HomeMy WebLinkAboutOrd1989-628
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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.
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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
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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
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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
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patricia J. Jones
Acting City Clerk
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Fred B. Arvidson
city Attorney
(city Seal)
Introduced By: Hilton & Meehan
Introduction Date: 12/11/89
Public Hearing &
Enactment Date: 01/08/90