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O1636 . r -! e e CA:RMM:mcapl/hpca1/pc city council Meeting 7-28-92 Santa Monica, California ORDINANCE NUMBER l636(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 6072 TO ELIMINATE APPEALS FROM DECISIONS OF THE HEARING EXAMINER TO THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS FOLLOWS: SECTION 1. Santa Monlca Munlclpal Code section 6072 is amended to read as follows: SECTION 6072. Appeal Procedure. (a) A Hearing Examiner appo inted by the City Attorney shall hear in accordance with this section any matter subject to appeal pursuant to section 6124 or any other determination 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 license or permit whenever, in the reasonable judgment of the Hearing Examiner, the suspension, - 1 - e e 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 Hearing Examiner. In the absence of such rules, the Hearing Examiner shall be governed by those rules generally applicable to administrative proceedings conducted under the Administrati ve Procedures Act of the state of California. (d) Hearing. Any person aggrieved by an action appealable to a Hearing Examiner shall be entitled to a hearing upon filing a written request therefor with the City Clerk not later than the tenth (loth) day following the mailing of a notice of the action from which the appeal is taken. The Hear ing Examiner sha 11 ho ld a hear ing not later than thirty days fallowing receipt of the request by the City Clerk, unless an extension of the time therefor is granted by the Hearing Examiner. The applicant shall be given no less than five days notice of the time and place of said hearing. The hearing shall be open - 2 - e e to the pUblic. Any interested party is entitled to be heard and may be represented by counsel. (e) Decision of Hearing Examiner. The decision of the Hearing Examiner shall be made wi thin fifteen days of the conclusion of the hear ing. Notice of the decision shall be mailed to the applicant at his or her last known mailing address within twenty days of the conclusion of the hearing. (f) stay Pending Hearing. The suspension or revocation of any permit or license for which a request for review has been timely filed under this Section, shall be stayed pending decision of the Hearing Examiner. Nothing in this subsection shall be construed to require any officer or employee of the City to issue any permit or license. (g) Review of Hearing Examiner's Decision. The stay expires 10 days after the Hearing Examiner issues the decision. The Hearing Examiner's decision in all cases is final except for judicial review. Such review must be sought by petition under code - 3 - e e of civil Procedure Section 1094.5, not later than 90 days after the decision is issued. SECTION 2. The amendments to Municipal Code section 6072 made by this Ordinance shall apply to any decision of the Hearing Examiner rendered on or after July 14, 1992. SECTION 3. Any parts of the Santa Monica Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to the extent necessary to effectuate this Ordinance. SECTION 4. If any portion of this Ordinance is held by a court to be unconstitutional or invalid, that holding shall not affect the validity of the remalnder of the Ordinance. The City Council declares that it would have passed this Ordinance and every portion not declared unconstitutional or invalid, without regard to whether any portion would be declared unconstitutional or invalid. - 4 - e e SECTION 5. The Mayor shall sign and the city Clerk shall attest to the passage of thlS Ordinance. The city Clerk shall cause it to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days after its adoption. APPROVED AS TO FORM: 7'~ Vr-. ROBERT M. MYERS city Attorney '--f'\ -----. '0 - 5 - e e Adopted and approved this 28th day of July, 1992. ~ or Pro Tempore I hereby certify that the foregoing Ordinance No. 1636(CCS) was duly and regularly introduced at a meeting of the City Council on the 14th day of July 1992; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 28th day of July 1992 by the following council vote: Ayes: Councilmembers: Abdo, Holbrook, Katz, Olsen, Vazquez, Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Genser ATTEST: - "- ~ ~k~4~ --- ~ - -ci ty c;:l.e.r.k..: _< L _