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O 446 C.S. ",." ..... . " ORDINANCE NO. ~C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING, REPLACING OR REPEALING CERTAIN SECTIONS OF TITLES 1, 3, 4, 5, 6, 7, 8, 9 and 10 OF THE MUNICIPAL CODE, PERTAINING TO "APPEALS" WHEREAS, The Arroyo Grande Municipal Code contains conflicting time periods and procedures in the various sections pertaining to "appeals;" and WHEREAS, it is desirable for consistency and efficiency to have one appeal procedure apply to the entire Municipal Code. I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN: L SECTION 1. That Municipal Code Title 1, Chapter 4, Sections 1-4.01 through 1-4.06 be amended to read as follows: Chapter 4. Appeals Sec~ 1-4.01. Rioht to Anpeal. Except as otherwise specifically provided in this Code, any person aggrieved by the denial, liIuspension, or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this Code, or to an administrative decision made by any official or commission of the City pursuant to any of the provisions of this Code, may appeal in writing to the council by filing with the City Clerk a written notice of appeal on a form provided by the City Clerk, setting forth the specific grounds for appeal. The Appeal notice shall include the required fee set by a resolution of the Council. The Council's authority to review the decision being appealed is not limited to the original reason stated for the appeal. The Council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken, and is not limited to the reason stated for the appeal. The decision of the Council shall be final. Sec. 1-4.02. Time within which an apneal shall be filed. The written notice of appeal shall be filed with the City Clerk within fifteen (15) consecutive business days followinq the date of action for which an appeal is made or fifteen (15) consecutive business days following the date the notice of the action was published, which ever is later. If the last day to file a notice of appeal under this section falls on a holiday, the following business day shall be deemed the last day to file a notice of appeal. Sec. 1-4.0~. Hearin9s! Notice. The City Clerk shall set a hearing date within thirty (30) days of the filing of the appeal form provided by the City Clerk. I In hearing an appeal, the council may affirm, affirm in part or i reverse or otherwise modify the previous determination that is the subject of appeal. At the hearing, the appellant shall state the specific reasons for the basis of the appeal. The council may ~. continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter. Sec. 1-4.04. Ri9ht of Council to ann~al commission decisions. The Council may appeal any decision by a city commission, whether an appeal is provided for under Sec. 1-4.01 of this chapter or otherwise specifically provided for in this Code. For the council to appeal a decision under the provisions of this section, the council shall adopt a motion to appeal. such action within fifteen (15) consecutive business days following the date of the action from which an appeal is made. Sec. 1-4.05. Riqht of Council to &ppeal commission decisions! Hearin9s! Notices. upon adoption of a motion by the Council to appeal a --- -~------- -~---..._.. .', . ORDINANCE NO. 446 C.S. PAGE 2 commission decision, the City Clerk shall forthwith set the matter for a hearing before the council at a subsequent regular meeting and shall cause notice thereof to be given to the commission whose action is being reviewed and to the aggrieved applicant, property owner, or person affected by such decision. Sec. 1-4.06. ,Riqht of Council to aQpeal commission decisians~ Decisions. At the close of the hearing the Council may affirm, revise, or modify the decision appealed. If the Council does not take any action within sixty (60) days fOllowing the hearing, the action ...... appealed shall be deemed affirmed. I SECTION 2. That the following Municipal Code sections, or parts , I thereof, pertaining to appeals shall be repealed in their entirety: V .-'" .-'" ,/ sec%3-L216(d),~ec. 3-1.307J,p), Sec. 3-3.310, Se 4-3.17, Sec,c> 4-6.04, s~. 4-6.05, sef,' 4-8.05, sec~-17':'17(b), Sec. -4.12(e 2) Sec. ~.11, Sec. 5jf:1.l9, Sec. 5-19. ~4.), Sec. 5-20. 4(e), sec.:./ 6-1.1 e), Sec. 6-6 301, Sec. 6-8.04 ),~c:. 7-1.~ and Sec 10 3.10. SECTION 3. That the following Municipal Code Sections pertaining to appeals shall be amended as follows: TITLE 3. FINANCE CHAPTER 3. TAXES Sec. 3-3.309. Failure to collect and reDort tax: Determination of tax by Tax Administrator. . If any operator shall fail or refuse to collect such tax and to make, within the time provided in this article, any report and remittance of such tax, or any portion thereof, required by the provisions of this article, the Tax Administrator shall proceed in such manner as he may deem best to obtain the facts and information on which to base his estimate of the tax due. As soon as the Tax Administrator shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by the provisions of this article and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the Tax Administrator shall proceed to determine and assess against such operator the tax, interest, and penalties provided for by the provisions of this article. In the event such determination is made, the Tax Administrator shall give notice of the amount so assessed by serving it personally or by depositing it in t~e United States mail, postage prepaid, addressed to the operator so assessed at his last known place .of address. Such operator may, within ten (10) days after the serving or mailing of l such notice, make application in writing to the Tax Administrator for a hearing on the amount assessed. If an application by the operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. If such an application is made, the Tax Administrator shall give not less than five (5) days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in such notice why the amount specified therein should not be fixed for such tax, interest, and penalties. At such hearinq the operator may appear and offer evidence why such specified tax, interest, and penal ties should not be so fixed. After such hearing the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this section of such determination and the amount of such tax, interest, and penalties. , , .'. .. 219 ORDINANCE NO. 446 C.S. PACE 3 TITLE 4. PUBLIC SAFETY CHAPTER 9. OBSTRUCTIONS IN STREAMS, DRAINAGE CHANNELS AND WATERCOURSES Sec. 4-9.01. Public nuisances~ Abatement. Any structure, fence, conduit, wall, tree, shrubbery, masonry, pipe, lumber, or other material which obstructs or constitutes a hazard to the free flow of water through a stream, drainage channel, or watercourse, is hereby declared to be a public: nuisance. Any such public nuisance may be abated under the direction of the Director of Public Works fifteen (15) days after he has caused a notice of the hazardous condition to be mailed to ~ the concerned property owner or owners as required by Government Code Section 3873. . CHAPTER 10. TRAFFIC VISIBILITY OBSTRUCTIONS Sec. 4-10.03. Notices to abate pUbl\c nuisances. Whenever the Director of PUblic Works, following review by the parking and Traffic commission, finds a public nuisance to exist as set forth in Section 4-l0.0l of this chapter, such public nuisance may be abated under the direction of the Director of Public Works fifteen (l5) days after he has caused a notice of hazardous condition to be mailed to the concerned property owner as required by Government Code Section 3873. TITLE 5. PUBLIC WELFARE, MORALS, AND CONDUCT CHAPTER 8. SECONDHAND AND. JUNK DEALERS Sec. 5-B.07(b'. License Suspension or Revocation. (b) No suspension or revocation shall be effective until the Chief of Police gives ten (10) days written notice of the basis for the suspension or revoca-cion and provides the licensee wi-ch a reasonable opportunity to be heard on the suspension or revocation. CHAPTER 12. BINGO GAMES Section 5-12.96. Licens~s: Suspension or revocation: Hea~in9s~ Notices. - (a) Licenses to conduct bingo games shall be suspended by the Chief of Police for a period up to thirty (30) days if the licensee has violated any of the provisions of this Chapter. Prior to the suspension, the licensee shall be given notice and the opportunity to be heard. Such hearings shall be before the Chief of POlice, and a notice shall be given at least five (5) days prior to such hearing, which notice shall contain the grounds set forth for the proposed suspension. . '-- TITLE 6. SANITATION AND HEALTH CHAPTER 4. GARBAGE AND REFUSE Sec. 6-4.13. Disputes. In all cases of disputes or complaints arising from or concerning the place where refuse, garbage, wet garbage, and rubbish receptacles shall be placed while awaiting the removal of their contents, or concerning the cost of such removal, the same shall be determined by the Health Officer or Director of PUblic Works. -'. ... ," 220 ORDINANCE NO. 446 C.S. PAGE 4 TITLE B. BUILDING REGULATIONS CHAPTER 11. BUILDING MOVING Sec. 8-11-06. ~pplications: Investiaations. In order to determine any of the matters presented by the application, the Building Official may cause to be made any investigation which he believes necessary or helpful, and he may refer the matter for further investigation to the City Council. l' t' H' 'i Sec. 8-11.07. ~n 1ca 10ns: ear1nqs. i If the City council deems it necessary or expedient to do so, I it may set any such application for a hearing before a member of i the Councilor representative thereof to be given as the Council ! may deem appropriate. Thereafter, the findings of said hearing shall be reported to the Council for its consideration along with any other information before it. TITLE 9. DEVELOPMENT CODE CHAPTER 2. APPEALS Sec. 9-02.150 B. 2. and 3. Filina of Apneals. 2. An appeal of a Planning Director action shall be filed with the secretary of the Planning Commission within fifteen (15) consecutive business days following the date of action for which an appeal is made. If the last day to act falls on a' holiday, the following business day shall be deemed the last day to act. 3. An appeal of a Planning commission decision shall be filed in the office of the city Clerk and with the Planning Director within fifteen (l5) consecutive business days following the date of action for which an appeal is made. . It the last day to act falls. on a holiday, the following business day shall be deemed the last day to act. TITLE 10. PARKS AND RECREATION CHAPTER 3. COMMUNITY TREE PROGRAM i Sec. 10-3.09(j) In the event the permit-granting authority desires Landmark designation for any tree, the permit-granting authority shall convey such recommendation to the City Council via the Planning Commission for consideration and recommendation and shall withhold issuance of such permit until the City Council has adopted a resolution conferring Landmark designation. SECTION 4. This ordinance shall become effective thirty (30) ~ days after the date of its adoption, and within fifteen (l5) days I after its adoption, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of I general circulation within the City. On motion of Council Member Dougall , seconded by Council Member Smith , and on the following roll call vote, to wit: AYES: Council M.:!mbers Dougall, Smith, footXIts, Gallagher and Mayor Millis NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 26th day of May, 1992. I I ----- --- . . . . . . - . . 221 ORDINANCE NO. 446 C.S. PAGE 5 ATTEST: APPROVED AS TO FORM: ,-. I, NANCY A. DAVIS, CITY CLERK of the City of Arroyo Grande, County of San Luis Obispo, state of California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 446 C.S. C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 26th day of May , 1992. WITNESS m~ hand and the Seal of the city of Arroyo Grande affixed this 1 th day of June , 1992. ~a.~ NANCY A. AVIS, CITY CLERK CITY OF. ARROYO GRANDE , j I . \.-