§ 15-19. Appeals

(a) Filing of appeal. Any owner aggrieved by any adverse decision of the chief of code enforcement pursuant to this chapter may appeal such decision to the Costa Mesa Planning Commission within seven (7) calendar days following the date of giving of notice of such decision, by filing with the chief of code enforcement a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed given pursuant to section 15-20. Any such appeal shall be deemed filed on the date the appeal is actually received in the office of the chief of code enforcement, accompanied by an appeal processing fee in an amount as set by resolution of the city council. No appeal shall be accepted for filing and processing by the chief of code enforcement unless accompanied by the appeal processing fee as established by the city council.

(b) Notice of hearing. If the appeal is timely filed, city staff shall cause the matter to be set for hearing before the planning commission, which hearing date shall be within thirty (30) calendar days following the date of receipt of such notice of appeal. The appellant shall be provided not less than ten (10) calendar days' written notice of the date, time and place of the hearing.

(c) Conduct of hearing. The hearing shall be conducted informally and the formal rules of evidence shall not be applicable. The owner and the city shall each have the opportunity to present relevant evidence and witnesses. The parties may each be represented by legal counsel or other representatives of their choice. No additional evidence or argument shall be received or considered following the conclusion of the hearing except as may be agreed by stipulation of the parties.

(d) Decision by planning commission. The planning commission shall render a decision on the appeal, and adopt findings of fact in support of such decision within thirty (30) calendar days following the conclusion of the hearing.

(e) Notice of decision. The notice of decision of the planning commission shall be deemed given on the date of personal delivery or on the date of the fax transmission to the appellant; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the appellant on the second day following the date of deposit in the U.S. Mail.

(F) Decision is final. The decision of the planning commission shall be final, and may not be appealed to the city council. The decision must include notice that any legal challenge to the final decision shall be made pursuant to provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision.

(Ord. No. 09-8, § 1, 7-21-09 )