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CITY OF SAN LEANDRO <br />STAFF REPORT <br />DATE: October l6, 2007 <br />TO: John Jermanis, C~Manager <br />FROM: Steve Hollister, Assistant City Manager <br />APPROVED AND <br />FORWARDED <br />TO CITY COUNCIL <br />Jo . Jennanis <br />Manager <br />BY: Kathy Ornelas, Community Relations Representative~r^~ <br />SUBJECT PROJECT/PROJECT DESCRIPTION: <br />AN ORDINANCE AMENDING SECTION 1-3-405 OF CHAPTER I-3, TITLE I OF THE SAN <br />LEANDRO MUNICIPAL CODE RELATING TO THE POWERS AND DUTIES OF THE BOARD OF <br />ZONING ADJUSTMENTS AND SECTION 1-12-420 OF CHAPTER 1-12, TITLE 1 RELATING TO <br />HEARINGS <br />SUMMARY AND RECOMMENDATION <br />It is recommended that the Board of Zoning Adjustments become the official hearing body for <br />violation and appeal hearings for Code Enforcement violations. <br />BACKGROUND <br />Analysis <br />When the Code Enforcement Ordinance was adopted by the City Council in 2002, the Municipal <br />Code called for a body of City staff to convene as the Hearing Board for violations of the Code <br />Enforcement Ordinance, and for appeals to penalties and/or abatement orders resulting from <br />enforcement actions. Generally, these hearings are related to violations of the Community <br />Preservation Ordinance and Weed Ordinance. However, they can be related to Zoning Code and <br />other Code violations as well. <br />The City Council has recommended that it would be more appropriate for an appointed Board or <br />Commission to he the hearing body. Subsequently, discussions with the City Attorney's Office, <br />staff and the Board of Zoning Adjustments has determined that the Board of Zoning Adjustments <br />would be an appropriate appointed body to become the Code Enforcement hearing body. <br />Current City Council Policy <br />Section 1-12-420 of Chapter 1-12, Title 1 of the Municipal Code provides that a hearing body <br />may be appointed by the City Manager to conduct hearings. <br />Previous City Council Action(s) <br />N/A <br />City Council Committee Review and Action <br />This matter was discussed at the City Cow~cil Rules Committee on June 7, 2007. The <br />Committee's recommendation was to present the concept to the Board of Zoning Adjustments. <br />