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HomeMy WebLinkAboutCC RES 00-33 RESOLUTION NO. 00-33 2 A RESOLUTION OF THE CITY COUNCIL OF THE 3 CITY OF TUSTIN, CALIFORNIA, DELEGATING HEARING AUTHORITY FOR APPEALS OF CODE 4 ENFORCEMENT FEE ASSESSMENTS/LIENS TO THE 5 CITY OF TUSTIN PLANNING COMMISSION. 6 7 WHEREAS, Government Code Section 54988 provides that the legislative body of a city may collect any fee, cost or charge incurred in the abatement of a public nuisance,. inspection, a correction/abatement of a violation and enforcement of zoning ordinances. 9 WHEREAS, code enforcement fees shall not exceed the actual cost incurred in performing ~0 the inspection and enforcement activity. WHEREAS, code enforcement fees shall not apply to owner-occupied residential dwelling units or where a violation was evident on plans approved by the City. 12 WHEREAS. if code enforcement fees are not been paid within forty- five (45) days after nodc~ thereof, the fee shall become a lien on the property to be paid as ad-valorem taxes and a property owner may appeal the lien before the legislative body. 15 WHEREAS, the legislative body may delegate the holding of the appeal hearing to another ~6 body. The delegated heating body will make a written recommendation on their decision to the City Council, which the Council may adopt or set the matter for heating. I7 WHEREAS, the City of Tustin Planning Commission serves as the Building Board of Appeals and has knowledge of zoning and property maintenance ordinances. !9 2o NOW THEREFORE BE IT RESOLVED, the City Council of the City of Tustin resolves as follows: 21 Section 1: The Plarming Commission is authorized to act as the hearing body on appeals 22 of code enforcement fees. 23 Section 2: The City Clerk shall certify to the adoption of this Resolution and shall file 24 a copy of said application with the minutes of this City Council meeting. 25 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting 26 on the 15th day of May, 2000. 28 J h 29 Mayor RESOLUTION NO. 00-33 PAGE 2 3 PAMgE'A STGKER.kCI~Y CYLERK STATE OF CALIFORNIA COUNTY OF ORANGE SS 6 CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 00-33 8 PA1ViELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, 9 California, does hereby certify that the whole number of the members of the City Council of the City ic of Tustin is five; that the above and foregoing Resolution No. 00-33 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of May, 2000, by the following 12 COUNCILME1VIBERAYES: T~OF~S, WORLEY, DOYLE, POTTS, SALTARELLI ~3 COUNCILME1VIBER NOES: 1,lONE COUNCILMEMBER ABSTAINED: Nomg ~4 COUNCILMEIVlBER ABSENT: IIONE 15 17 151~lela Stoker, City Clerk