HomeMy WebLinkAboutP.H. 2 CODE AM 92-003 04-06-92j -�•. r,; --
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PUBLIC HEARING
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4-6-92
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DA t::
APRIL 61 1992
i
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 92-003
AMENDMENT TO TUSTIN CITY CODE SECTION 4616
RECOMMENDATION
Pleasure of the Council.
BACKGROUND AND DISCUSSION
Chapter 6 of Article .4 , "Health and Sanitation", of the Tustin City
Code relates to noise control. The purpose of the regulations is
- to ensure that loud or unnecessary noises which are prolonged,
unusual, annoying or disturbing are not a detriment to public
health.
Section 4616(1), entitled "Specific Disturbing Noises Prohibited",
states that it is unlawful to use loudspeakers or amplifiers for
producing sound cast upon public streets for the purpose of
advertising or attracting attention. See the attached Code
excerpt, Attachment 1.
The above section of the City Code prohibits all outdoor sound
amplifying devices, except those uged by law enforcement or other
governmental agencies. However, staff has become aware that a
number of existing commercial establishments, including the Tustin
Market Place and Enderle Center, have outdoor speaker systems for
the purpose of notifying customers waiting for restaurant use when
seating is available or playing music for the enjoyment of
customers. Generally, announcements and music are audible only
under pedestrian arcades or walkways.
Therefore, the Community Development Department has initiated an
amendment to the Tustin City Code to allow outdoor loudspeakers or
sound amplifying devices on a case-by-case basis, subject to
approval of the City Council or Planning Commission. Staff also
recommends that any such approval also include the provision that
if complaints regarding loudspeakers are received by the City, the
Director of Community Development shall be authorized to require
sound tests by a qualified professional to ensure that exterior
noise standards (Tustin City Code Section 4614) are not exceeded.
City Council Report
Zone Change Amendment 92-003
April 6, 1992
Page 2
In determining whether the Tustin City Code should be amended to
allow the use of loudspeakers in certain instances, the City
Council must consider the constitutional right of free speech, but
should also consider the peaceable presence of people in, on or
across public property, the possible invasion of the right of
privacy and the possible unlawful breach or disturbance of public
peace or quiet enjoyment of private property.
A public hearing notice identifying the time, date and location of
the public hearing on this amendment was published in the Tustin
News. In addition, a hearing notice was posted at the Police
Department.
- P la-5ikklh
A socia a Planner
PR:CAS:nm/amnd4616.pr
Christine Shingle
Assistant City Ma ger
Community Development
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ORDINANCE NO. 1083
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 4616, A PORTION
OF CHAPTER 6 OF ARTICLE 4 OF THE TUSTIN CITY CODE,
TO ALLOW OUTDOOR SOUND AMPLIFYING DEVICES AS
AUTHORIZED BY THE TUSTIN CITY COUNCIL OR PLANNING
COMMISSION
The City Council finds and determines as follows:
A. Section 4616 (1) of the Tustin City Code prohibits the use
of loudspeakers or amplifiers for advertising or
attracting attention to any commercial building or use;
B. The judicious use of loudspeakers or amplifiers may not
constitute a noise nuisance;
C. The use of loudspeakers or sound amplifying devices may
not adversely impact public health, safety or general
welfare in all circumstances, if exterior noise standards
indicated in Section 4616 of the Tustin City code are met;
D. The use of loudspeakers or other such sound amplifying
devices should be authorized by the City Council or
Planning Commission via Minute Order on a case-by-case
basis;
E. The Director of Community Development shall have the
authority and discretion to require as needed sound tests
conducted by a qualified professional to ensure that
exterior noise standards of Section 4614 are not exceeded;
and
F. The applicant or business owner or operator requesting the
use of the sound amplifying device shall be responsible
for the cost of such testing.
NOW, THEREFORE, the City Council of the City of Tustin
DOES HEREBY ORDAIN as follows:
Section 1 Section 4616(1) of the Tustin City Code is amended
to read as follows:
114616 SPECIFIC DISTURBING NOISES PROHIBITED
"It shall be unlawful for any person to make, continue,
cause to allow to be made or continued for any amount of
time the following acts and things which are in excess of
the levels described in Sections 4614 and 4615, and which
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Ordinance No. 1083
Page 2
are hereby declared to be unnecessary, excessive and
annoying in violation of this Article:
"(1) Loudspeakers, Amplifiers for Advertising. The
using, operating or permitting to be played, used,
or operated of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the
producing or reproducing of sound which is cast upon
the public streets for the purpose of commercial
advertising or attracting the attention of the
public to any commercial building or structure.
Loudspeakers or other sound amplifying devices may
be allowed on private commercially -zoned property on
a case-by-case subiect to the approval of the City
Council or Planning Commission. Such devices shall
meet exterior noise standards of Section 4614. Upon
receiving written complaints or objections regarding
approved sound amplifying devices, the Director of
Community Development may require sound tests
conducted by a qualified professional to determine
compliance with exterior noise standards. The
applicant, business owner, or operator of the sound
amplifying devise shall be responsible for the costs
of such noise tests.
Passed and adopted at a regular meeting of the City Council
held on the 6th day of April, 1992.
MARY E. WYNN
City Clerk
CHARLES E. PUCKETT
Mayor
TUSTIN CITY CODE NOISE CONTROL 4611
CHA ?TER 6
NOISE CONTROL
EDITOR'S NOTE: Ord. No. 828, Sec. 1, adopted July 21,
1980, amended Ch. 6 of Art. 4 to read as herein set -
out. Prior to amendment, Ch. 6 pertained to similar
subject matter, consisted of Section 4611, and was de-
rived from Ord. No. 9; Ord. No. 239; Ord. No. 450,
Secs. 1--3; and Ord. No. 469.
4611 DECLARATION OF POLICY
In order to control unnecessary, excessive and annoying sounds emanating from
�. incorporated areas of the city, it is hereby declared to be the policy of the
City to prohibit such sounds generated from all sources as specified in this
Chapter.
It is determined that certain noise levels are detrimental to the public health,
welfare and safety and contrary to public interest, therefore, the City Council
does ordain and declare that creating, maintaining, causing or allowing to cre-
ate, maintain or cause any noise in a manner prohibited by or not in conformity
with the provisions of.this Chapter, is a public nuisance and shall be punish-
able as such. (Ord. No. 828, Sec. .1, 7-21-80)
4612 DEFINITIONS
The following words, phrases and terms as used in this Chapter shall have the
meaning
as indicated below:
(1)
"Ambient Noise Level." The all-encompassing noise level associated
with a given environment, being a composite of sounds from all
sources, excluding the alleged offensive noise, at the location and
approximate time at which a comparison with the alleged offensive
noise is to be made.
(2)
"A -Weighted Sound Level" (dB(A)). A quantity in decibels, read from a
standard sound -level meter that is switched to the weighting network
labeled "A." The A -weighted network discriminates against the lower
frequencies according to a relationship approximating the auditory
sensitivity of the human ear at moderate sound levels.
(3)
"Commercial Property." A parcel of real property which is developed
and zoned either in part or in whgle for commercial purposes, includ-
ing, but not limited to retail and wholesale businesses, and profes-
sional offices, but excluding home occupation uses as authorized by
Ordinance No. 330.
(4)
"CNEL" (Community Noise Equivalent Level). A cumulative measure of
community noise exposure for a twenty -four-hour day, using the A -
weighting sound level and expressed in logarithmic units. This CNEL
scale takes into account the single event sound level, single event
duration, single event occurrence frequency, and the time of the oc-
currence of the noise source. Additionally, it applies weighting
REV: 1-82
HS -6-3
ATTACHMENT 1
TUSTIN CITY CODE _ NOISE CONTROL _ 4612(4)
factors which place greater significance on noise events occurring in
the nighttime (10:00 p.m. to 7:00 a.m.) than on those during the
evening (7:00 p.m. to 10:00 p.m.) or daytime (7:00 a.m. to 7:00 p.m.) ,
respectively.
(5) "Cumulative Period." An additive period of time composed of
individual time segments which may be continuous or interrupted.
(6) "Decibel" (dB). A unit which denotes the ratio between twodecibels
quantities which are proportional to power:
the corresponding to the ratio of two (2) amounts of power is ten (10)
times the logarithm to the base ten (10) of this ratio.
(7) "Dwelling Unit." A single unit providing complete,
independent .living
facilities for one (1) or more persons including permanent provisions
for living, sleeping, eating, cooking and sanitation.
(8) "Emergency Machinery," "Vehicle," or "Work." Any ;machinery, vehicle
or work used, employed or performed in an effort to protect, provide
or restore safe conditions in the community or for the citizenry, or
work by private or public utilities when restoring utility service.
(9) "Fixed Noise Source." A stationary device which creates sounds while
fixed or motionless including, but not limited to, industrial and com-
mercial machinery and equipment, pumps, fans, compressors, generators,
air conditioners and refrigeration equipment.
(10) "Grading." Any excavating or filling of earth material, or any com-
bination thereof, conducted at a site to prepare said site for con-
struction or other improvements thereon.
(11) "Impact Noise." The noise produced by the collision of one (1) mass in
motion with a second mass which may be either in motion or at rest.
(12) "Industrial Property." A parcel of real property which is developed
and zoned either in part or in whole for manufacturing purposes,
including research and development uses, but excluding home occupation
cases as authorized by Ordinance No. 330.
(13) "Mobile Noise Source." Any noise 'source other than a fixed noise
source.
(14) "Noise Level." The :"A" weighted -sound pressure level in decibels ob-
tained by using a sound level meter at slow response with a refer-
ence pressure of twenty (20) micropascals per square meter. The unit
of measurement shall be designated as dB(A) .
(15) "Noise Variance Board." An administrative board of five (5) members
appointed by the Board of Supervisors of the County of Orange, per Ti-
tle 4, Division 6, Article 1 of the Codified Ordinances of the Coun-
ty of Orange.
(16) "Person." A person, firm, association,'copartnership, joint venture,
corporation or any entity, public or private in nature.
(17) "Residential Property." A parcel of real property which is developed
and zoned either in part or in whole for residential purposes, other
than transient uses such as hotels and motels.
(18) "Simple Tone Noise." A noise characterized by a predominant frequency
or frequencies so that other frequencies cannot be readily distin-
guished.
(19) "Sound Level Meter." An instrument meeting American National Standard
Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters
or an instrument and the associated recording and analyzing equipment
which will provide equivalent data.
REV: 1-82 HS -6-4
TUSTIN CITY CODE NOISE CONTROL 4612(20)
(20) "Sound Pressure Level" of a sound, in decibels, shall mean twenty (20)
times the logarithm to the base ten (10) of the ratio of the pressure
• of the sound to a reference pressure, which reference pressure shall
be explicitly stated. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845,
Secs. 1--3, 5-18-81)
4613 DESIGNATED NOISE ZONES
The properties hereinafter described are hereby assigned the following noise
zones:
(a) Noise Zone 1: All residential properties.
(b) Noise Zone 2: All commercial properties.
(c) Noise Zone 3: All industrial properties.
(d) Noise Zone 4: All special properties such as hospitals, convalescent
�- homes, public and institutional schools, libraries and churches.
(Ord. No. 828, Sec. 1, 7-21-80)
4614 EXTERIOR NOISE STANDARDS
(a) The following noise standards, unless otherwise specifically
indicated, shall apply to all property within a designated noise zone:
Noise Standards
Noise Zone Noise Level
1 55 dB(A)
50 dB(A)
2 60 dB(A)
3 70 dB(A)
4 1 55 dB(A)
Time period
7:00 a.m.--10:00 p.m.
10:00 p.m.-- 7:00 a.m.
any time
any t ime
any time
In the event the alleged offensive noise consists of impact noise, simple tone
noise, speech, music, or any combination thereof, each of the above noise levels
shall be reduced by f ive ( 5 ) dB(A) .
(b) It shall be unlawful for any person at any location within the incor-
porated area of the City to create any noise; or to allow the creation of any
noise on property owned, leased, occupied, or otherwise controlled by such
person, when the foregoing causes the noise level, when measured on any other
property to exceed:
(1) The noise standard for a cumulative period of more than thirty (30)
minutes in any hour; or
(2) The noise standard plus five (5) db(A) for a cumulative period of more
than fifteen (15) minutes in any hour; or
(3) The noise standard plus ten (10) dB(A) for a cumulative period of more
than five (5) minutes in any hour; or
(4) The noise standard plus fifteen (15) dB(A) for a cumulative period of
more than one (1) minute in any hour; or
(5) The noise standard plus twenty (20) dB(A) for any period of time.
REV: 1-82
HS -6-5
TUSTIN CITY CODE NOISE CONTROL 4614(c)
(r_) In the event the ambient noise level exceeds any of the first four (4)
noise limit categories above, the cumulative period applicable to said category
shall be increased to reflect said ambient noise level. In the event the ambi-
ent noise level exceeds the fifth noise limit category, the maximum allowable
noise level under said category shall be increased to reflect the maximum ambi-
ent noise level. (Ord. No. 828, Sec. 1, 7-21-80; Ord...No. 845, Secs. 4, 5,
5-18-81)
4615 INTERIOR NOISE STANDARDS.
(a) The following interior noise standards, unless otherwise specifically
indicated, shall apply to all property within a designated noise zone:
Interior Noise Standards
Noise Zone Noise Level Time Period
1 55 dB(A) 7:00 a.m.--10:00 p.m.
45 dB(,k) 10:00 p.m.-- 7:00 a.m.
In the event the alleged offensive noise consist of impact noise, simple tone
noise, speech, music, or any combination thereof, each of the above noise levels
shall be reduced by five (5) dB(A).
(b) It shall be unlawful for any person at any location within the incor-
porated area of the city to create any noise, or to allow the creation of any
noise on property owned, leased, occupied, or otherwise controlled by such
person, when the foregoing causes the noise level, when measured within any
other dwelling unit on any residential property, to exceed:
(1) The interior noise standard for a cumulative period of more than five
(5) minutes in any hour; or
(2) The interior noise standard plus five (5) dB(A) for a cumulative peri-
od of more than one (1) minute in any hour; or
(3) The interior noise standard plus ten (10) dB(A) for any period of
time.
(c) In the event the ambient noise level exceeds either of the first two
(2) noise limit categories above, the cumulative period applicable to said
category shall be increased to reflect said ambient noise level. In the event
the ambient noise level exceeds the third noise limit category, the maximum.
allowable noise level under said category shall be increased to reflect the
maximum ambient noise level. (Ord. No. 828, Sec. -1, 7-21-80; Ord. No. 845, Sec.
61 5-18-81)
4616 SPECIFIC DISTURBING NOISES PROHIBITED
It shall be unlawful for any person to make, continue, cause to allow to be made
or continued for any amount of time the following acts and things which are in
excess of the levels described in Sections 4614 and 4615, and which are hereby
declared to be unnecessary, excessive and annoying in violation of this Article:
(1) Loudspeakers, Amplifiers for Advertising. The using, operating or
permitting to be played, used, or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier, or other
machine or device for the producing or reproducing of sound which is
REV: 1-82 HS -6-6
TUSTIN CITY CODE NOISE CONTROL 4616(1)
cast upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any commercial building
or structure.
(2) Construction or Repairing of Buildings. The erection (including ex-
ilding
er
re
cavating), demolition, alteration or ndp6i00of.mnyo nuweekdaysthexcept
than between the hours of 7.00 a.m. a P
in case of urgent necessity in the intemetheof public health building official, safety, and then only with a permit from
permit may be granted for a period not toexceed itybe renewed for
rma(
less while the emergency continues and whichpermit
a period of three (3) days or less while the emergency
continues. inIf
t will be
the building official should determine that the Y
substantial conformance' with the intent of this Chapter and that the
public health and safety will not be impairedbythe theeerection,xcavation ofmo-
lition, alteration or repair of any build ng o
streets and highways within the hours of 6:00 p.m. and 7:00 a.m. and
between any and all hours on Saturdays and Sundays, he may grant per-
mission for such work to be done within the
oOSundays�,dupon
7:00 a.m. and between Saturdays any and all hours on and
application being. made at the time the permit for the work is awarded
or during the progress of the work.
(3) Pile Drivers, Hammers, etc. The operation between the hours of 6:00
pile driver, steam or gasoline shovel, pneu-
p.m. and 7:00 a.m. of any p'
matic hammer, derrick, steam or electric hoist or other appliance, the
use of which is attended by loud or unusual noise. (Ord. No. 828,
Sec. 1, 7-21-80; Ord. No. 845, Sec. 7, 5-18-81)
4617 EXEMPTIONS
The'following followin activities shall be exempted from the provisions of this Chapter:
(a) Activities conducted on the grouds ofpublic
c llege,private
publicr
elementary, intermediate or secondary school or
agen-
cy, and public utility.
(b) Outdoor gatherings, public dances, shows and sporting and entertain-
ment events provided said events are conducted pursuant to a permit
(license/permit) issued by the City pursuant to Article 3, Chapter 2
of the Tustin City Code relative to the staging of said events.
(c) Activities conducted on any park or playground provided such park or
playground is owned and operated by a public entity.
(d) Any mechanical device, apparatus or equipment used, related to or con-
nected with emergency machinery, vehicle or work.
(e) Noise sources associated with construction, repair, remodeling, or
grading of any real property, provided said activities do not take
place between the hours of 6:00 p.m. and 7 • oaFederalholiday.
0• weekdays, in-
cluding Saturday, or at any time on Sunday r
(f) All mechanical devices, apparatus or equipmentwhich are
utiliodszed
for
the protection or salvage of agricultural crops
g Pe
of
potential or actual frost damage or other adverse weather conditions.
(g) Mobile noise sources associated with agricultural
op rations00 pprovided
such operations do not take place between the
hours m. and
7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a
Federal holiday.
REV: 1-82 HS -6-7
TUSTIN CITY CODE NOISE CONTROL 4617(h)
(h) Mobile noise sources associated with agricultural pest control through
pesticide application provided that the application is made in ac-
cordance with restricted material permits issued by or regulations en-
forced by the Agricultural Commissioner.
(i) Noise sources associated with the maintenance of real property pro-
vided said activities take place between the hours of 7:00 a.m. and
6:00 p.m. on any day except Sunday or Federal holidays, or between the
hours of 9:00 a.m. and 6:00 p.m. on Sunday or Federal holidays.
(j) Any activity to the extent regulation thereof has been preempted by
State or Federal law.
(k) Noise sources associated with the maintenance, repair, remodeling,
grading and landscaping of residential real property performed by the
owner, provided such activity does take place between the hours of
7:00 a.m. and 9:00 p.m. This section does not authorize noise sources
performed by independent building trades contractors.
(1) Noise sources associated with the -maintenance and repair of personal
property performed by the owner on the owner's residential property,
provided such activity takes place between the hours of 7:00 a.m. and
9:00 p.m. This section does not authorize noise sources by indepen-
dent repairmen or technicians. (Ord. No. 828, Sec. 1, 7-21-80)
4618 SCHOOLS, HOSPITALS, COURTS AND CHURCHES
It shall be unlawful for any person to create any noise which causes the. noise
level at any school, hospital, court, o r church while the same is in use, to ex-
ceed the noise limits as specified in Section 4614 prescribed for the assigned
noise zone in which the school, hospital, or church is located, or which noise
level unreasonably interferes with the use of such institutions or which un-
reasonably disturbs or annoys patients in the hospital, provided conspicuous
signs are displayed in three (3) separate locations within one-tenth of a mile
of the institution indicating the presence of a school, church, court, or
hospital. (Ord. No. 828, Sec. 1, 7-21-80)
4619 AIR CONDITIONING AND REFRIGERATION
During a one-year period following the effective date of Ordinance No. 828 the
noise level standards as specified in Sections 4614 and 4615 shall be increased
by eight (8) d B(A) where the alleged noise source is an air-conditioning
apparatus or refrigeration system, which was installed prior to the effective
date of said Ordinance. (Ord. No. 828, Sec. 1, 7721-80)
4620 NOISE LEVEL MEASUREMENT CRITERIA
Any noise level measurements made pursuant to the provisions of this Chapter
shall be performed using a sound level meter as defined in Section 4612. The
location selected for measuring exterior noise levels shall be at any point on
the affected property. Interior noise measurements shall be made within the
dwelling unit affected by exterior noise. The measurement shall be made at a
point at least four (4) feet from the wall, ceiling, or floor nearest the
alleged offensive noise source and may be made with the windows of the affected
unit open. (Ord. No. 828, Sec. 1, 7-21-80)
REV: 1-82 HS -6-8
TUSTIN CITY CODE NOISE CONTROL
4621 MANNER OF ENFORCEMENT; ADOPTION OF TITLE 4, DIVISION 6, CODIFIED
ORDINANCES OF ORANGE COUNTY
4621
The Orange County Health Officer and his duly authorized representatives, the
Tustin Police Chief and his authorized representatives, and the Tustin Building
Official, and such city employees as designated by the City Chief Administration
Officer, are hereby empowered to, and it shall be' their duty to, enforce the
provisions of this Chapter, and the provisions of Title 4, Division 6 of. the
Codified Ordinances of the County of Orange, adopted hereby by reference. Said
officials, representatives and employees are also authorized pursuant to
California Penal Code Section 836.5, to arrest any person without a warrant when
they have reasonable cause to believe that such person has committed a mis-
demeanor * in their presence:
No person shall interfere with, oppose or resist any authorized person charged
with enforcement of this Chapter while such person is engaged in the performance
of his duty. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Sec. 8, 5-18-81)
4622 VARIANCE PROCEDURE
The owner or operator of a noise source which violates any of the provisions of
this Chapter may file an application with the Health Officer for a variance from
the provisions thereof wherein said owner or operator shall set forth all
actions taken to comply with said provisions, the reasons why immediate com-
pliance cannot be achieved, a proposed method of achieving compliance, and a
proposed time schedule for its accomplishment. Said application shall be
accompanied by a fee in the amount of Seventy -Five Dollars ( $75.00) or as here-
inafter amended by the Orange County Board of Supervisors. A separate applica-
tion -shall be filed for each noise source; provided, however, that several
mobile sources under common ownership, or several fixed sources on a single
property may be combined into one (1) application. Upon receipt of said appli-
cation and fee, the Health Officer shall refer it with his recommendation there-
on within thirty (30) days to the Noise Variance Board for action thereon in
accordance with the provisions of this Chapter.
An applicant licant for a variance shall remain subject to prosecution under the terms
of this Ordinance until a variance is granted. (Ord. No. 828, Sec. 1, 7-21-80)
4623 NOISE VARIANCE BOARD
The Noise Variance Board, as established by .Section 46.0013 of the Codified
Ordinances of the County of Orange, California, shall evaluate all applications
for variance from .the requirements of this Chapter and may grant said variances
with respect to time for compliance, subject to such terms, conditions and re-
quirements as it may deem reasonable to achieve maximum compliance with the pro-
visions of this Chapter. Said terms, conditions and requirements may include,
but shall not be limited to, limitations on noise levels and operating hours.
Each such variance shall set forth in detail the approved method of achieving
maximum compliance and a time schedule for its accomplishment.
In its determinations said Board shall consider the magnitude of nuisance caused
by the offensive noise; the uses of property within the area of impingement by
REV: 1-82 HS -6-9
TUSTIN CITY CODE
NOISE CONTROL
the noise; the time factors related to
of remedial work; the economic factors
ment; and the general public interest
said Board shall be by resolution and
for enforcement. Any violation of the
(Ord. No. 828, Sec. 1, 7-21-80)
4 624 APPEALS
4623
study, design, financing and construction
related to age and useful life of equip -
and welfare. Any variance granted by
shall be transmitted to the Health Officer
terms of said variance shall be unlawful.
Within fifteen (15) days following the decision of the Variance Board on any ap-
plication the applicant, the Health Officer, or any member of the City Council,
may appeal the decision to the City Council by filing a notice of appeal with
the Secretary of the Variance Board. In the case of an appeal by the applicant
for a variance, the notice of appeal shall be accompanied by a fee to be com—
puted by the Secretary on the basis of the estimated cost of preparing the
materials required to be forwarded to the City Council as discussed hereafter.
If the actual cost of such preparation differs from the estimated cost appropri-
ate payments shall be made either to or by the Secretary.
Within fifteen (15) days following receipt of a notice of appeal and the appeal
fee, the Secretary of the Variance Board shall forward to the City Council
copies of the application for variance; the recommendation of the Health
Officer; the notice of appeal; all evidence concerning said application received
by the Variance Board and its decision thereon. In addition, any person may
file with the City Council written arguments supporting or attacking said de-
cision and the City Council may in its discretion hear oral arguments thereon.
The City Clerk shall mail to the applicant a notice of the date set for hearing
of the appeal. The notice shall be mailed at least ten (10) days prior to the
hearing date. Within sixty (60) days following its receipt of the notice of the
appeal, the City Council shall either affirm, modify, or reverse the decision of
the Variance Board. Such decision shall be based upon the City Council's
evaluation of the matters submitted to the City Council in light of the powers
conferred on the Variance Board and the factors to be considered, both as enu-
merated in Sections 4622 and 4623.
As part of its decision the Council may direct the Variance Board to conduct
further proceedings on said application. Failure of the City Council to affirm,
modify or reverse the decision of the Variance Board within said sixty-day peri-
od shall constitute an affirmance of the decision. (Ord. No. 828, Sec. 1,
7-21-80)
4625 VIOLATIONS; MISDEMEANORS
Any person violating any of the provisions of this Chapter shall be deemed
guilty of a misdemeanor. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such.
The -provisions of this Chapter shall not be construed as permitting conduct not
prescribed herein and shall not affect the enforceability of any other applica-
ble provisions of law. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Sec. 9,
5-18-81)
REV: 1-82 HS -6-10
i