Loading...
O1233 ~ e e CA:RMM:SSS:bl 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 e e 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 -2- e e 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 -3- e e 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. -4- e e 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 -5- e e 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 -6- e e 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 -7- . e e 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: ~~~-- ROBERT M. MYERS City Attorney -8- ~ > e e 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: tL--/f~ (CITY CLERK ~