Loading...
HomeMy WebLinkAboutCC ORD 1984-1834 AMENDING ORDINANCE NO. 1324, 1825 AND CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITYORDINANCE NO. 1834 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING ORDINANCE NO. 1324, 1562, 1825 AND CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY. The City Council of the City of National City, California, does ordain as follows: SECTION 1. Ordinance No. 1324, 1562, 1825 and Chapter 15.04 of the Municipal Code of the City of National City are hereby repealed and replaced to read as follows: 15.04.010 Established --Jurisdiction. There is established an advisory and appeals board consisting of eight members. The advisory and appeals board shall have the following jurisdiction: A. Alternate Materials and Method of Construction: May approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, dura- bility, safety and sanitation. B. Refusal to Issue Permits. The refusal of the Director of Building and Safety or Fire Chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the Director of Building and Safety or Fire Chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. D. Interpretation of City Codes. The decision of the Director of Building and Safety or Fire Chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. (Ord. 1449 1, 1974: Ord. 1327 2, 1972). 15.04.020 Members appointed --Secretary. The members of the ad- visory and appeals board shall be appointed by the city council to a term of four years, commencing on the first day of March and expiring on the last day of February four years thereafter. The Director of Building and Safety shall act as secretary to the board. A personappointed to a vacancy on the advisory and appeals board shall serve only the unexpired portion of any term during which such a member is appointed. (0rd. 1562 1, 1977: 0rd. 1324 3, 1972). 15.04.030 Meetings--Rules--Chairman. The advisory and appeals board shall adopt rules for the conduct of its proceedings. The board shall hold meetings at a time and place fixed by its resolution. The members of the board shall elect one of their number to serve as chairman. The members of the board shall elect one of their number to serve as vice chaff jiian, to preside in the absence of the chairman. (Ord. 1324 4, 1972). 15.04.040 Special meetings. Special meetings of the advisory and appeals board may be called pursuant to the provisions of Section 54956 of the California Government Code. (0rd. 1324 5, 1972). 15.04.050 Secretary designated. The Director of Building and Safety shall be the secretary to the advisory and appeals board and shall keep the minutes thereof. (Ord. 1324 6, 1972). 15.04.060 Appeal procedure. A. Time for Making Appeal. Appeals must be initiated within ten days from the act, decision or interpreta- tation which is the subject of the appeal. B. Statement of Grounds. An appeal must be in the form of a written statement delivered to the secretary of the board within the time prescribed by subsection A. of this section. The written appeal must contain the name, address, and telephone number of the applicant and a statement of the act, decision or interpretation being appealed. The appeal must contain a brief statement of the basis for the appel- lantts contention that th.e act, decision, or interpretation in dispute was erroneous. Only those grounds stated in the written appeal may be considered by the advisory and appeals board. C. Hearing on Appeal. The advisory and appeals board shall con- sider an appeal at its next regular meeting after the filing of the appeal, unless the next regualr meeting of the board is less than ten days from the date of filing the appeal. If an appeal is filed less than ten days prior to the next regular meeting of the board, the ap- peal shall be heard at the next succeeding regular meeting of the board; but, in no event, shall more than sixty days elapse from the filing of an appeal and the hearing thereon, without consent of the appellant to the later date. D. Presentation of Appeal to Board. The appeal shall be heard and considered by the advisory and appeals board in a public meeting. The hearing may be continued from time to time as the board may deem proper to reach a just decision on the appeal. At the time of the hearing of the appeal by the board, the appellant or his legal repre- sentative shall be heard by the board. The appellant may present any oral and legal arguments and evidence he wishes in prosecuting his appeal. The Director of Building and Safety or Fire Chief shall present a written report concerning the appeal, a copy of which shall be delivered to the appellant no later than the hearing date. E. Expert Testimony. The advisory and appeals board may require an appellant to present the reports of experts bearing on the subject matter of the appeal. The responsibility for, and the expense of ob- taining and presenting expert reports, is that of the appellant. The hearing on appeal may be continued from time to time pending the re- ceipt of the reports of.experts required to be presented by the board. F. Legal Opinion of Board. At the conclusion of a hearing on appeal, the board shall deliberate in public meeting and reach a deci- sion on the merits of the appeal. The decision of the board, together with such reasons as the board cares to express, shall be reported in the form of a formal resolution. (Ord. 1324 7, 1972). 15.04.070 Appeal to council. The 'decision of the advisory and appeals board may be appealed to the city council of the city within ten days of the rendering of the disputed decision. The procedure of the appeal shall be expressed in Section 15.04.060. (Ord. 1324 8, 1972). PASSED and ADOPTED this ATTEST: day of October, 1984. Passed and adopted by the Council of the City of National City, California, on October 9, 1984 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Cooper,* Da11a, Van Deventer* Waters None AUTHENTICATED BY: Morgan None KILE MORGAN By: Mayor of the City of National City, California City Cle, `k of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on September 18, 1984 and on October 9, 1984 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1834 of the City of National City, passed and adopted by the Council of said City on October 9, 1984 (Seal) By: City Clerk of the City of National City, California Deputy