HomeMy WebLinkAboutItem 4.3 Animal Control Appeals
STAFF REPORT CITY CLERK
File #500-10
CITY COUNCIL
DATE:May 6, 2014
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
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.
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
ITEM NO. 4.3
Page 1 of 2
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