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HomeMy WebLinkAboutOrd1989-628 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA ORDINANCE NO. 628 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING TITLE 9, HEALTH AND SAFETY, AND TITLE 12, BUILDINGS AND CONSTRUCTION, PROVIDING FOR APPEAL OF AN ADMINISTRATIVE DECISION WHEREAS, the City council wishes to provide a process whereby a party may appeal an administrative ruling involving the interpretation and enforcement of city building and fire codes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Section 9.15.112 of the Seward City Code is hereby created to read as follows: 9.15.112 Uniform Fire Code - Enforcement. appeals. A. Any person aggrieved by an administrative officer's interpretation and enforcement of the Uniform Fire Code may appeal the administrative ruling to the City Council if such appeal is filed within ten calendar days of notification of the administrative ruling being appealed. B. Appeals shall be in writing, filed with the city clerk and shall contain the appellant's name and address, a description of the administrative ruling being appealed, the reason why the ruling is grievous to the appellant, and any documents the appellant wishes the council to consider. C. Upon receipt of the written appeal, the clerk shall schedule the matter for public hearing at a regular city council meeting, to be held within thirty calendar days of receipt of the appeal. The clerk shall notify the appellant in writing of the public hearing date. D. The clerk shall provide copies of the appeal to the administrative official whose ruling is being appealed. The administrative official shall prepare a written report of the events which preceded the appellant's filing, including a recitation of the Code provision or regulation and the ruling being appealed. The administrative official shall attach to his report copies of all applications, denials, correspondence or other writings relating to the matter being appealed. The clerk shall provide council with copies of the administrative report and the appellant's filing prior to the public hearing. . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 628 PAGE 2 E. It is the burden of the appellant to submit such evidence, including engineering and other technical studies, in support of his appeal, as may be necessary to enable the council to reach a decision. Upon a showing of good cause, the council may continue the hearing for presentation of such information; provided, however, that the council shall render a decision of the appeal within forty calendar days of its filing. F. The council shall either affirm or reverse the administrative official's ruling, in whole or in part. The council may vote to reverse, in whole or in part, only if it finds the appellant has proven the following: 1. The relief sought will not result in a violation of any applicable federal or state regulation; 2. The relief sought is in harmony with established city codes, policies and procedures; 3. The relief sought will not significantly increase the risk of loss of life or property on the subject property or on adjacent properties; 4. Public services and fire protection are not impaired and are adequate to meet any new requirements resulting from granting the relief sought, and it will not significantly increase the cost of operations of public service and fire protection agencies; and A decision may be made subject to the appellant's compliance with terms and conditions deemed necessary by the council. G. In rendering its decision, the council shall issue written findings of fact and conclusions of law. The council's decision shall be final. The appellant may appeal the decision to the superior court if such appeal is filed within thirty days of the decision. H. The city clerk shall provide the appellant written notification of council's decision within ten days of the decision. Section 2. Section 12.05.040 of the Seward City Code created to read as follows: is hereby . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 628 PAGE 3 12.05.040 Appeals. Any person aggrieved by an administrative officer's interpretation and enforcement of the codes of technical regulation as adopted by this chapter may appeal the administrative ruling to the city council pursuant to the provisions of section 9.15.112. section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of January, 1990. THE CITY OF SEWARD, ALASKA ,~~d~ WI LIAM C. NOLL, MAYOR AYES: Burgess, Dunham, Hilton, Meehan, Noll, Sieminski, Simutis NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED AS TO FORM: PERKINS COlE, Attorneys for the city of Seward, Alaska Q~~.~ patricia J. Jones Acting City Clerk 7~ 1lI'~ Fred B. Arvidson city Attorney (city Seal) Introduced By: Hilton & Meehan Introduction Date: 12/11/89 Public Hearing & Enactment Date: 01/08/90