HomeMy WebLinkAboutMC-410
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ORDINAl'lC'O: NO. .MC-~.l O. u
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ORD:rNANCT~~ OF THE c:r'r~! OF SAN DERNAH.DINO ANENDlt~G CHAi?TERS
?~64, 3.5~, 3~60, 5.1~, 5.80, 8.12, 8~?j, 8.33, 8.35, 15.28,
IS.7?, 16.16, 18,,20, 19.50, 19.621, 19n7!~, 19..78, AND 19..Rl OF THE
SAN BERNARDINO MUNICIPAL CODE PERTAINING TO APPEALS TO lTIE COMMON
COUNCIL TO PRovIDE FOR UN FORM t1ETHOn AND REQlJIREtmNTS OF APPEAL
TO THE COMMON COUNCIL, AMfNDING SECTION 1.26.010 TO PROVIDE FOR
SHORTRR TIME I,IMITATION WI~IIIN WHICII ACTION MUST BE FILED
FOLLOIHNG COMMON COUNCIL Df:'~ISION PERTAINING TO DANGEROUS
BUILDINGS, AND REPEALING SECTION 19.81.030 OF THE SAN
BERNARDINO MUNICIPAL CODE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
8 DO ORDAIN AS FOLLOWS:
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:;[i;CTION 1. :;ection 1.26.010 of the ';an Bernardino Municipal
10 Code if) amended to read:
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"1.?6.010 Adoption of time limits of Section l091f.6 of the
12 Code of Civil Procedure.
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Any judicial action taken to revie~l, set aside, annul or
14 vacate any decision, finding, or action taken by the Mayor and
15 Common Councilor of any commission, board, officer, or agent of
16 the City of San Bernardino shall be filed within the time limits
17 prescribed in California Code of Civil Procedure Section 1094.6.
18 For abatement of dangerous buildings pursuant to the provisions
19 of Chapter 15.28 of this Code, a thirty day time limitation
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!within whi.ch a judicial action to review, set aside, annul or
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ivacate any decision, finding, or action taken by the Mayor and
[common Council is imposed, due to the urgency or relief reoulred
~for th: public health and safety.
I II any sentence, clause or phrase of tllis section is for any
I reason held to be invalid or unconstitutional, such decision
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II shall not affect the va1i.dity of the remaining portion of this
Ii see t ion. "
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Section? .6/f.020 of the 31m Bernardino t1unicipal
MCr410
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amended to read:
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"?.6L".0:W When procedure not applicable.
I The appeal procedure prescribed in this chapter shall not
Ilapply ,.hen other provisions of this Code, an ordinance or
~reSolution provides a method of appeal to a board, commission,
Icommittee, a public hody or employee in specific cases, and shall
'not apply to law enforcement activities involving ordinances or
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state law, or to the decisions of the Civil Service Board. These
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procedures shall apply to any and all appeals to the Common
Council authorized in this chapter or in other provisions of the
Code, unless expressly otherwise provided."
SECTION 3. Section 2.64.040 of the San Bernardino Municipal
iCode is amended to read:
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"2.6/+.040 Notice of appeal - Time limit.
15 Any such notice of appeal shall not be valid and shall not
16 be acted upon unless filed w'ithin fifteen days after the date of
17 the action or decision appealed from. If notice of such action
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has not been provided in writing, and the appellant had no notice
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iof the hearing at which the action was to be considered, the
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~appellant may, within five days after first becoming aware of
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II such action, demand written notice thereof, and shall have ten
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II days following slIch notice in which to file the notice of appeal.
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~A prospective appellant who was present at the time the action or
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Ii decision relating thereto "Jas made shall be presumed to have
~constructive not~ce thereof and shall file a'notice of appeal
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Ii within fifteen days after the date of the action or decision."
I SECTION 4. Section 2.64.050 of the San Bernardino Municipal
Code is amended to read:
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"2.6!{..050 Noti.ce of appeal .- Contents.
The notice of appeal shall be in ,'Iriting and shan set forth
(a) the specific action 8ppealed from, (h) the specific grounds
of the appeal, and (c) the relief or action sought from the
Common Council. In the event any notice of appeal fails to set
forth any information required by this section, the City Clerk
shall return the same to the appellant with a statement of the
respects in which it is deficient, and the appellant shall
thereafter be aIlowed five days in which to perfect and refile
his or her notice of appeal."
SECTION 5. Section 2.64.070 of the San Bernardino Municipal
12 Code is amended to read:
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"7..6!.r.070 Puhlic hearinp, may be held.
14 No public hearing shall he held by the Common Council on any
15 such appeal; however, a public hearing may he held ,,,hen the same
16 is deemed by the Common Council to be in the public interest."
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SECTION 6. Section 2.64.080 of the San Bernardino Municipal
18 Code is amended to read:
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"2.6/, .080 Consideration by Council.
At the time of consideration of the appeal by the Common
21 Council, if evidence is to be received, the appellant shall be
22 limited to presenting new or additional evidence which v,as not
23 available at the time of the original decision, together with
24 argument, all of which shall be limited to the specific grounds
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of appeal and matters set forth in his or her notice of appeal.
I, The appellant shall have the burden of establishing cause why the
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II action appealed from should be altered, reversed or modified.
[I The department or agency whose action is being considered shall
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i hS'Te the
I evtdence
anYR The Common Council shall review tile
opportunity
to answer ar~uments made and rebut new
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off ered, if
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evidence, findings and record relating to tIle decision or action
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and may, in the discretion of the Common Council, receive new or
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,additional evidence. In no event shall cumulative or repetitive
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I evidence be offered. The Common Council may continue the matter
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I from time to time, and at the conclusion of its consideration may
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~affirm, reverse or modify the action appealed from and may take
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~any action which might have been legally taken in the first
~ instance by the official or body from whose action the appeal has
~been taken. In the ruling on the appeal, the findings and action
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I of the Common Council shall be final and conclusive in the
I matter."
SECTION 7. Section 3.52.100 of the San Bernardino Municipal
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]5 Code is amended to read:
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"3.52.100 Appeal.
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Any operator aggrieved by any decision of the City Clerk
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Iwith respect to the amount of such tax and penalties, if any, may
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II appeal to the Common Counc il in accordance wi th the provis ions of
Ii Chapter 2.6t.. Any amount found to be due by the Council shall
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II immediately become due and payable upon the service of notice."
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I SECTION 8. Section 3.60.090 of the San Bernardino Municipal
I Code is amended to read:
"3.GO.090 Appeal.
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I with respect to the amount of such tax, interest and penalties,
I if any, may appeal to the Common Council in accordance with the
Any distributor aggrieved by any decision of the City Clerk
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provisions of Chapter 7.64.
Any amount found to be due by the
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1 Council shall immediately become due and payable upon the service
2 of such notice."
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SECTION 9. Section 5.12.130 of the San Bernardino Muni~ipal
4 Code is amended to read:
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"5.12.130 Appeal.
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Any applicant aggrieved by the decision of the Chief of
7 Police with reference to the issuance, conditional issuance or
8 denial of a license, may appeal to the Common Council in
9 acconlance ,.ith the provisions of Chapter 2.6i~."
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SECTION 10. Section 5.80.220 Subsection D of the San
11 Bernardino Municipal Code is amended to read:
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"D. An order of suspension from .]hich an appeal is taken as
13 provided in this section shall be of no force or effect until
14 such appecd. i.s fully determined."
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SECTION 11. Section 5.80.220 Subsection E of the San
16 Bernardino Municipal Code is hereby repealed.
17 SECTION 12. Section 8.12.170 of the San Bernardino
18 Municipal Code is amended to read:
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"8.12.170 Appeal.
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I In the event that any person believes that unreasonable
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I restrictions or unnecessary and extraordinary hardship or damage
i will be imposed on him or her by the enforcement of any of the
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II provisions of this chapter or by the application of any of the
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'standards hereof adopted or by the adoption or application of any
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ndes or regulations by the electrical inspector, or from any
:1 rulings or determinations of such inspector, such person may
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II appeal therefrom to
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the Common Council in writing in accordance
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of Chapter 2. otl ."
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SECTION 13. Section 8.27.110 of the San Bernardino
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Municipal Code is amended to react:
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"8 . 2 7 . 111) l' b . t . t t
.-. ~earings on 0 Jec 10ns 0 assessmen .
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Upon the hearing, the Board shall make such modifications in
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the assessment as are warranted by the evidence oresented. The
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decision of the Board is final, subject to a right of appeal to
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the Mayor and Common Council pursuant to Chapter 2.64 of the San
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Bernardino Municipal Code. Any such appeal must he filed with
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the City Clerk '",ithin ten days of the decision of the Board of
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Building Commissioners~"
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SECTION 14. Section 8.33.060 Subsection A of the San
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is amended to read:
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Hhenever any person is aggrieved by any final order of
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the Board of Building Commissioners concerning the abatement of a
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jnuisance, such person may appeal to the Common Council in
accordance with the provisions of Chapter 2.64. No proceedings
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or action shall lie against the City nor against the Council nor
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ithe Board nor any member thereof, nor against any officer, agent,
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~or employee of the City to review or enjoin the enforcement of
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lits determination or orders of the Common Council made pursuant
jhereto, or to recover damages for carrying out such orders in a
ili lawilll and reasonabl e manner unless such action is commenced
'within thirty days from and after service of notice of the
I, f' ,. d d . . C I C C . ] "
I'. 1OCl1ngs an ,etennlnatlon or tIe ,ommon ,0unCl..
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jMunicipal Code is amended to read:
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S}~CTION
15.
Section 8.36.120 of the San Bernardino
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"8.36.120 Appeal.
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Any interested party may appeal the decision of the City
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Administrator to the Common Council in accordance with the
2 provis ions of Chapter 2 .IiL, ."
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SECTION 16. Section 15.28.090 Subsection A of the San
4 Bernardino Municipal Code is amended to read:
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"A. Hhenever any person is aggrieved by any final order o:i:
6 the Board of Building Commissioners concerning correction of
7 substandard conditions or the abatement of a nuisance, such
8 person may appeal to the Common Council in accordance with the
9 provisions of Chapter 2.64. No proceeding or action shall lie
against the City nor against the Council nor the Board nor any
member of either thereof, nor against any officer, agent, or
employee of the City to review or enjoin the enforcement of its
determination or orders of the Council made pursuant hereto, or
to recover damages for carrying out such orders in a lawful and
reasonable manner, unless such action is commenced within thirty
,days from and after service of notice of the findings and
!determination of the Board, or, after timely appeal, within
I thirty days after notice of the decision of the Common Council."
I SECTION 17. Section 15.72.100 Subsection A of the San
I Bernardino Municipal Code is amended to read:
I "A. The Common Council is designated as the appeal board.
~Interested persons may appeal a decision of the City Engineer in
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II accordance wi th the provis ions of Chapter 2. 6lt."
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, SECTION 18. Section 16,16.060 of the San Bernardino
Municipal Code is amended to read:
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ii "16.16.060 Appeal.
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II An Applicant may appeal to
idenial of a permit, or from the
the Common Council from the
terms and conditions of a permit.
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Such appeal shall be in accordance with the provisions of Chapter
2 2.64."
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SECTION 19. Section 18.20.130 of the San Bernardino
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II Municipal Code is amended to read:
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- Appeal.
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"18.20.130
DecIsion by
the Commission
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The decj.sion of the Commission shall be final. unless an
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appeal is taken to the Common Council in accordance with the
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provls ions of Chapte:c 2. 6Lf."
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SECTION 20.
Section 19.50.050 of the San Bernardino
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Commission shall make findings and render a decision in writing.
"19.50.050
Findings
and decisions
- Appeal.
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Within forty days after the conclusion of the hearing, the
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A written report of the findings and decision of the Commission
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shall be filed with the Common Council and mailed to the
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report a decision to the Council within forty days shall be
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: deemed to constitute a deni.ql ~
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il appeal is taken to the Common Council in accordance with the
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The decision of the Commission
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shall be final unless an appeal is taken to the Common Council in
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accordance with the pro vis ions of Chapter 2.6/,.."
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SECTION 21.
Section 19.68.130 of the San Bernardino
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Nllnlcipal Code is amended to rea.d:
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"19.68.1.30
Decision
- Appeal.
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The decision of the Commission shan be final unless an
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provisions of Chapter 2.6Lf."
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SECTION 2.2..
Section 19.74.140 of the San Bernardino
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Municipal Code is amended to read:
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"Section 19.74.1/;0 Decis::_on - AppeaL
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The decision of the Commission shall be final unless an
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appeal is taken to the Common Council in accordance with the
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provis ions of Chapter 2. 6LI. "
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SECTION 23. Section 19.78.070 of the San Bernardino
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Municipal Code is amended to read:
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"J.9.78.070 Decision hy the Commission - Appeal.
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The decision of the Commission shall be final unless an
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appeal is taken to the Common Council in accordance \'lith the
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provi s ions of Chapter 2. 6ft. "
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SECTION 24. Section 19.78.110 Subsection E of the San
12 Bernardino Municipal Code is amended to read:
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"E. Any person aR;grieved or affected by the decision of the
14 Commission may appeal to the Common Council in accordance with
15 the provisions of Chapter 2.6/.."
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SECTION 25. Section 19.81.010 of the San Bernardino
17 Municipal Code is amended to read:
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"19.81.010 Filing.
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Any action pursuant to the provisions of Title 19 of the
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I Planning Commission or the Parking Place Commi.ssion, or of any
I administrative officer for which appeal procedures are not
I otherwise provided, may be appealed by the applicant, any City
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officer or other interested person aggrieved by or adversely
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affected by the action, to the Common Council in accordance with
25 the provisions of Chapter 2.64. In addition, the Common Council
26 Imay, on its own motion, calise any sllch decision to be appealed.
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27 I The filing of an appeal stays proceeding~ until the determination
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SECTION 26. Section 19.81.030 of the San Bernardino
Municipal Code is hereby repealed.
I HERE:BY CERTIFY that the foregoing ordi.nance 'flas duly
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II adopted by the Mayor Bnd Common Council
Bernardino at a __r:BQ:l1laL
of the City of San
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meeti.ng thereof, held
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on the
day of _.,_ Sppt-puillar
, 1984, by the following
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II vote, to "Tit:
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AYES:
Council Members __c&lstageda, Reilly~"rni'Lndeb,_
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!v.iar].;.s. Ouiel... P_+.:..~~i.~....._~trickler_~______
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NAYS:
_.NonL-.._____
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ABSENT:
None
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/ Ci ty Cerl<
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The foregoing ordinance is
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of -.i?~tember
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sa~iino--
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i Approve<l as to form:
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20 i /~f '/,/ ,y/ L"
I / ' 1/? y; )' ,,<, ~ t .0'
I _'L.C4., ""~ v- / o-.J ~
~l foil Ci ty"Mtorney---'7/7"---
(-c~' /~/ I / I
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