O1233
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City Council Meeting 11-10-81
Santa Monica, California
ORDINANCE NO. 1233
(C1ty Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS
SECTIONS OF THE SANTA MONICA MUNICIPAL
CODE TO ABOLISH THE LICENSE REVIEW BOARD
AND ESTABLISH PROCEDURES FOR LICENSE APPEALS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 6124 of the Santa Monica Municipal
Code is amended to read as follows:
Section 6124. Right of Appeal.
Any person aggrieved by the act10n of
any officer or employee of the City
suspend1ng, revoking, or denying any
permit or license under Article VI of
this Code may appeal to a Hearing Exam-
iner in accordance with Section 6126.
For purposes of this Code, revocation
shall include a decision to deny an
application to renew a license or per-
mit. Any reference 1n this Code to
the License Review Board or License
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Appeal Board shall be deemed to refer
to a Hearing Examiner.
SECTION 2. Section 6125 of the Santa Monica Municipal
Code is amended to read as follows:
Section 6125. V01d License or
Permit.
(a) The City shall not be bound
by the mistake of any officer or
employee of the City 1n issuing
licenses or permits contrary to the
terms of this Code or of the terms
of any zoning or other ordlnance of
the Clty.
(b) Upon a written statement
of any officer or employee of the
Clty filed with the City Attorney to
the effect that any license or permit
has been issued in contravention of
this Code or any ordinance of the
C1ty, the C1ty Attorney shall fix a
date for a Hearing Examiner to deter-
mine whether or not the license or
permit shall be revoked. The hearing
shall be conducted in accordance wlth
Section 6126.
(c) If, upon such hearing, the
Hearlng Examiner finds that such
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license or permit was issued in con-
travention of this Code or any ordi-
nance of the C~ty, the Hearing Exam-
iner shall order the license or per-
m~t revoked. Upon such revocation,
the fee for the unexp~red portion of
the l~cense or permit shall be re-
funded. After the revocat~on, all
act~vity for which such l~cense or
permit was required shall be immed-
iately discontinued.
SECTION 3. Section 6126 of the Santa Monica Municipal
Code is amended to read as follows:
Section 6126. Appeal Procedure.
(a) A Hearing Examiner appoint-
ed by the C~ty Attorney shall hear in
accordance w~th this Section any mat-
ter subject to appeal pursuant to Sec-
tion 6124 or any other determinat~on
which in the discretion of the City
Manager or City Attorney should be
referred for a decision by a Hearing
Examiner.
(b) Standards. The Hearing
Examiner may suspend, revoke, or deny
a l~cense or permit whenever in the
reasonable judgment of the Hearing
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Examiner the suspension, revocation,
or denial is in accordance with any
applicable law.
(c) Rules. The City Council
may, by resolution, establish rules
for the conduct of the hearing before
the Hear~ng Examiner. In the absence
of such rules, the Hearing Examiner
shall be governed by those rules gen-
erally applicable to admlnistrative
proceedings conducted under the
Admin~strative Procedures Act of the
State of California.
(d) Hearing. Any person
aggrieved by an action appealable to a
Hearing Exam~ner shall be entitled to
a hearing upon filing a written
request therefor with the City Clerk
not later than the tenth day following
the ma~l~ng of a notice of the action
from wh~ch the appeal is taken. The
Hearing Examiner shall hold a hearing
not later than 30 days following
rece~pt of the request by the City
Clerk, unless an extension of the time
therefor is granted by the Hearing
Exam~ner.
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The applicant shall be given no
less than flve days notice of the
tIme and place of sa~d hearing. The
hearlng shall be open to the public.
Any interested party is entitled to
be heard and may be represented by
counsel.
(e) Decision of Hearing Exam-
~ner. The declsion of the Hearlng
Examiner shall be made within 15 days
of the conclusion of the hearing.
Notice of the decision shall be mail-
ed to the applicant at his or her
last known mailing address within 20
days of the conclusion of the hearing.
(f) Stay pendin9 Hearlng. The
suspension or revocation of any per-
mit or license for which a r~quest
for reVlew has been timely filed
under this Section, shall be stayed
pendlng decision of the Hearing Exam-
iner. Nothing in this subsection
shall be construed to require any
officer or employee of the City to
issue any permit or license.
(g) Right of Appeal to City
Council. Any decision of the Hearing
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Examiner may be appealed to the Clty
Councll by fillng a written notice
thereof wlth the Clty Clerk within 10
days after the notice of the decision
of the Hearing Examiner has been
mailed. The right of appeal to the
City CounC11 is conditioned upon the
payment of fees to the City in an
amount sufficient to recover the cost
of the Clty incurred in preparation
of the record and transcript of the
proceedings before the Hearing
Examiner.
(h) Action by City Council.
The City Council shall make a deci-
Slon within 45 days after receipt of
the not1ce of appeal by the City
Clerk. In making its decision, the
City Council shall exercise indepen-
dent judgment in evaluating the record
and transcript of the proceedlngs.
No new evidence shall be presented to
the City Council upon appeal unless
it is established that the parties
with reasonable dlligence could not
have submitted such evidence to the
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Hearing Examiner. The decision of
the City Council shall be final on
the date the decision is made.
( l. ) No Stay Pendl.ng Appeal to
City Councl.l. The suspension or
revocation of any perml.t or license
WhlCh has been sustained by the
Hearl.ng Examiner shall not be stayed
pending appeal to the City Council
but shall be effective immediately
upon the date of mailing of notice of
the decision of the Hearing Exam-
iner.
(J) Review of City Council
Decision. The decisl.on of the City
Council shall be reviewable by
petition filed pursuant to Code of
civil Procedure Section 1094.5, pro-
vl.ded such review is sought not later
than the 90th day following the date
on which the decision becomes final
in accordance with provisions of
Sectlon 1400 of this Code and Code of
Civil Procedure Section 1094.6.
SECTION 4. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions
of this ordinance, to the extent of such inconsistencies and
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no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this ordinance.
SECTION 5. If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held to
be inval~d or unconstitutional by a decis~on of any court of
competent jurisdict10n, such decision shall not affect the
validity of the remaining portions of the ordinance. The
City Council hereby declares that it would have passed this
ordinance and each and every section, subsection, sentence,
clause, or phrase not declared inval1d or unconstitutional
w1thout regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. The
ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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ADOPTED AND APP~OVED THIS
10th
DAY
OF
November
~ 1 981 .
(M
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1233 (CCS), HAS DUL Y AUD REGULARL Y INTRODUCED AT A
r1EETING OF THE CITY COUNCIL ON THE
3rd DAY OF November,
1981; THAT THE SA I D ORD I NANC E \~AS TH ER EAFT ER DUL Y ADOPTED
AT A ~1EETING OF THE C ITV COUflC IL ON THE 10th DAY OF November
1981 BY'THE FOLLOHING COUNe IL VOTE:
AYES: COUNCILMEMBERS: Conn~ Edwards, Jennings~ Zane,
Mayor Yannatta Goldway
NOES: COUNCIU1Et1BERS: None
ABSENT: COUNCIU1EHBERS: Press, Reed
ABSTAIN: COUNCILMEr1BERS; None
ATTEST:
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(CITY CLERK
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