly otherwise provided. (Ord. MC-410, 9-17-84;
Ord. 2622 g2, 1964.)
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2.64.030 Filing notice of appeal.
Except as provided in Section 2,64.020, any person aggrieved by, dissatisfied with, or
excepting to any action, denial, order, requirement, permit, deCision or determination made or
issued by a City officer, official or department head or b:y an administrative board, commission,
body or other agency of the City pursuant to the proVisions of any ordinance, code, rule or
regulation of the City, may appeal therefrom by filmg a written notice of appeal with the City
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HTClea [appeals,ord I
Mc-I075
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.64 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS TO
COMMON COUNCIL.
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Clerk, directed to the Common Council. (Ord. 2622 93, 1964.)
2.64.040 Notice of appeal- Time limit.
Any such notice of appeal shall not be valid and shall not be acted upon unless filed within
fifteen days after the date of the action or decision appealed from. If notice of such action has not
becn provided in writing, and the appellant had no notice of the hearing at which the action was to
be considered, the appellant may, within five days after first becoming aware of such action,
demand written notice thereof, and shall have ten days following such notice in which to file the
notice of appeal. A prospective appellant who was present at the time the action or decision
relating thereto was made shall be presumed to have constructive notice thereof and shall file a
notice of appeal. within fifteen days after the date of the action or decision. (Ord. MC-41 0, 9-17-
84; Ord. 2622 94, 1964,)
2.64.050 Notice of appeal- Contents.
The notice of appeal shall be in writing and shall set forth (a) the specific action appealed
from, (b) the specific grounds of appeal, and (c) the relief or actIOn sought from the Common
CouncIl. In the event any notice of appeal fails to set forth any information required by this
section, the City Clerk shall return the same to the appellant with a statement of the respects in
which it is defiCIent, and the appellant shall thereafter be allowed five days in which to perfect and
refile his or her notice of appeal. (Ord. MC-41O, 9-17-84; Ord. 2622 95, 1964.)
2.64.060 Action by the City Clerk.
Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule
the matter promptly for public hearing upon the Common Council agenda for the first regularly
scheduled Council meetmg following tlie sixth day after said timely filing. City Clerk shall
promptly give notice to the appellant and affected City parties of the setting of such public hearing
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2.64.070 Consideration by Council.
At the time of consideration of the appeal by the Common Council, all evidence and
arguments shall be received, but shall be limitcd to the specific grounds of appeal and matters set
forth in the notice of appeal. The appellant shall have the burden of establIshing cause why the
action ap]Jealed from snould be altered, reversed or modified. The department, agency, City
officer, official or department head whose action is being considered shall have the opportunity to
answer argumcnts made and rebut any evidence so offered. The Common Council shall review the
evidence, findings and record relatmg to the decision or action. The Common Council may
continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse
or modify the action appealed from and may take any action which might have been legally taken
in the first instance by the person or entity from whose action the appeal has been taKen. In the
ruling on the appeal, the findings and action of the Common Council shall be final and conclusive
in the matter. (Ord. MC-410, 9-17-84; Ord. 2622 97, 1964.)
2.64.080 Judicial Review.
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The Mayor and Common Council shall take all lawful steps to insure that any appellant
aggrieved by said decision of the Common Council shall be afforded prompt judicial review If such
decision is challenged in court."
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HTC/e" l"ppe"ls.ord I
MC-l075
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.64 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS TO
COMMON COUNCIL.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a j oint reg. meeting thereof, held on the
3 19thdayof June
AYES
, 2000, by the following vote, to wit:
ABSTAIN ABSENT
The foregoing Ordinance is hereby approved this 21stday of June ,2000,
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I tlu.-L {~t' uJ
lTH V ALLES, Mayor
of San Bernardino
4 COUNCIL MEMBERS:
5 ESTRADA
6 LIEN
7 MCGINNIS
8 SCHNETZ
9 SUAREZ
10 ANDERSON
11 MC CAMMACK
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2 1 Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
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HTClea fallpeals,ord I
NAYS
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