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agent, when there are practical difficulties in the way of carry- <br />ing out the strict letter of the Code, provided that the spirit <br />of the code shall be observed, public health, safety and welfare <br />secured, and substantial justice done. The particulars of such <br />variance and the decision of the Director of Public Works shall <br />be entered in the records of the Public Works Department of the <br />City of Pleasanton and a signed copy furnished the applicant. <br />The granting of any variance shall not be construed to imply or <br />fix any liability on the part of the City or any officer or <br />employee thereof for any damages to persons or property by reason <br />of such variance. <br /> <br />SECTION 6: APPEALS <br /> Whenever the Director of Public Works shall disapprove an <br />application or refuse to grant a permit applied for, or when it <br />is claimed that the provisions of the Code or this Ordinance do <br />not apply or that the true intent or meaning of the Code have been <br />misconstrued or wrongly interpreted, the applicant may appeal from <br />the decision of the Director of Public Works to the City Manager <br />of the City of Pleasanton within 30 days from the date of the <br />decision appealed. Such appeal shall be in writing and the City <br />Manager shall within 30 days of the receipt of the appeal and by <br />written notice to the applicant either uphold, reverse or modify <br />the decision of the Director of Public Works. <br /> The decision of the City Manager may be appealed within 30 <br />days of said decision to the Board of Appeals established by <br />Section 7 of this Ordinance. <br /> <br />SECTION 7: BOARD OF APPEALS <br /> There is hereby created and established a Board of Appeals <br />consisting of five members. Each member of the Board of Appeals <br />shall be appointed by the Council for a term of two years, provideC <br />that the first two members appointed shall serve a term of one <br />year. The Board shall elect a chairman. The Director of Public <br />Works or his representative shall be an ex-officio 'member of said <br />Board and shall serve as secretary. The Board shall adopt reason- <br />able rules and regulations for conducting its business. Any Board <br />of Appeals appointed by the City Council under the provisions of <br />any other Ordinance may act as the Board of Appeals provided for <br />in this Ordinance when so directed by Resolution of the City Counc~ 1. <br /> <br />SECTION 8: DUTIES OF THE BOARD OF APPEALS <br /> The Board of Appeals shall: <br /> a. Upon receipt of a written notice of appeal from the de- <br /> cision of the City Manager by the owner or party in <br /> interest within thirty days of the date of the service <br /> of said decision or order, the Board shall entertain <br /> such appeal and conduct a hearing thereon as provided in <br /> sub-section "b" hereof. The Board of Appeals shall <br /> notify the owner or parties of interest of the hearing <br /> date, post the property with a notice of hearing and <br /> publish a notice of hearing, all as provided hereinafter. <br /> <br /> b. Hold a hearing as required by sub-section "a" above, <br /> within forty-five days after receipt of appeal, to hear <br /> such testimony as may be presented by any department of <br /> <br /> <br />