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ORD 0441
City of Pleasanton
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ORD 0441
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Last modified
3/24/2004 1:12:09 PM
Creation date
10/20/1999 11:51:25 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 0441
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SECTION 3: ENFORCENEff. <br /> This Ordinance and the Adopted Code shall be enforced by the Director of <br /> Public kbrks of the City of Pleasanton actin~ either directly or through properly <br /> authorized agents actin~ within the scope of the particular duties delegated to <br /> them by the Director of Public Works. <br /> <br /> SECTION 4: INTERPRETAT.ION <br /> The language used in this-Ordinance and in the Adopted Code is intended <br />to convey the couxmmn and accepted meaning femiliar to the Plumbing Industry. <br />Should any question arise, the Director of Public Works is hereby authorized to <br />determine the intent and meaning of any provision of this Ordinance. Such deter- <br />minations shall be made in writin8 and a record shall be kept in the office of <br />the Public Works Department, which record shall be available to interested parties. <br /> <br />SECTION 5: VARIANCES <br /> The Director of Public Works shall have the power to grant a variance <br />to any of the provisions of the Adopted Code upon application in writing by the <br />affected party, or his duly authorized agent, vhen there are practical diffi- <br />culties in the way of carryin8 out the strict letter of the Code, provided that <br />the spirit of the code shall be observed, public health, safety and welfare <br />secured, and substantial Justice done. The particulars of such variance and the <br />decision of the Director of Public Works shall be entered in the records of the <br />Public Works Department of the City of Pleasanton and a signed copy furnished the <br />applicant. The granting of any variance shall not be construed to imply or fix any <br />liability on the part of the City or any officer or employee thereof for any damages <br />to persons or property by reason of such variance. <br /> <br />SECTION 6: APPEALS <br /> ~henever the Director of Public Works shall disapprove an application <br />or refuse to grant a permit applied for, or when it is claimed that the provisions <br />of the Code or this Ordinance do not apply or that the true intent or meaning of <br />the Code have been misconstrued or wrongly interpreted, the applicant may appeal <br />from the decision of the Director of Public Works to the City Nanager of the City <br />of Pleasanton vithin 30 days from the date of the decision appealed... Such appeal <br />shall be in writing and the City ~lanager shall within 30 days of the receipt of <br />the appeal and by written notice to the appelant either uphold, reverse or modify <br />the decision of the Director of Public Works. <br /> The decision of the City Hansget may be appealed within 30 days of said <br />decision to the Board of appeals established by Section 7 of this Ordinance. <br /> <br />SECTION 7: BOARD OF APPEALS <br /> There is hereby created and established a Board of Appeals consisting of <br />five members. Each member of the Board of Appeals shall be appointed by the <br />Council for a term of two years, provided that the first t~o members appointed <br />shall serve a term of one year. The Board shall elect a chairman. ~he Director <br />of Public Works or his representative shall be an ex-officio member of said board <br />and shall serve as secretary. The board shall adopt reasonable rules and regu- <br />lations for conducting its business. Any Board of Appeals appointed by the City <br />Council under the provisions of any other Ordinance may act as the Board of Appeals <br />provided for in this Ordinance when so directed by Resolution of the City Council. <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 decision <br /> of t~e City Ranager by the ovner or party in interest vithin <br /> thirty days of the date of the service of said decision or <br /> order, the Board shall entertain such appeal and conduct a <br /> hearing thereon as provided in sub-s~ction *~** hereof. The <br /> Board of App.aals shall notify the ovner or parties of inter- <br /> est of the hearing date, post the property with a notice of <br /> hearing and publish a notice of hearing, all as provided <br /> hereinn fret. <br /> b. Hold a hearing as required by sub-section "a' above, vithin <br /> forty-five days after receipt of appeal, to hear such testi- <br /> mony as may be presented by any department of the City of <br /> Pleasanton or the omner, occupant, mortgagee, lessee or any <br /> other person having an interest. <br /> c. Nake written findings of fact within thirty days of the date <br /> of first hearing. <br /> d. The Board shall uphold, reverse or modify the City Nanager's <br /> decision. <br /> <br /> <br />
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