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RESOLUTION NO. 5814
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA
CREATING AN APPEALS BOARD PURSUANT TO SECTION 19957.5
OF THE CALIFORNIA HEALTH AND SAFETY CODE PERTAINING
TO ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY
HANDICAPPED PERSONS,
WHEREAS, the State of California has adopted special regulations pertaining
to access to public accommodations by physically handicapped persons (Health and
Safety Code Section 19955, etc. seq,); and
WHEREAS, under State law, these regulations are enforced in the City of
Arcadia by the Planning and Building Divisions; and
WHEREAS, pursuant to Health and Safety Code Section 19957 AND 19957.5,
the Building and Planning Divisions are empowered to grant exceptions to the
literal requirements of these regulations in cases of practical difficulty, unnecessary
hardship, or extreme differences; and
WHEREAS, Health and Safety Code Section 19957.5 authorizes the creation of
an appeals board to hear appeals from action taken by the Planning and Building
Divisions in enforcing these regulations; and
WHEREAS, the Community Development Department recommends and the
City desires to create such an appeals board;
NOW, THEREFORE, The City Council of the City of Arcadia hereby resolyes
as follows:
SECTION 1, Handicapped Appeals Board, Pursuant to Health and Safety
Code Section 19957,5, there is hereby created a board to be known as the
Handicapped Appeals Board to hear written appeals regarding action taken by the
Planning and Building Divisions in its enforcement of State regulations pertaining
to access to public accommodations by physically handicapped persons,
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SECTION 2, Members, The Handicapped Appeals Board shall consist of five
members. Two members of the Appeals Board shall be physically handicapped
persons, two members shall be persons experienced in construction and one
member shall be a public member, The City Manager shall recommend members
for appointment by the Mayor and confirmation by the City Council. Members shall
serve four-year terms and shall be eligible for reappointment if their seryice does
not exceed the eight year maximum established by the City Council. The Inspection
Services Manager shall serve as Secretary to the Board,
SECTION 3, Duties. The Handicapped Appeals Board shall conduct hearings
on written appeals regarding any action taken by the Planning and Building
Divisions in enforcing the provisions of State law pertaining to access to public
accommodations by physically handicapped persons, including any "exceptions
contained in Health and Safety Code Section 19957, In the appeal, the Board may
approve or disapprove interpretations of these regulations and enforcement actions
taken by the Department.
SECTION 4, Appeal. Any person may file a written notice of appeal with the
Secretary of the Board within thirty (30) days after an action is taken by the
Department regarding the regulations pertaining to public access for handicapped
persons, Thereafter, the Appeals Board shall set a time and place for hearing the
appeal and all persons interested shall be heard, The Secretary shall give the
applicant at least ten days' notice of hearing,
SECTION 5, Procedures, The Board shall adopt reasonable rules and
regulations for conducting the hearings and shall appoint one member to preside as
chairman, All decisions of the Board shall be in writing and shall be final and
conclusive in the absence of fraud or prejudicial abuse or discretion.
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SECTION 6. The City Clerk shall certify to the adoption of this Resolution,
Passed, approved and adopted this 6th;: day of September , 1994.
myfi.fl'wZ
Mayor the i f Arca
ATTEST:
APPROVED AS TO FORM:
:J1J~ (I Y!)Jj
Michael H, MillJ
City Attorney
ST ATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D, ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No, 5814 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council on the 6th day of September ,1994, and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young
NOES: None
ABSENT: None
Ci
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