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City Council Meeting 7-28-92 Santa Monica, California
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STAFF REPORT vl../, -vc;.
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TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Municipal Code Section 6072 to
Eliminate Appeal to City Council From Decisions of
Hearing Examiner
At its meeting on July 14, 1992, the City Council introduced
for first reading an ordlnance ellminating the appeal to the Clty
Council from decisions of the Hearlng Examiner. The ordinance is
now presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Adam Radinsky, Deputy City Attorney
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JUL z 8 '992
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City Council Meeting 7-28-92 Santa Monica, california
ORDINANCE NUMBER 1636(CCS}
(Clty council Serles)
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 l. Santa Honlca Hunicipal Code Section 6072 is
amended to read as follows:
SECTION 6072. Appeal Procedure.
(aJ A Hearlng Examiner appointed by
the Clty Attorney shall hear In accordance
with this Sectlon any matter SUbJect to
appeal pursuant to Sectlon 6124 or any other
determination which in the discretion of the
City Manager or city Attorney should be
referred for a decislon by a Hearing
Examiner.
(b) standards. The Hear~ng Examiner
may suspend, revoke, or deny a license or
permi t \.,rhenever I in the reasonable judgment
of the Hearing Examlner, the suspension,
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reVQCat1on, or den1al 1S in accordance \V1th
any appl1cable 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
Administratlve Procedures Act of the state
of california.
( d) Hearinq. Any person aggrleved by
an act10n appealable to a Hearing Examlner
shall be entltled to a hearlng upon filing a
written request therefor w1th the City Clerk
not later than the tenth (10th) day
following the mal ling of a notlce of the
action from \'Jhich the appeal 15 taken. The
Hearing Examiner shall hold a hearing not
later than thlrty days follow1ng recelpt of
the request by the City Clerk, unless an
extenslon of the time therefor is granted by
the Hearing Examlner.
The appllcant shall be given no less
than five days notlce of the t1IDe and place
of sald hearlng. The hearing shall be open
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to the publ1C. Any 1nterested party 1S
entitled to be heard and may be represented
by counsel.
(e) Decision of Hearing Examiner.
The decision of the Hearing Examlner shall
be made 1,011 thln fifteen days of the
conclus2on of the hear1ng. Notice of the
decislon shall be malled to the appllcant at
his or her last known mal1ing address within
twenty days of the conclusion of the
hearing.
(f) Stay Pending Hearing. The
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suspension or revocatlon of any permit or
license for ',\Thich a request for revJ.ew has
been tlmely filed under th~s section, shall
be stayed pending deC1Slon of the Hearing
Examiner. Nothing In thls subsection shall
be construed to requ1re any officer or
employee of the city to l.ssue any permit or
license.
( g) Review of Hearing Examiner's
Decision. The stay expires 10 days after
the Hear1ng Examlner lssues the decision.
The Hearing Examlner's decislon 1n all cases
is final except for )UdlCial review. Such
review must be sought by petltlon under Code
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of civll Procedure Sectlon 1094.5, not later
than 90 days after the declslon is lssued.
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 Municlpal Code
inconslstent with this ordinance, to the extent of such
inconslstencies and no further, are repealed or modified to the
extent necessary to effectuate this Ordinance.
SECTION 4 . If any portlon of thls Ordinance lS held by a
court to be unconstitutlonal or invalid, that holding shall not
affect the validity of the remainder of the Ordinance. The city
Councll declares that It "vou Id have passed this Ordinance and
every portion not declared unconstltutional or invalid, wlthout
regard to whether any portlon would be declared unconstitutlonal
or invalid.
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SECTION 5. The Hayor shall sign and the city Clerk shall
attest to the passage of this ordinance. The C1.ty Clerk shall
cause it to be published once 1.n the offic1.al newspaper within 15
days after its adoptlon. ThlS Ordlnance shall become effectlve
30 days after l.ts adopt1.on.
APPROVED AS TO FORM:
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ROBERT M. MYERS .--J
city Attorney
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Adopted and approved this 28th day of July, 1992.
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or Pro Tempore
I hereby certify that the foregoing Ordinance No. 1636(CCS)
vias duly and regularly introduced at a meeting of the City
council on the 14th day of July 1992j 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:
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--------- - - Ci ty Clerk /