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HomeMy WebLinkAbout1206 - Amending Entity to Make Determination on Livestock Permits ORDINANCE NO. 1206 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 5, CHAPTER 2 OF THE CITY CODE TO DESIGNATE THE ENTITY AUTHORIZED TO MAKE DETERMINATIONS ON LIVESTOCK PERMITS. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Division 5, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §4200 KEEPING LIVESTOCK WITHIN CITY LIMITS PROHIBITED WITHOUT PERMIT It shall be unlawful for any person, firm, or corporation to keep, harbor or maintain, or cause, permit or suffer to be kept, harbored or maintained within the corporate limits of the City any cow, bull, calf, horse, mule, jennie, jack, burro, sheep, goat, swine or any other livestock without then and there having a valid permit in writing issued by the Zoning Administrator of the City under the provisions of the Chapter. §4201 APPLICATION FOR PERMIT Any person, firm or corporation required to have a permit under the provisions of this Chapter shall make application for the same to the Zoning Administrator of the City. Such application shall be in writing and signed by the applicant and shall contain the following: A. The name and address of the applicant. B. The type and number of such animals. C. The place where such animals are intended to be kept. D. The length of time such applicant intends to keep such animals at such place. E. Such other information as may be required by the Zoning Administrator for the enforcement of the provisions of this Chapter. §4202 ZONING ADMINISTRATOR TO INVESTIGATE CONDITIONS; STANDARDS Upon receipt of an application for a permit required under this Chapter the Zoning Administrator shall make an investigation to determine if the keeping of such animals as requested in the application would create or continue any of the following conditions: A. Create a hazard to public health or safety; or, 1 B. Constitute a public or private nuisance; or, C. Otherwise seriously and injuriously affect living conditions or property values in adjacent or neighboring properties §4203 ISSUANCE OF PERMIT; FORM; CONDITIONS If the Zoning Administrator finds that none of the conditions set forth in §4202 are present, or would be present in the event the application were granted, it shall issue to the applicant the permit requested. The permit may be unconditional or may contain such conditions as are deemed necessary by the Zoning Administrator. The permit shall be in such form as prescribed by the Zoning Administrator and shall be signed by an authorized member thereof. It shall be nontransferable and shall be valid only for the location stated in the permit. §4204 DURATION OF PERMIT; TERMINATION OR MODIFICATION; NOTICE TO PERMITTEE The permit shall continue until modified or terminated, and the same way be modified or terminated at any time whenever in the opinion of the Zoning Administrator the circumstances have changed so as to cause any of the conditions set forth in §4202 to be present. At least ten (10) day's notice in writing shall be given the permittee prior to any modification or termination becoming effective. Placing such notice in the regular U.S. Mail, postage prepaid, and addressed to the permittee at the address appearing on the application shall constitute such notice. Permittee shall at all times keep the Zoning Administrator informed of any change in his address, and in the event of notification of such change such notice shall be given to permittee at such changed address rather than the address appearing in the application. §4205 REFUSAL TO ISSUE PERMIT If the Zoning Administrator finds that any one or more of the conditions set forth in §4202 are present, or would be present in the event the application were granted, it shall refuse to issue the permit requested, and shall notify the applicant of such action and the reason therefor. §4206 ADMINISTRATIVE HEARINGS In any case where an applicant for a permit, a permittee, or any other interested person is dissatisfied with any determination of the Zoning Administrator relative to the presence or absence of any of the conditions mentioned in section 4202 of this code, or is aggrieved by any decision of the Zoning Administrator with respect to the issuance, modification or termination or refusal to issue, modify or terminate any permit required by this chapter, such person may apply for a hearing before the Hearing Officer of the City. Such hearing shall be held within fifteen (15) days from the date of filing the application for hearing, unless continued at the request of the appellant. Notice of the time and place of hearing shall be given the appellant, and he shall be entitled to appear in person or by counsel and present evidence. In the event such a hearing is requested by other 2 than an applicant or permittee, any applicant or permittee affected thereby shall be given the same notice and shall have the same rights to appear and present evidence as the person requesting the hearing. The Hearing Officer shall hear and consider evidence presented at such hearing, and shall decide the issue based upon the evidence presented. A decision must be rendered in writing by such Hearing Officer within ten (10) days from the date of hearing, and a copy of any such decision shall be furnished to the person requesting the hearing, and affected applicant or permittee, and any other interested person requesting the same. The decision may reverse, affirm or modify any action of the Zoning Administrator, and may provide such other determination as the Hearing Officer may deem appropriate. SECTION TWO. A new Section 4211 shall be added to Chapter 2 in Division 5 of the Ukiah City Code and shall read as follows: §4211 DEFINITIONS Unless the context otherwise requires, the following terms shall have the following meanings when those terms are used in this Chapter. HEARING OFFICER. An individual appointed by the City Council to hear and decide appeals of certain decisions made by City officials and entities, as defined further in Section 23 of this Code. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 3. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on September 2, 2020, by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None Adopted on September 16, 2020, by the following roll call vote: 3 A`/ES: Counoi|nnennberoMu|heren. Brovvn, Soa|nnanini. Orozco, and Mayor Crane NOBS: None ABSENT: None ABSTAIN: None Dougla�,s F. Crane, Mayor ATTEST: