Loading...
HomeMy WebLinkAboutMINUTES - 12141993 - 1.121 ORDINANCE NO. 93-84 (City Area Appeals - Water Supply and Sewage) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I: SUMMARY. This ordinance amends Sections 414-4 . 1017 and 420-6 .513 of the County Ordinance Code to add new subsections to each section to clarify that all appeals from decisions of the health officer when he acts in his capacity as the city health officer within the incorporated area of a city are to be directed to and decided by the city council of the applicable city. SECTION II: Section 414-4 . 1017 of the County Ordinance Code is amended to read: 414-4 .1017 Enforcement - Appeals. (a) A person objecting to or disagreeing with any decision made pursuant to Sections 414-4 . 403 and 414-4 . 605, and/or the pertinent regulations thereto, may appeal the decision to the health officer. All requests for this appeal hearing shall be in writing and must be received by the health officer within ten days after notice of the decision was mailed. All requests for the appeal hearing must be accompanied by the appropriate fee. A hearing on the appeal shall be held within fifteen days after the request for appeal is received by the health officer. (b) Appeals may be taken from the results of any hearing held pursuant to Sections 414-4 . 109 , 414-4 . 1011 , 414-4 . 1013, 414-4 . 1015, and subsection (a) to the board of supervisors by a written notice of appeal stating fully the matters or action appealed from and the grounds for the appeal . The notice shall be filed with the clerk of the board within fifteen days of the action appealed from. The board shall then schedule the appeal for a hearing within thirty days of the filing of the notice of appeal . (c) Whenever the provisions of this chapter have been incorporated by a city ordinance or code and are applicable as city regulations within the incorporated area of that city, any appeal of a decision of the health officer shall be directed to and decided by the city council of the involved city. (Ord. 93- 84 , 81-56 § 1 . ) -1- ORDINANCE NO. 93- 84 SECTION III: Section 420-6 .513 of the County Ordinance Code is amended to read: 420-6 .513 Appeals. (a) Except for determinations made pursuant to Section 420-6 . 311 , a person objecting to or disagreeing with any decision made pursuant to this chapter, and/or the pertinent regulations thereto, may appeal the decision to the health officer, or the health officer' s designated subordinate(s ) . Any request for an appeal hearing shall be in writing and must be received by the health officer within ten days after notice of the decision was mailed. Any request for an appeal hearing must be accompanied by the appropriate fee. A hearing on the appeal shall be held within fifteen days after the request for appeal is received by the health officer. (b) Whenever the provisions of this chapter have been incorporated by a city ordinance or code and are applicable as city regulations within the incorporated area of that city, any appeal of a decision of the health officer shall be directed to and decided by the city council of the involved city. (Ord. 93-84 , 81-30 S 1 . ) SECTION IV: APPLICATION. Sections II and III of this Ordinance shall apply to any actions, proceedings, and appeals pending on the effective date of this ordinance. SECTION V: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the CONTRA COSTA TIMES a newspaper published in this County. -2- ORDINANCE NO. 93-84 PASSED ON December 14 ,, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: ,. None ABSENT: None . ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator Deputy Board Chair [SEAL] VLD:ld ORD:a:\cityxcou.app -3- ORDINANCE NO. 93- 84