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COM 1077.000 2006-2008
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COM 1077.000 2006-2008
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Last modified
6/5/2009 10:50:59 AM
Creation date
5/8/2008 7:16:56 PM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
1077
Point
000
Author
Harry Kim, Mayor
Communications - Referred To
PC
Document Relationships
AGE PC 03/24/2008 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Plannning Committee (PC)
BIL 265 Draft 01 2006-2008
(Related)
Path:
\Council Records\Bills\2006-2008
ORD 2008-066 2006-2008
(Related To)
Path:
\Council Records\Ordinances\2008
REP PC 078 03/24/2008 2006-2008
(Related)
Path:
\Council Records\Reports\2006-2008\Planning Committee (PC)
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<br /> <br /> <br /> <br /> <br /> <br /> been cited has the right to appeal this violation to a group called the Board of Appeals. It's <br /> something like the Planning Commission. It's a group that's appointed by the Mayor and really <br /> serves as a check or a control on the Planning Director running amuck and violating the rights of <br /> the public. So the Board of Appeals can overturn the violation notice. They have a standard of <br /> review where if the Planning Director is clearly erroneous or the Planning Director has acted in <br /> violation of the law or acted arbitrarily and capriciously, the Board of Appeals can overturn that <br /> violation notice. <br /> <br /> Now when the violation notice goes out, it typically will say you have, and let's take the example <br /> of a person running a business out of a residential area that they're not supposed to run. It will <br /> say you will have "x", you know, you must stop running your business. If you keep violating it <br /> from this date forward you will have a fine of $100 a day. That's atypical violation notice. <br /> The law says that, currently the Zoning Code says that if you appeal that violation notice, the <br /> enforcement and the penalties are stayed until the appeal is finished. And so what happens is <br /> that if a person then makes an appeal they can continue running the business without accruing <br /> these fines until the appeal process has been finished at the Board of Appeals. This sometimes <br /> takes several months. So no matter how poor their case is they have an incentive to file the <br /> appeal. So we have noticed, and people start to understand this, that we get lots of appeals in this <br /> situation. So our proposal is that it changes so that the fines, if they continue to operate the fines <br /> will continue to run. Now if they win at the Board of Appeals, naturally they were right, we <br /> were wrong, there's no fine. But they have to take that risk if they choose to operate. So it <br /> doesn't mean, now they, and we don't ever You noticed my inspectors did not have guns <br /> strapped to their sides. We never actually go out with a gun and say you have to stop doing what <br /> you're doing. We give them a piece of paper that says you have to stop doing what you're <br /> doing. If it's an urgent matter, we can go to court, and go to court and get an injunction. So the <br /> person, you know, they have a choice. If they really feel that they are correct and they want to <br /> take that chance, then they can continue operating. Then they will accrue these fines if this <br /> passes the way it is. But it will take away this incentive of people to appeal just to buy time. <br /> <br /> WATANABE: Thank you. <br /> <br /> ALAMEDA: Question. <br /> <br /> WATANABE: Mr. Alameda. <br /> <br /> ALAMEDA: Sure, thanks. Thanks, Mr. Director. I like your way of explaining it, <br /> which allowed me some questions. So how much does it cost to appeal? <br /> <br /> YUEN: It's $250. <br /> <br /> ALAMEDA: Okay. Now if they end up correct and the Department is wrong, do they <br /> get all their money back from the fines? Because they've got to pay up to the appeal, right, their <br /> proposal? <br /> <br /> YUEN: We will never have actually the collected the fines pending the appeal. I <br /> mean, well, the fines will accrue. <br /> <br /> ALAMEDA: Right. But they're not paying it since the fines <br /> 2 <br />
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