Ord 1999-061 - Laserfiche WebLink

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:e ~ &: ~ ~I ~ e ~~ 'u ~ w;;a:; UJ~ c) 51:: .J ~o N w.;I~ iL~ ---l cn'l5 ::::::l ~ -, .....;.b ~ gO , :E ~ r;;; 8 O~ ~ ~ ~ ~<<J (.) - w::ii LIJ~ ~ 0::: , I:: J~o N frl~ iL~ ---l 00_ Q :::;) -, ~ 14~ ORDINANCE 1999- 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 50.053 OF THE CITY CODE, AND ADDING A NEW SECTION 50.054 TO THE CITY CODE, TO REPLACE THE APPEAL PROCESS FOR THE DENIAL OF MOBILE HOME P ARK PERMITS WITH A VARIANCE PROCEDURE; PROVIDING FOR PENAL TIES; INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EMERGENCY. RECITALS: 1. Section 50.053 of the City Code currently provides for appeal of the denial of mobile home park permits to the municipal court judge. 2. This appeal process does not expressly provide for the granting of variances from the standards for the development of mobile home parks set out in Chapter 50, Article 2 of the City Code. 3. The City Council wishes to replace the appeal process for the denial of mobile home park permits with a variance process involving the Planning and Zoning Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 50.053 of the City Code is amended, and Section 50.054 of the City Code is added, as follows (underlining indicates added language; o v crstIik:c indicates deleted language): Sec. 50.053. Notices, hearings and orders. (a) Whenever it is determined that there are grounds to believe that there has been a violation of this article, the city shall give notice of the alleged violation to the park owner or agent, as provided in this section. The notice shall: (1 ) Be in writing; (2) Include a statement of the reasons for its issuance; (3) Allow a reasonable time for the performance of the act it requires; (4) Be served upon the park owner or the owner's his agent, provided that the notice or order shall be deemed to have been properly served upon the park owner or agent when a copy thereof has been sent by mail to the owner's or agent's his last known address or when the owner or agent has been served with the notice by any method authorized or required by state law; and (5) Contain an outline of remedial action which, if taken, will effect compliance with this article. (b) Appeal from notice issued by city. Any person affected by any notice issued in connection with the enforcement of any section of this article applicable to a park by the city may request and shall be granted a hearing on the matter before the municipal court judge, provided that the person shall file within ten days after the day the notice was served, in the offices of the municipal court, a written petition requesting the hearing and setting forth a brief statement of the grounds therefor. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except for an order issued under section 50.080. Upon receipt of the petition, the municipal court judge will set a time and place for the hearing and give the petitioner written notice thereof. At the hearing, the petitioner will be given an opportunity to be heard and to show why the notice should be modified or withdrawn. ( c) Appeal fi om denial of pe 1111 it. An, person affected b, the refusal oftile dep41 tment to ism\: a penuit shall be ptcsGntcd a ~littcn statement listing the leasons f01 pCllnit denial tl1ldc.l this artide as sct out in section 50.051. An, pelSOll affcGted b, the IGfusal maJ lequest and shall