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CA:RMM:mcapll/hpadv
city Council Meeting 7-14-92
JUL 1 4 1992
Santa Monica, California
STAFF REPORT
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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 June 9 I 1992, the city Council directed
the City Attorney to prepare an ordinance eliminating the appeal
to the City Council fl
'-~~sions of the Hearing Examiner. In
response to this dire
ring ordinance has been
prepared and is prese
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1 consideration.
Under the Muni
by the city denying or
revoking licenses or-~ appealed and heard by a
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Hearing Examiner. Currently the Code allows a further appeal to
the city Council.
The accompanying ordinance amends Municipal Code section
6072 to eliminate the appeal to the city Counell, and allow
licensees to appeal the Hearing Examiner's declsion directly to
the courts. The ordinance also extends the stay of the city's
action until 10 days after the Hearing Examiner's decision is
issued, to allow sufficient time for the appellant to receive the
decision in the mail and comply with it. Sections 6072 (h), (i),
and (j) have been removed and subsection (g) has been modified
accordingly.
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JUL 1 4 1992
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Adam Radinsky, Deputy City Attorney
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CA:RMM:mcapl/hpadv
City council Meeting 7-14-92
Santa Monica, California
ORDINANCE NUMBER
(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 Monica Municipal Code Section 6072 is
amended to read as follows:
SECTION 6072. Appeal Procedure.
(a) A Hearing Examiner appointed by the
city Attorney shall hear in accordance with
this section any matter subj ect 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 1 icense or
permit whenever, in the reasonable judgment
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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 J the Hearing
Examiner shall be governed by those rules
generally applicable to administrative
proceedings conducted under the
Administrative 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
Hearing Examiner shall hold a hearing not
later than thirty days following 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 to
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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 within fifteen days of the conclusion
of the hearing. 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 perm1t 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 dec1sion.
The Hearing Examiner's decision in all cases
is final except for Judicial review. Such
review must be sought by petit10n under Code
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of civil Procedure Section 1094.5, not later
than 90 days after the decision is issued.
SECTION 2.
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 3.
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 remainder 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.
SECTION 4.
The Mayor shall sign and the City Clerk shall
attest to the passage of this 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:
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ROBERT M. MYERS
City Attorney
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