ITEM 6-B
City Council Meeting 7-28-92 Santa Monica, California
STAFF REPORT
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 ordinance eliminating the appeal to the City
Council from decisions of the Hearing 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
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 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,
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
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 (10th) 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 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 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
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 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 5. 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:
_____________________________
ROBERT M. MYERS
City Attorney