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8B Consent 2009 1116
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8B Consent 2009 1116
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Last modified
11/13/2009 9:10:22 AM
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11/13/2009 9:10:22 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/16/2009
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_CC Agenda 2009 1116
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1116
Ord 2009-009
(Superseded by)
Path:
\City Clerk\City Council\Ordinances\2009
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(c) Except as provided in subsection (a), the limitation provided in subsection (b) shall apply to <br />any final administrative order or decision made as the result of a proceeding in which by law a hearing is <br />required to be given, evidence is required to be taken and discretion in the determination of facts is vested in <br />the person conducting the hearing. <br />(d) The limitation provided in subsection (b) shall apply to all administrative proceedings specified <br />in subsection (c) now pending or hereafter begun. Written notice of this limitation shall be given to the parties <br />to such proceedings by the decision-maker in substantially the following form: <br />"The time within which judicial review of this decision must be sought is governed by C.C.P. §1094.6. Judicial <br />review must be sought not later than the 90th day following the date on which this decision becomes final, <br />except that where a shorter time is provided by any State or Federal law, such shorter time limit shall apply." <br />(e) This section shall not be deemed to revive any cause of action or grounds for relief through a <br />special proceeding which is barred by law or equity. <br />(f) All costs of preparing a record which may be recovered by a local agency pursuant to C.C.P. <br />§1094.6(c) or successor statute, shall be paid by the petitioner prior to delivery of the record to petitioner. <br />3-2-265 SUMMARY ABATEMENT PROCEDURE <br />Notwithstanding any other provision of this Code or this Chapter, whenever, in the reasonable <br />judgment of the Enforcement Officer, the existence or continuance of any violation of this Chapter; or any <br />public nuisance, or any other condition that poses an imminent or immediate danger of significant harm to <br />persons or property, or so endangers the public health, welfare or safety, an Enforcement Officer may act <br />immediately and without prior notice or hearing to abate such condition. The expense or cost resulting from <br />such summary abatement shall be enforceable as a personal obligation of the responsible party. The expense <br />or cost of summary abatement may be imposed as a lien or a special assessment on real property, as <br />described in Section 1-12-600 of this Code. <br />Section 4. Effective Date and Publication. <br />This ordinance shall take effect thirty (30) days after adoption and the title thereof shall be published <br />once prior to adoption. <br />Section 5. Severability. <br />If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the ordinance is for <br />any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such <br />decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part <br />hereof. The City Council hereby declares that it would have passed each section of the Ordinance irrespective <br />of the fact that one or more of them would be declared unconstitutional orinvalid. To this end, the provisions <br />of the Ordinance are declared to be severable. <br />ORDINANCE N0.2009-009 <br />
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