San Jose |
Code of Ordinances |
Title 13. STREETS, SIDEWALKS AND PUBLIC PLACES |
Chapter 13.14. COMMUNITY SPECIAL EVENTS |
Part 2. USE OF OUTDOOR CITY PROPERTY FOR COMMUNITY SPECIAL EVENTS |
§ 13.14.340. Hearing.
A.
Upon receipt of a timely written request for a hearing on a notice of decision to deny an application for special event permit or to revoke or impose conditions on a special event permit, the city manager shall schedule a hearing. The city manager shall promptly notify the applicant or permittee of the hearing date, time and location.
B.
The hearing before the city manager shall be held within the following time frames:
1.
Ten business days after receipt of the request for hearing, if the proposed event is to occur twenty or more business days after timely receipt of the request for hearing; or
2.
Two business days after receipt of the request for hearing, if the proposed event is to occur fewer than twenty business days but more than three business days after timely receipt of the request for hearing.
3.
If the proposed event is to occur three or fewer business days after the director's issuance of the notice of decision, the notice of decision shall also state the time, date and location of the hearing. When reasonably possible, the hearing shall occur at least twenty-four hours prior to the proposed event. The city manager, when reasonably possible, shall also provide the permittee or applicant at least twenty-four hours advance notice of the hearing.
C.
At the hearing, the permittee or applicant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The permittee or applicant may be represented by any person.
D.
After closing the hearing, the city manager shall give a decision sustaining, reversing or modifying the decision to deny or revoke the special event permit. A written notice of final decision shall be placed, postage prepaid, in the united states mail, addressed to the permittee or applicant at the address shown on the permit application.
E.
The decision of the city manager shall be final except for judicial review by petition for writ of mandate pursuant to Section 1.16.010 of this Code.
(Ord. 29419.)