Resolution Number 17-04-04-01RESOLUTION NO. 17-04-04-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA TO APPLY A PROCESS TO HEAR AND DECIDE
APPEALS TO ENFORCEMENT ACTIONS UNDER SAN JUAN CAPISTRANO
MUNICIPAL CODE TITLE 8 (BUILDING REGULATIONS) AND TO REPEAL
RESOLUTION NO. 07-11-20-04
Whereas , San Juan Capistrano Municipal Code, Title 8 (Building Regulations)
adopts and amends a number of standard and uniform codes including, for example,
the 2016 California Building Code (SJCMC §§ 8-2.01, 8-2.02) and the 1997 Uniform
Code for the Abatement of Dangerous Buildings (SJCMC § 8-8.01);
Whereas, the Building Official enforces Title 8 and issues orders, notices, and
takes other actions under Title 8, which may be appealed;
Whereas, the Municipal Code establishes a hearing and decision process for
administrative citations (SJCMC §§ 1-7.08 (Right to an Administrative Hearing-Waiver
of Advanced Deposit of Fine), 1-7.09 (Administrative Hearing -Procedures), 1-7.10
(Hearing Officer Decision-Right of Appeal));
Whereas, aspects of the hearing and decision process for administrative
citations are applicable and appropriate for the process to hear and decide appeals of
enforcement actions under the Title 8;
I
Whereas, on November 20, 2007, the City Council adopted Resolution No . 07-
11-20-04 (A Resolution of the City Council of the City of San Juan Capistrano,
California, Establishing Implementation Rules for the Conduct of Appeal Hearings by
the Uniform Building Code Board of Appeals) to establish an appeal process specific to
only enforcement actions under Title 8, Chapter 2 (Building Code); and
Whereas, the purpose of this Resolution is to apply aspects of the hearing and
decision process for administrative citations to hear and decide appeals of enforcement
actions under Title 8 as well as to repeal Resolution No. 07 -11-20-04;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES RESOLVE AS FOLLOWS:
Section 1. Right to Appeal. Any person having record title or legal interest in a
building subject to an enforcement action by the Bu ilding Official under the San Juan
Capistrano Municipal Code, Title 8 (Building Regulations) may appeal a decision of the
Building Official. Failure to file an appeal as provided in Section 2 of th is Resolution
constitutes a waiver to all right to appeal the enforcement action .
Section 2. Filing. The appeal must be filed with the City Clerk or the Building
Official within 30 days from the date of service of the enforcement action. The appeal
must be in writing and include the following: (1) a brief statement of each appellant's
legal interest in the building, (2) a brief statement of the specific action appealed along
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with any supporting material facts, (3) a brief statement of the basis for appeal, (4) a
brief statement of the relief sought (e .g., reverse the order or modify the order), (5) the
signatures and mailing addresses of each appellants, and (6) declaration under penalty
of perjury by at least one appellant as to the truth of the matters stated in the appeal.
Section 3. Notice. The person filing the appeal shall be notified in writing by
certified mail of the date, time, and place set for the hearing of the appeal, which will be
conducted within sixty (60) days of the date of the Building Official's receipt of an
appeal. Such notice shall be given at least ten (1 0) calendar days prior to the date of the
hearing. Service of this notice is deemed complete at time of mailing. Failure to receive
a properly addressed notice shall not invalidate the enforcement action, hearing,
decision, or any other City action under San Juan Capistrano Municipal Code, Title 8
(Building Regulations).
Section 4. Liability with Notice to Vacate. If the enforcement action includes a
notice to vacate or similar order, then a timely appeal does not excuse the appellant
from the duty to immediately abate a violation of the San Juan Capistrano Municipal
Code, nor from any other responsibility or legal consequences for a continuation or
repeated occurrence(s) of a violation of the Code.
Section 5. Hearing. The procedures for a hearing on appeal are those provided
in San Juan Capistrano Municipal Code Section 1-7.09 (Administrative Hearing -
Procedures).
Section 6. Decision. The procedures for a decision on appeal are those
provided in San Juan Capistrano Municipal Code Section 1-7.10 (Hearing Officer
Decision -Right of Appeal).
Section 7. Repeal of Resolution No. 07-11-20-04. Resolution No . 07-11-20-04
(A Resolution of the City Council of the City of San Juan Capistrano, California,
Establishing Implementation Rules for the Conduct of Appeal Hearings by the Uniform
Building Code Board of Appeals) adopted November 20, 2007 is hereby repealed.
Section 8. Severability. If any part of this Resolution is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision has no effect on the validity of the remaining portions of this ordinance. The
City Council hereby declares that it would have adopted each part of this Resolution,
irrespective of the fact that any other part or parts thereof might be declared invalid or
unconstitutional.
Section 9. Certification. The City Clerk shall certify the adoption of this
Resolution and cause it, or a summary of it, to be published as required by law.
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APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of San Juan Capistrano this 41h day of A p il 2017 .
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 17-04-04-01 was duly adopted by the Cit~
Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 41
day of April2017, by the following vote:
NCIL MEMBERS: Reeve, Maryott, Farias and Mayor Ferguson
NCIL MEMBERS: Patterson
NCIL MEMBERS: None
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