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'6. Section 203 is hereby deleted. 7. Section 204. is hereby deleted. <br /> 8. Section 205, second paragraph only is hereby <br /> deleted. <br /> 9.Table No. 3-A is hereby deleted. <br /> 10o Chapter 70 of the Appendix is hereby deleted. <br /> <br /> (6) Section 4401 is amended by adding language as follows: <br /> "Any use of public property as outlined in this chapter <br /> requires the builder to obtain an encroachment permit <br /> prior to such use and is subject to the approval of the <br /> Director of Public Works° The conditions of said permit <br /> may delete, add to or modify any of the conditions of <br /> this chapter o" <br /> <br /> SECTION 3: ENFORCEMENT. This Ordinance and the Adopted <br />Code shall be enforced by the ~trector of Public Works of the <br />City of Pleasanton acting either directly or through properly <br />authorized agents acting within the scope of the particular duties <br />delegated to them by the Director of Public Works° For such <br />purpose the Director of Public Works or his agent shall have the <br />powers of a police officer. <br /> <br /> SECTION 4: INTERPRETATION. The language used in this <br />Ordinance and in the Adopted Code is intended to convey the cormnon <br />and accepted meaning familiar to the Building Construction <br />Industry. Should any question arise, the Director of Public <br />Works is hereby authorized to determine the intent and meaning <br />of any provision of this Ordinance. Such determinations shall be <br />made in writing and a record shall be kept in the office of the <br />Department of Public Works, which record shall be available to <br />interested parties° <br /> <br /> SECTION 5: VARIANCES. The Director of Public Works shall <br />have the power to grant a variance to any of the provisions of the <br />Adopted Code upon application in writing by the affected party, <br />or his duly authorized agent, when there are practical difficultie~ <br />in the way of carrying out the strict letter of the Code, provided <br />that the spirit of the Code shall be observed, public health, <br />safety and welfare secured, and substantial justice done. The <br />particulars of such variance and the decision of the Director of <br />Public Works shall be entered in the records of the Public Works <br />Department of the City of Pleasanton and a signed copy furnished~ <br />the applicant. The granting of any variance shall not be con- <br />strued to imply or fix any liability on the part of the City or <br />any officer or employee thereof for any damages to persons or <br />property by reason of such variance. <br /> <br /> SECTION 6: APPEALS. Whenever the Director of Public Works <br />shall disapprove an application or refuse to grant a permit applie{ <br />for, or when it is claimed that the provisions of the Code or <br />this Ordinance do not apply or that the time intent or meaning of <br />the Code have been misconstrued or wrongly interpreted, the <br />applicant may appeal from the decision of the Director of Public <br />Works to the City Manager of the City of Pleasanton within 30 <br />days from the date of the decision appealed. Such appeal shall <br />be in writing and the City Manager shall within 30 days of the <br />receipt of the appeal and by written notice to the appelant either <br />uphold, reverse or modify the decision of the Director of Public <br />Wo r k s. <br /> The decision of the City Manager may be appealed within <br />30 days of said decision to the Board of Appeals established by <br />Section 7 of this Ordinance. <br /> <br /> -3 - <br /> <br /> <br />