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 Pasadena
 Code of Ordinances
 Title 12. STREETS AND SIDEWALKS*
 Chapter 12.14. VALET PARKING

  § 12.14.180. Appeal.  

Latest version.

  • A.

    Any person aggrieved by a decision of the director with reference to the denial suspension, revocation or nonrenewal of a permit shall have the right to appeal pursuant to this section. An appeal must be perfected within 15 days after notice of the decision or action complained of by filing with the city manager a letter of appeal, briefly describing the reasons applicant believes the director misapplied this chapter to the facts presented, together with an appeal fee in such sum as may be established from time to time by resolution of the council.

    B.

    Failure to file a letter of appeal within the 15 days shall constitute a waiver of appellant's right to hearing, but the city manager, in his or her sole discretion, may nevertheless grant such a hearing for good cause.

    C.

    The city manager shall fix the time and place of the hearing at a date no more than 30 days after his receipt of the letter of appeal, unless the hearing cannot be reasonably be set within such time, in which case the hearing shall be set as promptly as may be practicable. The city manager shall appoint a hearing officer, and shall give the appealing party, and any other person requesting the same, at least 10 days' notice of the time and place of such hearing. The notice shall advise the parties of the date, time and place of hearing, that they may be represented by counsel, and any other information deemed proper.

    D.

    At the time and place set for the hearing upon the appeal from the decision of the director, the hearing officer shall give the appealing party, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the director should not be upheld. In any such cases, the burden of proof shall be upon the appellant, who may be represented by counsel, to show that there was no substantial evidence to support the decision of the director.

    E.

    Within 15 days after conclusion of a hearing, the hearing officer shall submit a written report to the city manager. The report shall contain a brief summary of the evidence considered, findings of fact and the recommendations of the hearing officer. In addition, the report shall contain a proposed decision, in such a form that may be adopted by the city manager as his decision in the appeal. If the city manager approves the decision of the hearing officer, it shall be final and conclusive. The city manager shall transmit the decision to the director who shall comply with the decision. If the city manager does not approve the decision, he shall review the evidence taken before the hearing officer for the purpose of determining if the director misapplied this chapter to the facts presented.

    F.

    The decision of the city manager shall be issued within 21 days after his receipt of the hearing officer's report. The decision shall contain findings of fact, a determination of the issues presented, and shall be final and conclusive. The city manager shall transmit the decision to the director who shall comply with the decision. The director shall, within 10 days after receipt of the city manager's decision, mail a copy of the decision to the appellant. It shall be conclusively presumed that the appellant received the decision within 5 days after same was mailed.

    (Ord. 6546 § 2 (part), 1993)

(Ord. No. 7301, § 8, 5-8-2017)