Except as provided elsewhere in this chapter (including without limitation, Orders
to Abate, Emergency Work, Administrative Citations and Penalties, Creek Determination,
and Creek Protection Permit), the following appeal procedures govern. Within ten (10)
calendar days after the date of a written decision by the Environmental Services Manager,
an appeal from said decision may be taken to the Director by the applicant or any
other interested party. In event the last date of appeal falls on a weekend or holiday
when city offices are closed, the next date such offices are open for business shall
be the last date of appeal. Such appeal shall be made on a form prescribed by the
Public Works Agency (PWA) and shall be filed with such Agency. The appeal shall state
specifically wherein it is claimed there was an error or abuse of discretion by the
Environmental Services Manager or wherein his/her decision is not supported by the
evidence in the record. Upon receipt of the appeal, the Director shall set the date
for consideration thereof and, not less than ten (10) days prior thereto, give written
notice to: the applicant; the appellant in those cases where the applicant is not
the appellant; adverse party or parties, or to the attorney, spokesperson, or representative
of such party or parties; other interested groups and neighborhood associations who
have requested notification; and to similar groups and individuals as the Director
or his or her designee, deems appropriate, of the date and place of the hearing on
the appeal. Upon receipt of the appeal, the Director shall consider the purposes and
intent, as well as the letter, of the pertinent provisions of the chapter, and shall
affirm, modify or reverse the Environmental Services Manager's written decision. The
decision of the Director shall be final.
