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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2007-037 (1413) AN ORDINANCE AMENDING SECTION 1-3-405 OF CHAPTER 1-3, TITLE 1 OF THE SAN LEANDRO MUNICIPAL CODE RELATING TO THE POWERS AND DUTIES OF THE BOARD OF ZONING ADJUSTMENTS AND SECTION 1-12-420 OF CHAPTER 1-12, TITLE 1 RELATING TO HEARINGS RECITALS WHEREAS, Article 4, Chapter 1-12 of Title 1 of the San Leandro Municipal Code (the "Code") authorizes the City of San Leandro ("City") to administratively enforce violations of the Code; and WHEREAS, in connection with the administrative enforcement of Code violations, Section 1-12-110 (e) of the Code provides that the City Manager may appoint any person or persons to conduct a hearing pursuant to Chapter 1-12 of the Code; and WHEREAS, the City Manager has appointed the San Leandro Board of Zoning Adjustments to conduct all hearings authorized by Chapter 1-I2 of the Code. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: Section 1. Section 1-3-405 of Chapter 1-3 of the San Leandro Municipal Code is hereby amended to add a new subsection (d) to read as follows: "(d) hear and decide all matters related to the enforcement of Chapter 1-12 of the San Leandro Municipal Code" Section 2. Section 1-12-420(a) of Chapter 1-12 of the San Leandro Municipal Code is hereby amended to read as follows: "(a) Any person appealing a notice of violation must obtain a "request for hearing" form from the Community Development Department and return it fully completed within fifteen (15) days from the date of service of the notice of violation. At the time of returning the request for hearing form to the Community Development Department, the person or entity requesting the appeals hearing shall pay an appeals processing fee established by the City Council. Failure to submit a completed appeals form or to pay the appeals processing fee constitutes a waiver of the right to appeal the notice of violation and a failure to exhaust administrative remedies."