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a. Name of owner or other persons interested, as provided herein above. <br /> b. Street address and legal description of the property on which such <br /> a building or structure is located. <br /> c. A general description of the matter which is being appealed. <br /> d. The Owner's right of appeal to the City Council. <br /> <br />SECTION 10: APPEAL TO COUNCIL <br /> a. Any person aggrieved or alleging error by the action of the Board of <br /> Appeals in the administration or enforcement of this Ordinance may <br /> make application to the City Clerk in the manner prescribed by the <br /> City Council within seven days from the date of the action that is <br /> appealed. <br /> b. Application shall be accompanied by a verification by at least one <br /> of the petitioners, attested before a notary public or person <br /> authorized to administer oaths, or by a sworn declaration under <br /> penalty of perjury. <br /> c. A public hearing shall be held by the City Council within thirty <br /> days from the date of the appeal. Notice of time, place and purpose <br /> of the hearing shall be given by the City Clerk by publication once <br /> in a newspaper of general circulation published within the City limits <br /> at least ten days prior to said hearing. <br /> d. A full record in writing shall be submitted by the Board of Appeals, <br /> setting forth reasons for the action taken. <br /> e. The Council shall find whether, in its opinion, an error was made. <br /> f. The Council may affirm, reverse or modify the action appealed, as it <br /> deems just and equitable, and exercise all rights of other officers <br /> or the Board of Appeals. <br /> g. Action of the City Council nmy be reviewed by competent courts. <br /> <br />SECTION 11: PENALTIES <br /> Any person, firm or corporation violating any of the provisions of this <br />ordinance shall be deemed guilty of a misdemeanor, and each such person, firm or <br />corporation shall be deemed guilty of a separate offense for each and every day or <br />portion thereof during which any violation of the provisions of this ordinance is <br />committed, continued, or permitted, and upon conviction of any such violation such <br />person, firm or corporation shall be punishable by a fine of not more than $300.00, <br />or by imprisonment for not more than 90 days, or by both such fine and imprisonment. <br /> <br />SECTION 12: LIABILITY <br /> No officer, agent or employee of the City of Pleasanton shall render <br />himself personally liable for any damage that may accrue to persons or property as <br />a result of any act required or permitted in the discharge of his duties under <br />this ordinance. Any suit brought against any officer, agent or employee of the <br />City of Pleasanton, as a result of any act required or permitted in the discharge <br />of his duties under this ordinance shall be defended by the City Attorney until <br />final termination of the proceedings. <br /> <br />SECTION 13: ACT NOT EXCLUSIVE <br /> Nothing in this ordinance shall be construed to abrogate or impair the <br />power of the City of Pleasanton or any department thereof to enforce any provision <br />of its ordinances or regulations, nor to prevent or punish violations thereof, and <br />any powers conferred by this ordinance shall be in addition to and supplemental to <br />powers conferred by other laws, nor shall this ordinance be construed to impair <br />or limit in any way the power of the City of Pleasanton to define and declare <br />nuisances and to cause their removal or abatement by summary proceedings, or in <br />any other manner provided by law. <br /> <br />SECTION 14: SEVERABILITY <br /> If any section, subsection, sentence, clause or phrase of this ordinance <br />is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of <br />the remaining portions of this ordinance. The City Council hereby declares that <br />it would have passed this ordinance, and each section, subsection, sentence, clause <br />and phrase, thereof, irrespective of the fact that any one or more of the sections, <br />subsections, sentences, clauses or phrases thereof be declared invalid or un- <br />constitutional. <br /> <br /> <br />