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HomeMy WebLinkAbout5814 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, -1- 5814 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. -2- 5814 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 -3- 5814