HomeMy WebLinkAbout00-08 Procedures for RehearingsORDINANCE NO. 00-8
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA
AMENDING SECTION 2-304 OF CHAPTER IX OF TITLE 2
OF THE COSTA MESA MUNICIPAL CODE REGARDING
PROCEDURES FOR REHEARINGS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 2-304, Chapter IX of Title 2 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
"Sec. 2-304. Procedure for rehearing.
(1) Any affected person, or the city council or any council member, may
within the time limits set forth in section 2-305 file an application for
rehearing with the city clerk. The application shall contain sufficient
information to identify the party, its interest in the matter, and the reasons
for requesting a rehearing.
(2) The application shall be considered at the first regular meeting which
follows filing of the application, or shall be considered within ten (10) days if
the person or body to whom the application is made does not hold regular
meetings.
(3) To justify obtaining a rehearing the applicant must show in the
application that there is new, relevant evidence which, in the exercise of
reasonable diligence, could not have been produced, or which was improperly
excluded, at the earlier hearing, or that the person or body failed to comply
with the law, which contention was not asserted at the earlier hearing. The
person or body may in its discretion decide whether to hear additional
evidence than what is contained in the application. The decision whether to
grant the rehearing is final and may not be appealed or reheard.
(4) If the person or body concludes the applicant has met the burden of
justifying the rehearing, the rehearing will be scheduled for the next regular
meeting which allows sufficient time for the giving of notice as required by
section 2-308."
Section 2. 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
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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 3. 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,
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 5ff'' day of
U1190 s
T
City Clerk Xf the
City of Co a Mesa
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qL11� 2000
Mayor
APPROVED AS TO FORM:
7/__;37,f '4A r&a
City ttorne)`s'
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. 00- $ was introduced and considered section by section at a regular
meeting of said City Council held on the /6v& -day of , 2000, and thereafter
passed and adopted as a whole at a regular meeting ofsaid ity Council held on
the 5d- day of , 2000, by the following roll call vote:
AYES: MOAJAI44n1� �orva�J� C (1,��Ks��l � :56Mc-25� Z�Y-OAJ
NOES: A%pA/C
ABSENT: AJ,6 tiE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this (,V -day of , 2000.
T.
Deputy Vte
Clerk and ex -officio
Clerk ofCity Council of the
City of Costa Mesa
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