§ 98-64. Appeals.

(a)

Generally. Under this division, any person whose application for a permit has been denied or granted conditionally or whose variance request has been denied may make an appeal to the hearing officer. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the deputy not later than 15 days after the date of service of the notice of denial. If an appeal is not filed within the time or in the manner prescribed in this subsection, the right to review of the action against which complaint is made shall be deemed to have been waived.

At the time of filing, the appeal and as a condition precedent to the legal effectiveness of the appeal, the appellant shall pay an appeal filing fee, in the amount specified by section 6.99.095 of the Sacramento County Code.

(b)

Appeal hearing. Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed in subsection (a) of this section, the hearing officer shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date, and place of the hearing shall be mailed to the appellant not fewer than ten days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the appellant. The provisions of the State Administrative Procedure Act, Government Code § 11500 et seq., shall not be applicable to such hearing, nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. At the conclusion of the hearing, the hearing officer shall prepare a written decision which either grants or conditionally grants or denies the appeal and contains findings of fact and conclusions. Notice of the written decision, including a copy thereof, shall be filed with the deputy and mailed to the appellant not later than ten days following the date on which the hearing is closed. The decision by the hearing officer shall become final upon the date of filing and mailing.

(c)

Hearing officer. The city manager shall be authorized to assign hearing responsibilities from time to time to either:

(1)

Management personnel whom the city manager finds are qualified by training and experience to conduct such hearings;

(2)

Any person, qualified by training or experience, who the city manager may employ or who is retained by contract to conduct such hearings; or

(3)

Administrative law judges assigned to the state office of administrative hearings.

The city manager is hereby authorized to contract in the name of the city for the retention of hearing services at rates which do not exceed the financial limitations established by the city's annual budget.

(d)

Continuances. The hearing may be delayed once for a period of time, not to exceed 30 days, to allow the appellant additional time to prepare for the hearing.

(e)

Appeal to the council. An appeal, if any, of the final decision of the hearing officer must be made within 30 days to the city council.

(Ord. No. 97-01, § 2(6.28.130), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)