HomeMy WebLinkAbout97-25 Limit Appeals from Decision on Application for a Waiver of FeesORDINANCE NO. 97-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING SUBSECTION
(5) TO SECTION 2-303 OF THE COSTA MESA
MUNICIPAL CODE TO LIMIT APPEALS FROM A
DECISION ON APPLICATION FOR A WAIVER OF FEES
ESTABLISHED BY RESOLUTION OF CITY COUNCIL.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa, California, does
hereby find and declare as follows:
WHEREAS, City Council has adopted City Council Policy No. 100-7 to
provide for the standard waiver of fees for use of City owned public facilities and
show wagon;
WHEREAS, City Council Policy No.100-7 has identified those organizations
that the City Council desires to provide a waiver of fees and, therefore, if a request
does not qualify for a waiver of fees the request is routinely denied;
WHEREAS, it is the City Council's desire that organizations or individuals not
qualifying for a waiver of fees be routinely denied without the right of appeal;
WHEREAS, if an organization or individual should desire to receive a waiver
of fees and be added to City Council Policy No. 100-7 that a request be submitted
in writing to the Community Services Director for City Council consideration at a
regularly scheduled meeting of City Council.
Section 2. Subsection (5) is hereby added to Section 2-303 of Chapter IX,
Title 2, of the Costa Mesa Municipal Code to read as follows:
"(5) Notwithstanding the provisions of this Chapter, there shall be no
right of appeal to City Council 'from a decision by a public officer
designated by City Council Policy No. 100-7 on an application for a
waiver of fees for use of a City owned public facility or show wagon.
A decision pursuant to City Council Policy NO. 100-7 shall be subject -
to California Code of Civil Procedure section 1094.6."
Section 3. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance, or the application thereof to any person, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this
Ordinance or its application to other persons. The City Council hereby declares that it
would have adopted this Ordinance and each chapter, article, section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the .
application thereof to any person, be declared invalid or unconstitutional. No portion of
this Ordinance shall supersede any local, State, or Federal law, regulation, or codes
dealing with life safety factors.
Section 4. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
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or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 4th day of August, 1997.
ATTEST:
Deputy ChM Clerk
of the City6f Costa Mesa
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APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 97-25 was introduced and considered section by section at a regular
meeting of said City Council held on the 21 st day of July, 1997, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the 4th day of August, 1997, by the following roll call vote:
AYES: f eJuFFA ' i)&)A r-/,oA) EKi c K So IJ 0-,G w,4AJ 5-ome2S
NOES: No N E
ABSENT: N 6 A),5
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 5th day of August, 1997.
WAIVER OF FEES.44 (7-29-97)
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2�'2' T (�o -y' '--jr
Deputy qiWy Clerk and ex -officio
Clerk oft e City Council of the
City of Costa Mesa