2005 ORD O-12-05 - Laserfiche WebLink

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10.40.040. Requested Hearing and Required Findings. A. If a written request therefor is presented to the Police Department at least fifteen (15) days prior to the date on which the Police Chief or designee determines whether to grant or deny an application, the Police Chief or designee shall conduct an informal public hearing at which evidence and testimony shall be admitted and findings required by Section 10.40.040(B) shall be made. Formal rules of evidence shall not apply to said hearing. At least ten (10) days prior to the hearing on the establishment of a Permit Zone, the Police Department shall cause notice to be provided by either: (1) mailing by first class United States a notice of said hearing to each adjacent dwelling unit and business location and each property within 500 feet of the proposed or current Permit Zone as identified by the County assessor's roll or otherwise known to the Police Department; or (2) posting a notice of said hearing in a conspicuous place at least once every 200 linear feet on each street proposed to be included within the proposed or current Permit Zone and publishing a notice of said hearing in a newspaper of general circulation for three consecutive days. Failure of any person including any resident or merchant to actually receive such notice shall not invalidate any action taken pursuant to this chapter. In establishing Permit Zones, the Police Department shall establish Permit Zone boundaries so as to not to unreasonably shift the unavailability of parking to adjacent streets or neighborhoods. No Permit Zone including a stopping or standing restriction or prohibition shall be established without the prior concurrence of the Police Chief or designee. B. No Permit Zone shall be formed unless both of the following exist: 1. At least seventy five percent (75%) of adjacent dwelling units or business locations, or a combination thereof, as calculated by Section 10.40.030(B) in the area proposed for designation as a Permit Zone have signed a written petition requesting such designation; and 2. Either: (a) At least eighty percent (80%) of the on -street parking spaces on the streets proposed to be included are occupied by vehicles during the time requested in the application for restriction or any other given time; or (b) The Police Chief or designee has determined that the parking, stopping or standing of vehicles or any activities accompanying the same cause a public nuisance to the residents or merchants within the proposed Permit Zone. 10.40.050. Appeals. A. Any interested person aggrieved by the decision to grant or deny establishment of a Permit Zone, by the Police Chief or designee, may appeal said decision to the City Manager by delivering written notice of such appeal, including a short and concise description for the basis for such appeal, to the City Manager's office, within fifteen (15) days of the hearing required by Section 10.40.040. The City Manager shall conduct a hearing at least three (3) days after providing written notice thereof to the appellant, which hearing shall be held in accordance with Section 10.40.040(A) and at which the City Manager shall make findings based on Section 10.40.040(B). The City Manager shall uphold the decision denying or granting the establishment of Permit Zones unless there is no substantial evidence to support said decision. The City Manager shall provide a written decision to the appellant within five (5) days of said hearing by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the appeal, the Police Department, and any other applicable City departments. 9EIE