50B - UNIFORM HEARING AND APPEAL PROCEDURE

Home Browse Search

Section 3. Section 3-2 of the Santa Ana Municipal Code is hereby amended to delete any reference to the city council being involved in the appeal process, such that it reads as follows: Sec. 3-2. Request for hearing. (1) Initial application t~se~as+4. Whenever an applicant is entitled by this Code to apply 'for initial determination of a matter, he shall submit his application in writing to the clerk of the council. The clerk shall determine that the application is in complete and correct form and may refer it to any appropriate city department for advice and assistance in making such determination. Thereafter, the sler~ City Manager or designee shall appoint a hearing officer to consider applications in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the application. The clerk shall notify the applicant by mail at the address provided by the applicant of the date on which the matter will be heard. The hearing officer may but need not be a city employee. The clerk shall assume responsibility for such publication of notice of the hearing as may be required by law. If a hearing officer is appointed, the hearing shall be conducted in accordance with this Code. If any provision of law requires that public notice of the hearing be given, the clerk shall cause such notice to be given so that the hearing may be scheduled within the time required by this section. (2) Appeal te--seufls+l from action of city official, board or commission. Whenever an applicant is entitled under this Code or any other provision of law to appeal 'from an adverse determination in a matter made by a city official, board or commission and desires to so appeal, he shall, within ten (10) days after he has been notified of that determination, submit a notice of appeal to the clerk of the council and a copy thereof to the person or the chairman of the body whose decision is being appealed. The notice of appeal shall be addressed to the clerk of the council and shall specify the subject matter of the appeal, the official or body whose decision is appealed, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested 'and the name and address of the appellant. Thereafter, the sleFk City Manager or designee shall appoint a hearing officer to consider appeals in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the appeal. The clerk shall notify the appellant by mail at the address provided by the appellant of the date on which the matter will be heard. The hearing officer may but need not be a city employee. T~~61er',r~l; ~n~~,~m,7~ro~r~~n~ihili~~i fr+r ~i ~nh r~~ ~hlin~+inn ~f nn~~nf 4he he~rinn ~~ m~~i ho . If a hearing officer is appointed, the hearing shall be conducted in accordance with this Code. Ordinance No. NS-XXX Page 2 of 8 50B-4