The purpose of appeal procedure is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision or determination made by an administrative official or advisory body in the administration or enforcement of this chapter.

Any person aggrieved by the action of an administrative official or advisory body in the administration or enforcement of this chapter may file a written notice of appeal to the city clerk in the manner prescribed by the city council within ten calendar days from final determination of the body or official from which the appeal is being taken. If no appeal is made within the time as prescribed herein, the determination of the administrative official or advisory board is final. A person aggrieved by the action as that phrase is used in this section, may in all instances include any member of the city council. If an appeal is initiated by a city councilmember, Section 40.35.040 shall not be applicable, and a majority of the city council shall determine at the next regular council meeting whether or not the council will entertain the appeal.

Appeals shall proceed in the following manner:

The written notice of appeal shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130. No part of such fee is refundable; except, at the discretion of the city council, fees may be refunded in whole or in part.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify that a stay would in his or her opinion cause imminent peril to life and property.

No public hearing need be held on the appeal; provided, that the city council may hold a public hearing if it deems it necessary in the public interest.

If a public hearing is to be held, the notice of the time, place and purpose of the hearing shall be given by publication in a newspaper of general circulation in the city not less than ten days prior to the date of hearing, and by such other means as the city council deems necessary. The notice shall also state substantially the following, pursuant to California Government Code Section 65009, as amended September 30, 1984:

If the action taken on the appeal is challenged in court, the challenge may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the city council at, or prior to, the public hearing.

Failure of owners or citizens to receive notice of the hearing shall in no way affect the validity of the action taken.

A full record in writing shall be submitted by the administrative officer or advisory body whose action is appealed, setting forth reasons for action taken.

The city council shall find whether in its opinion error was made by the administrative officer or advisory body.

The city council may within the terms of this chapter, affirm, reverse or modify the action appealed as it deems just and equitable, and the determination of the city council shall be final.