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HomeMy WebLinkAboutItem 4.05 Animal Control Appealsor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL June 3, 2014 Honorable Mayor and City Councilmembers CITY CLERK File # Christopher L. Foss, City Manager �?14 " Adoption of Revised Ordinance Relating to Animal Control Appeals Prepared by Amy Cunningham, Assistant to the City Manager and John Bakker, City Attorney EXECUTIVE SUMMARY: This is the second reading of an ordinance introduced at the regularly scheduled City Council meeting on May 6, 2014. The ordinance provides clarity and consistency regarding the process for handling appeals after it was recently determined by City staff that portions of the Code dealing with animal control appeals are internally inconsistent. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt an Ordinance Revising Section 5.36 of the Dublin Municipal Code. Submitted By Community Development Director DESCRIPTION: 'Reviewed By Assistant City Manager At the May 6, 2014, City Council meeting, the City Council introduced amendments to Chapter 5.36 of the Dublin Municipal Code. The amendments provide clarity and consistency regarding the process for handling animal control related appeals as portions of the Code were determined to be internally inconsistent. The attached Ordinance (Attachment 1) amends sections 5.36.080 and 5.36.560 to provide clarity that these appeals are to be heard by the City Manager, and cross - references the general rules for appeal procedures set forth in section 1.04.050 of the Dublin Municipal Code. NOTICING REQUIREMENTS /PUBLIC OUTREACH: Page 1 of 2 ITEM NO. 4.5 None. ATTACHMENTS: 1. Ordinance Amending Chapter 5.36 of the Dublin Municipal Code Relating to Animal Control Appeals 2. May 6, 2014 Staff Report - Adoption of Ordinance Relating to Animal Control Appeals Page 2 of 2 ORDINANCE NO. -14 AN ORDINANCE OF THE CITY COUNCIL CITY OF DUBLIN AMENDING CHAPTER 5.36 OF THE DUBLIN MUNICIPAL CODE RELATING TO ANIMAL CONTROL APPEALS WHEREAS, section 1.04.050 of the Dublin Municipal Code states that any person wishing to appeal the denial, suspension or revocation of a permit or license, or any administrative decision made pursuant to the provisions of the Dublin Municipal Code, may appeal to the City Manager or the City Council as the right to appeal is specifically provided; and WHEREAS, City Council has determined that those sections of the Dublin Municipal Code relating to animal control are internally inconsistent regarding appeals processes; and WHEREAS, City Council wishes to amend the Dublin Municipal Code to create internal consistency; and WHEREAS, City Council finds that it will be expeditious and judicious to handle all animal control appeals administratively; and WHEREAS, City Council finds that such appeals should be heard by the City Manager. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 5.36.080 is hereby amended to read as follows 5.36.080 Appeals Any person aggrieved by any decision or action resulting from the application of this chapter may appeal such decision to the City Manager in the manner set forth in section 1.04.050. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. Section 2. Section 5.36.560 is hereby amended to read as follows 5.36.560 Appeals Any person aggrieved by any decision or action resulting from the application of this Article may appeal such decision to the City Manager in the manner set forth in section 1.04.050. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. Section 3. Applicability. This Ordinance will be applicable to both future and pending appeals. Pending appeals timely made to the City Council will be heard by the City Manager as set forth in section 1.04.050. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2258180.1 or 19 82 /ii � 111 DATE: May 6, 2014 TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL Honorable Mayor and City Councilmembers CITY CLERK File #500 -10 Christopher L. Foss, City Manager " Adoption of Ordinance Relating to Animal Control Appeals Prepared by Prepared by Amy Cunningham, Assistant to City Manager and John Bakker, City Attorney EXECUTIVE SUMMARY: The City Council will consider amendments to Section 5.36 of the Dublin Municipal Code ( "Code ") to provide clarity and consistency regarding the process for handling appeals after it was recently determined by City staff that portions of the Code dealing with animal control appeals are internally inconsistent. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the reading and INTRODUCE an Ordinance amending Chapter 5.36 to the Dublin Municipal Code. m „. Submitted By Reviewed By City Attorney Assistant City Manage DESCRIPTION: Currently, section 1.04.050 of the Dublin Municipal Code sets forth general rules for appeals to the City Manager or City Council. In pertinent part, the Code states that "[a]ny person expecting to the denial, suspension or revocation of a permit or license applied for or held by him pursuant to any of the provisions of this code, or to any administrative decision made by an official of the City pursuant to any of the provisions of this code may appeal to the City Manager or City Council, as the case may be, when the right to appeal is specifically so provided in this code by reference to this section, by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof.” Within Section 5.36 regarding animal control, some appeals are handled administratively while other sections dictate an appeal to the City Council. Staff believes that all animal control permit Page 1 of 2 ITEM NO. 4.3 appeals should be handled administratively and, when permitted, should be heard by the City Manager. In order to achieve consistency and to expeditiously process animal control appeals, Staff recommends amending sections 5.26.080 and 5.36.560 to specify that appeals are to the City Manager and cross - reference the procedure set forth in section 1.04.050. This Code amendment will be applicable immediately to both future and currently pending appeals. This means that any pending appeal timely made to City Council will be heard by the City Manager in accordance with section 1.04.050. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance amending Chapter 5.36 of the Dublin Municipal Code Page 2 of 2 ORDINANCE NO. -14 AN ORDINANCE OF THE CITY COUNCIL CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO ANIMAL CONTROL APPEALS WHEREAS, section 1.04.050 of the Dublin Municipal Code states that any person wishing to appeal the denial, suspension or revocation of a permit or license, or any administrative decision made pursuant to the provisions of the Dublin Municipal Code, may appeal to the City Manager or the City Council as the right to appeal is specifically provided; and WHEREAS, City Council has determined that those sections of the Dublin Municipal Code relating to animal control are internally inconsistent regarding appeals processes; and WHEREAS, City Council wishes to amend the Dublin Municipal Code to create internal consistency; and WHEREAS, City Council finds that it will be expeditious and judicious to handle all animal control appeals administratively; and WHEREAS, City Council finds that such appeals should be heard by the City Manager or his or her designee. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 5.36.080 is hereby amended to read as follows 5.26.080 Appeals Any person aggrieved by any decision or action resulting from the application of this chapter may appeal such decision to the City Manager or his or her designee, in the manner set forth in section 1.04.050. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. Section 2. Section 5.36.560 is hereby amended to read as follows 5.26.560 Appeals Any person aggrieved by any decision or action resulting from the application of this Article may appeal such decision to the City Manager or his or her designee, in the manner set forth in section 1.04.050. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. Section 3. Applicability. This Ordinance will be applicable to both future and pending appeals. Pending appeals timely made to the City Council will be heard by the City Manager or his or her designee, as set forth in section 1.04.050. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2258180.1