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52Nov 3 election

15.16.150 - Appeals.

Part of the Code of Ordinances of Commerce, CA.

Local law · Updated May 13, 2025 · 2,277 sections

The text

(a)

The city council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirements, decision or determination made by the fire chief in the administration or enforcement of any of the provisions of this code.

(b)

An appeal shall be in writing and shall be filed in triplicate in the office of the city clerk. An appeal from any order, requirement, decision or determination by the fire chief must set forth specifically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by the evidence in the matter.

(c)

Within five days from and after the filing of the appeal, the fire chief shall transmit to the city council all papers involved in the proceedings. In addition, he may make and transmit to the city council such supplementary report as he may deem necessary to present clearly the facts and circumstances of the case.

(d)

Upon receipt of the record, the city council shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to appellant, to the fire chief and any other party at interest who has requested in writing to be so notified. No other notice need be given.

(e)

Upon the date set for the hearing, the city council shall hear the appeal, unless for cause the city council shall on that date continue the matter. No notice of continuance need be given if the order therefor be announced at the time for which the hearing was set.

(f)

Upon the hearing of appeals, the city council may affirm, change or modify the ruling, decision or determination appealed from or in lieu thereof may make such other or additional determination as it shall deem proper in the premises subject to the same limitations as are placed upon the fire chief by this code and by other provisions of law.

(Ord. 52 §1 (part), 1962: prior code §3914).