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HomeMy WebLinkAboutOrdinance 044 ORDINANCE NO. 44 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTIONS 8.04.230 AND 8.04.130 OF TITLE 8 OF THE ATASCADERO MUNICIPAL CODE RELATING TO BUILDINGS AND CONSTRUCTION AND ESTABLISHING A BOARD OF APPEALS The Council of the City of Atascadero ordains as follows: Section 1. Section 8.04.120 and 8.04.130 of Title 8 of the Atascadero Municipal Code are amended to read as follows: Section 8.04.120. Board of appeals established. In order to conduct hearings to determine the suitability of al- ternate materials and methods of installation, and to provide for rea- sonable interpretations of the provisions of this Code, there is here- by established a Board of Appeals. The Board shall consist of five (5) members, two (2) of whom shall be general contractors, one (1) one whom shall be an architect or structural engineer, one (1) of whom shall be a specialty contractor , all of whom shall be qualified by experience and training, and one (1) of whom shall be a member of the public who is not one of the foregoing. Members of the Board of 1 Appeals shall be appointed by and serve at the pleasure of the City Council. The Building Official of the City shall serve as secretary ex-officio to the Board. In order to be eligible for appointment to the Board, the person shall .live within the City. Terms of initial appointment shall be for a term of two (2) years for two (2) members, for a term of four (4) 1 years for three (3) members with four (4) year terms for subsequent appointments. Each member of the Board shall be required to comply with the applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000, et seq. The Board shall adopt reasonable rules and regulations, subject to approval and adoption by the City Council, for conducting its business which shall conform to the requirements of the Ralph M. Brown Act, California Government Code Section 54950 , et. seq. , and shall render all decisions and findings in writing with a copy to the appellant. Section 8.04.130 . Appeal procedure. Any person aggrieved by a decision of the Planning Department re- lated to any manner within the purview of this title, shall have the right to appeal the, decision. The appeal shall be filed with the Building official within fifteen -(15) business days after the render- t ing of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing. Ordinance No. 44 - Board of Appeals • The secretary of the Board shall set the time and place for a ' hearing on the appeal, and notice of the hearing shall be published in a newspaper of general ciculation and shall be given to the appellant by mailing it to him, postage prepaid, at his last known address, at least ten (10) calendar days prior to the date set for hearing. Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board ' and to the public no less than three (3) working days prior to the date set for the hearing. Any Department Head shall have the right to be heard on any matter coming before the Board. The decision of the Board on the appeal shall not become final until ten (10) working days after the Board has made its determination in order to allow time for an appeal to be made to the Council from the Board' s decision. Any party aggrieved by the determination of the Board shall have the right to appeal its determination to the Council. Such appeals must be filed with the City Clerk within ten (10) working days after the Board has made its determination. ' The Council shall set appeal fees to the Appeals Board and to the City Council by resolution. There shall be no charge for city- initiated appeals. Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atas- cadero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Section 36933 of the Government Code; shall certify the adoption and posting of this ordin- ance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after passage and shall termination three (3) years from its effective date on December 10 , 1981. The foregoing ordinance was introduced on October 26 , 1981, and adopted and ordered published on November 9 , 1981, by the following vote: AYES: Councilmen Highland, Mackey, Nelson, Stover, and Mayor Wilkins 1 NOES: None ABSENT: None RO ERT J. WI INS, JR. , or 2 Ordinance No. 44 B3ard of Appeals ATTEST• e MURRKY L. ARDEN, City Clerk APPROVED AS O FORM: ' ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: RLrJYY.' WAADEN, City Manager 3 i 1 1 CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 44 passed by the Atascadero City Council at its regular Council meeting held on November 9 , 1981 1 U y LWAR N, City Cl Ci, y of . erl� tascadero, California 1 1 1 1 i 1 1 1 1 1 1