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1 ORDINANCE NOi~ r:2 t:22-
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO CONCERNING APPEALS TO THE COMMON COUNCIL FROM
3 ADMINISTRATIVE ACTS OF CITY OFFICIALS" AGENCIES, BOARDS AND
COMMISSIONS',,!
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLL&S:
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SECTION ONE: The purpose of the appeal procedure prescribed
7 in this Ordinance is to provide a general method of recourse, in
8 any instance where an. appeal to the Conunon Council is not other-
9 wise prescribed by code or other ordinance of the City, available
10 in the event any person is aggrieved by or dissatisfied with any
11 order, requirement, permit, decision or determination made by an
12 administrative official or by an administrative body of the City
13 in the administration or enforcement of any provision of any
14 local ordinanceo code, rule or regulation.
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SECTION TWO: When procedure not applicable..
16 The appeal procedure herein prescribed shall not apply when
17 other provisions of code or of a local ordinance prescribe a
18 method of appeal to the Conunon Council in specific instances, and
19 shall not be deemed to apply to law enforcement activities involv-
20 ing ordinances or state law, or to the decisions of the Civil
21 Service Board.
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SECTION THREE: Filing notice of appeal.
23 Except as provided above, any person aggrieved by, dis-
~ satisfied with, or excepting to any action, denial, order, require
25 ment, permit, d~ision or determination made or issued by an
u administrative official or by an administrative board, conunission,
27 body or other agency of the City pursuant to the provisions of
28 any ordinance, code, rule or regulation of the City, may appeal
29 therefrom by filing a written notice of appeal with the City
~ Clerk, directed to the Conunon Council~
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SECTION FOlR: Notice of appeal - Time limit.
Any such notice of appeal shall not be acted upon unless
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filed within six (6) months after service by certified or
registered mail of written notice of such action appealed from, or
within six (6) months after knowledge thereof by applicant, pro-
vided that if such notice of action has not been served in writing
or been orally or otherwise transmitted to him, the appellant may,
within thirty (30) days after becoming apprised of such action
demand service of written notice thereof, and shall have six (6)
months following such service in which to file the notice of
appeal.
SECTION FIVE: Notice of appeal - Contents.
The notice of appeal shall set forth (a) the specific action
appealed from, (b) the specific grounds of the appeal and (c) the
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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 (5) days in which to
perfect and refile his notice of appeal.
SECTION SIX: 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 upon the Common
Council agenda at a subsequent meeting.
SECTION SEVEN: Public hearing may be held.
No public hearing need be held by the Common Council on any
such appeal, provided that a public hearing may be held when the
same is deemed necessary in the public interest.
SECTION EIGHT: Consideration by Council.
At the time of consideration of the appeal by the Common
Council the appellant shall be limited to a presentation on the
specific grounds of appeal and matters set forth in his notice of
appeal and shall have the burden of establishing cause why the
action appealed from should be altered, reversed or modified.
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1 The Cornmon Council may continue the matter from time to time, and
2 at the conclusion of its consideration may affirm, reverse or
3 modify the action appealed from and may take any action which
4 might have been legally taken in the first instance by the
5 official or body from whose action the appeal has been taken. In
6 the ruling on the appeal the findings and action of the Cornmon
7 Council shall be final and conclusive in the matter.
8 I HEREBY CERTIFY that the foregoing Ordinance was duly
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adopted by the Mayor and Cornmon Council
Bernardino at a ~~)
the /&:7/ day of 6 <-e#4t/
, 1964, by the following
of the City of San
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meeting thereof, held on
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12 i vote to wit:
I! '
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13 AYES:
:ZUd'~
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NOES:
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~d day of
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The above Ordinance
~A/#4Cjj1/
is hereby approved this
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, 1964.
~~~..t
Mayor ot the City
San Bernard~no
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Approved as to form:
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4 !f--/A..,.~
ty Attorney
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FI LED
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NOV 181964
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