ORD 0440 - Laserfiche WebLink

sECTION 5: VARIANCES The Director of Public Works shall have the power to grant a variance to any of the provisions of the Adopted Code upon application in writing by the affected party, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the code shall be observed, public health, safety and welfare secured, and sub- stantial Justice done. The particulars of such variance and the decision of the Director of Public Works shall be entered in the records of the Public Works De- partment of the City of Pleasanton and a signed copy furnished the applicant. The granting of any variance shall not be construed to imply or fix any liability on the part of the City or any officer or employee thereof for any damages to persons or property by reason of such variance. SECTION 6: APPEALS Whenever the Director of Public Works shall disapprove an application or refuse to grant a permi~ applied for, or when it is claimed that the provisions of the Code or this Ordinance do not apply or that the true intent or meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Director of Public Works to the City ~4anager of the City of Pleasanton within 30 days from the date of the decision appealed. Such appeal shall be in writing and the City Manager shall within 30 days of the receipt of the appeal and by written notice to the appelant either uphold, reverse or modify the decision of the Director of Public Works. The decision of the City Manager may be appealed within 30 days of said decision to the Board of Appeals established by Section 7 of this OrdinanCe. SECTION 7: BOARD OF APPEALS There is hereby created and established a Board of Appeals consisting of five members. Each member of the Board of Appeals shall be appointed by the Council for a term of two years, provided that the first two members appointed shall serve a term of one year. The Board shall elect a chairman. The Director of Public Works or his representative shall be an ex-officio member of said board and shall serve as secretary. The board shall adopt reasonable rules and regulations for conducting its business. Any Board of Appeals appointed by the City Council under the provisions of any other Ordinance may act as the Board of Appeals provided for in this Ordinance when so directed by Resolution of the City Council. SECTION 8: DUTIES OF THE BOARD OF APPEALS The Board of Appeals shall: a. Upon receipt of a written notice of appeal from the decision of the City Planager by the owner or party in interest within thirty days of the date of the service of said decision or order, the Board shall entertain such appeal and conduct a hearing thereon as provided in sub-section "b" hereof. The Board of Appeals shall notify the owner or parties of inter- est of the hearing date, post the property with a notice of hearing and publish a notice of hearing, all as provided hereinafter. b. Hold a hearing as required by sub-section "a" above, within forty-five days after receipt of appeal, to hear such test- imony as may be presented by any department of the City of Pleasanton or the owner, occupant, mortgage, lessee or any other person having an interest. c. Make written findings of fact within thirty days of the date of first hearing. d. The Board shall uphold, reverse or modify the City Managerts decision. ~ECTION 9: NOTIFICATION A notice given by the Board of Appeals shall be served personally or be sent by registered or certified mail, postage prepaid, return receipt requested, to the person o~ning the land on which the building or structure is located, as such person's n~me and address appear on the last equalized assessment roI1, and to a mortgagee or beneficiary under any Deed of Trust of record, at the last known address of such mortgagee or beneficiary provided that if the whereabouts of such persons are unknown and the same cannot be ascertained by the City Engineer in the exercise of reasonable diligence and the City Engineer shall make an affidavit to that effect, then said notice shall be served by publishing same once each week for two consecutive weeks in a newspaper published in the City of Pleas- anton and by posting said notice on the property prior to the date of first pub- lication. Such notice shall contain, among other things, the followin~ infor- mation: