Ordinance 1672ORDINANCE N0. 1672
AN ORDINANCE OF THE CITY COUN~~IL OF THE CITY OF CUPERTINO
ADDING CHAPTER 1.6 TO THE CUPERTINO MUNICIPAL CODE, APPEALS OF ADMINISTRATIVE DECISIONS
The City Council of the City of Cupertino hereby ordains that Chapter 1.6 of the
Cupertino Municipal Code ,Appeal of Administrative Decisions, shall read as follows:
Sections:
1.16.010 Definitions
1.16.020 Procedure for Appeal
1.16.010 Definitions:
A. City Manager. For the purpose of the chapter, "City Manager" shall be
defined to mean the City Manager of the City of Cupertino or his/her designee.
1.16.020 Procedure for appeal.
A. Filing for Administrative He~iring. Unless otherwise provided for by
specific ordinances an appeal may be taken to the City Manager by any person, applicant
or licensee aggrieved or affected by any City determination for obligation for abatement,
obligation of payment of fees or denial/revoc.~tion of a permit or license. The request for
appeal must be made in writing and include the name and address of the party involved, a
description of the issue in question and the grounds on which the party is appealing. The
appeal must be filed with the City Managerwithin ten (10) business days of the serving
or mailing of the determination.
B. Hearing and Notification. The City Manager shall schedule a hearing
within thirty (30) days after the receipt of th~~ request. The party requesting the hearing
will receive written notice of the date, time rind place of the hearing. Subsequent to the
administrative hearing, a written determination will be mailed to the aggrieved party.
C. Waiver of right to hearing and appeal. If the aggrieved party does not
timely comply with the above procedures, 1-e/she shall be deemed to have waived the
right to an administrative hearing and any appeal on the City's determination.
D. Appeals to the City Council. Unless otherwise provided for by specific
ordinances any person dissatisfied with the action or judgment of the Administrative
Hearing process may appeal to the City Cowzcil by filing a written request which states
the specific reasons for the appeal within ten (10) business days of the serving or mailing
of the determination. The City Clerk shall :schedule a hearing before the City Council
within thirty days after receipt of the request i:or appeal. The party requesting the hearing
will receive written notice of the date, time and place of the hearing. The Council may by
resolution affirm, reverse, or modify in whole or in part the determinations of the
Administrative Hearing. The findings of the Council shall be final and conclusive. Any
amount found to be due shall be immediately due and payable upon Council action.
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 7th day of November , 1994 and ENACTED at a
regular meeting of the City Council of the City of Cupertino this 21st day of
November , 1994, by the following v~~te:
ORDINANCE NO. 1672
Y4~ ~~ 9f ?~ ~1><X Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~,PPROVED:
/s/ Kim Marie Smith /s/ Wally Dean
City Clerk mayor, City of Cupertino