HomeMy WebLinkAboutMINUTES - 12071993 - 1.56 1.56
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on_December 7, 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak, Todakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Introduction of an Ordinance
IT IS BY THE BOARD ORDERED that an Ordinance to clarify water supply and sewage requirement
appeal procedures for incorporated areas is INTRODUCED, reading waived,and December 14, 1993,is FIXED as
the time for adoption of same.
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HEREBY CERTIFY THAT THIS IS A TRUE A
TRUE AND CORRECT COPY OF AN ACTION w
TAKEN AND ENTERED ON THE MINUTES OF
THE BOARD OF SUPERVISORS ON THE I
DATE SHOWN.
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ATTESTED: December 7, 1993
Phil Batchelor,Clerk of the Board of A
Supervisors and County Administrator
By o �. Ly`
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Cc: County Counsel a
Health Services Director
Director, GMEDA
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COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: November 29 , 1993
To: Board of Supervisors
From: Victor J. Westman, o ty Counsel
By: Vickie L. Daw4, Deputy County Counsel
Re: Ordinance Amending Water Supply and Sewage Ordinances
Establishing Appeal Procedure to City Councils
Many cities in Contra Costa County have adopted by reference
the water supply and sewage ordinance provisions of the Contra Costa
County Ordinance Code. The text of those provisions provides for
appeal of Health Officer decisions to the Board of Supervisors .
Obviously, appeals of decisions made pursuant to city ordinance
provisions are more appropriately directed to the city council of the
affected city. This amendment will clarify in the County' s ordinance
code that appeals are to the appropriate city council .
Attached is the proposed ordinance. Please introduce the
attached ordinance, waive reading, and set it for adoption on
December 14 , 1993 .
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cc: Daniel Guerra, Dep. Dir. Environmental Health
William Walker, M.D. , County Health Officer
ORD:a:\bdmemo.ord
ORDINANCE NO. 93-
(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- 81-56 S 1 . )
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ORDINANCE NO. 93-
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- , 81-30 § 1 . )
SECTION IV: APPLICATION.
. Sections II and I-II 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
a newspaper published in this County.
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ORDINANCE NO. 93-
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
By: _
Deputy Board Chair
[SEAL]
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ORD:a:\cityxcou.app
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ORDINANCE NO. 93-