ORD 0441 - Laserfiche WebLink

S.SCTXO. : mTXnC TXON 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 owning the land on which the building or structure is located, as such person's name and address appear on the last equalized assessment roll, 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 exorcise 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 t~o 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 following infor- mation: a. Name of owner or other persons interested, as provided herein above. b. Street address and legal description of the property on which such a building or structure is located. c. A general description of the matter which is being appealed. d. The Owner's right of appeal to the City Council. SECTION 10. APPEAL TO COUNCIL a. Any person aggrieved or alleging error by the action of the Board of Appeals in the administration or enforcement of this Ordinance may make application to the City Clerk in the manner prescribed by the City Council within 7 days from the date of the action that is appealed. bo Application shall be accompanied by a verification by at least one of the petitioners, attested before a notary public or person authorized to administer oaths, or by a sworn declaration under penalty of perjury. c. A public hearing shall be held by the City Council within 30 days from the date of the appeal. Notice of time, place and purpose of the hearing shall be given by the City Clerk by publication once in a newspaper of general circulation published within the City limits at least ten days prior to said hearing. d. A full record in writing shall be submitted by the Board of Appeals, setting forth reasons for the action taken. e. The Council shall find whether, in its opinion, an error was made. f, The Council may affirm, reverse or modify the action appealed, as it deems Just and equitable and exercise all rights of other officers or the Board of Appeals. g. Action of the City Council may be reviewed by competent courts. SECTION 11: PENALTIES Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guitty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this ordinance is connitted, continued, or permitted, and upon conviction of any such violation such person, firm or corporation shall be punishable by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprison- ment. SE.C..TION..].2.: L.IABILXTY No officer, agent or employee of the City of Pleasanton shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent or employee of the City of Pleasanton, as a result of any act required or permitted in the discharge of his duties under this ordinance shall be defended by the City Attorney until final termination of the proceedings. aCTION 13: ACT NOT EXCLUSIVE Nothing in this ordinance shall be construed to abrogate or impair the power of the City of Pleasanton or any department thereof to enforce any provision of its ordinances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this ordinance shall be in addition to and supplemental to powers conferred by other laws, nor shall this ordinance be construed to impair or limit in any way the power of the City of Pleasanton to define and declare nuisances and to cause their removal or abatement by summary proceedings, or in any other manner provided by law.