Chapter 34 — APPEALS

Any person aggrieved by the action of the Director of Community Development or Planning Commission, where an appeal is provided by any provision of this title, may appeal therefrom by filing a written notice of appeal, within ten days of the final determination of the Director of Community Development or Planning Commission, on a form prescribed by the City which shall be filed with the City Clerk. However, appeals of decisions regarding the City's General Plan must be received within five days of the decision, pursuant to Government Code section 65354.5.

(Ord. No. 2020-1059, § 1, 3-23-2020)

All written notices of appeal shall be accompanied by a filing fee in an amount as determined by the City Council by resolution.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A public hearing shall be required for all appeals brought before the City Council. A notice of public hearing shall be given in the following ways and shall contain the time and place of the hearing and other pertinent data:

A.

Newspaper. Notice shall be published in a newspaper of general circulation in the City not less than ten days before the date set for the hearing.

B.

Letters. If applicable, letter notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of 300 feet from the external boundaries of the property described on the original application, using for this purpose the last known name and address of such owners as shown on the latest adopted tax roll of the County. The notice shall be mailed or delivered at least ten days prior to the hearing to property owners within a 300-foot radius; or expand the radius from the project site if the 300-foot radius is less than 30 parcels. The radius should be expanded until 30 parcels are included but in no case shall the radius be expanded beyond 1,000 feet from the project site.

(Ord. No. 2020-1059, § 1, 3-23-2020)

18.34.040 - Appeal hearing procedure.

A.

Time limit. The City Council shall, not less than ten nor more than 30 days after the publication of legal notice of a public hearing on an appeal, hold a public hearing.

B.

Decision. The City Council shall hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or Planning Commission appealed from, and may affirm, reverse, or modify the action appealed as it deems just and equitable. The City Council shall announce its decision within 30 days after the conclusion of the public hearing. The action of the City Council on appeals shall be final, except that all aggrieved parties shall have the right to appeal further in a court of competent jurisdiction.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this title shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than $500.00 or by imprisonment in the County jail for a term of not exceeding six months, or both. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided by this section. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title or any use of any land, or contrary to a use permit or variance, or the terms and conditions imposed therewith, shall be and the same is hereby declared to be an unlawful and a public nuisance. Remedies shall be cumulative and not exclusive.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Each day during any portion of which any violation of this title is committed or continued by such person, firm, or corporation, shall constitute a separate offense and shall be punishable as provided by section 18.34.050.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The City Council shall annually, by resolution, establish the amounts of filing fees for applications and permits required or authorized by this title. Before accepting any application, the Director of Community Development or other designated officers shall collect the appropriate filing fees so established. Any fees required under this title may be waived for any public body, district or agency or Federal, State, County or municipal governments.

(Ord. No. 2020-1059, § 1, 3-23-2020)