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Ordinance 0629ORDINANCE NO. 629 Amending the alameda municipal code by adding to title 13 thereof a new chapter and article to be known as chapter 2 article 1 SHEET No. 2 Alameda City Ordinances °`d` "a "`e " °. 629 New Seri Ap- plication, The City Manager shall in every case of application for a permit, if a hearing` is to he held thereon., cause written notice to be given. to' applicant of the time and place of such hearing, at least three days before the date thereof. In the event that a public notice of the hearing on any application for a permit may be required the City Clergy shall, at least three days before such hearing, cause a notice to be published once in the official -newspaper of the City of Alameda, and cause a copy thereof to be posted upon the premises to be pri marily affected by the granting of such permit. Such. notice shall set. loath the fact that such appli.cation has been filed., the name of the ap- plicant, the nature of the thing to be permitted and the time and place of hearing upon such application. Whenever a public notice shall be required, the a..pplic:a,rit, upon. filing his application, shall pay to the Ci LY Clerk the surn of $5,00, and such payment shall, not be in lieu of any license or other fee or ta. x otherwise imposed by law. 13 --215, Action on Application. The City Manager, or the investigat- ing official acting thereon, shall deny the granting of any 1)e ° -nit applied for if it shall appear to his satis- faction that the applicant has not complied. with the provisions of this Code, or other law, which directly appertain to the maintenance or con- duct of the business, establishment, place or other thing in question., or has violated any law appertaining ther -eto. or for any other reason in this Code more specifically set forth. In granting or denying such per- mit, and in specifying the conditions, if any, upon . which it i s granted., the City Manager, or other official act- ing thereon, shall consider all per- tinent facts which. may concern the health, saf ety and gen eras welf are of . the Public, and shall exercise a reasonable and sound discretion 'in the premises. The City Manager, or other official acting thereon, in acting upon, an application for a permit, shall notify the investigating official to wham such application was referred., of sucb action. . §13-216. Transfer of Perm - its. No permit in this Code required shall be transferable, nor apply to any premises other than those originally specified as the location of the thing Permitted, except upon written per- mission of the City Manager, ..or other official originally -' grantn.g such permit, granted upon written application by the transferor, and application - .by the transferee -made in the same Mariher as .'may. be required in the instance of the origi- nal application for such permit. 13-217. Revocation and Suspen- slon of Perm Any permit granted pursuant . to the provisions of this .Article may be, by the City Man- ager, or by such other official who ,granted such permit, revoked or sus - pended, as in his discretion may seein meet and just, for any reason for which a granting of such permit Inight be lawfully denied., or for any other reason in this Code or other Ordinance specifically provided. Such revocation or suspension shall be made only upon a. hearing granted to the bolder of the permit so re- voked or suspended., held before the City Manager after five days' notice to such permit Molder, stating the grounds of complaint against him and stating the time and place where such hearing will be held.. In the event of such revocation or suspen -, sion, any certificate issued in con - nection with the granting of such permit shall, by the. holder thereof, be forthwith surrendered to the City Manager. Such revocation or suspension of any permit shall be in addition to any other penalties more specifically provided in this Code. §12-219, Appeals. Any I person ex- cepting to any denial, suspensionn or revocation of a permit applied for or held by him pursuant to the pro- visions of this Code, or to any action taken by any official of the City of Alameda concerning - such permit, may ,appeal in- writing to the City ounell by filing with the City Clerk a written notice of such ap- peal, setting forth the specific grounds. thereof. Such notice must be filed. within 14 days after notice of such action appealed from, but in no event .later than thirty days after slate of such action. The City Clerk shall forthwith set said mat- ter for hearing before the Council and caii se notice thereof to be given to the appellant not less than five days prior to such .hearing. At such hearing the applicant shall show cause, on the grounds - specified in the notice of appeal, why the action excepted to should not be approved. Such - hearing may, by the Council, be continued over from time to time, SHEET No. 3 Alameda Cit Y Ordi Ordinance No. 629 nances New Series and its , findin on the appeal shall be f ind. and conclusive in the matter. §13-219. Inspection of Premises. An officer of the Cit of Alameda char with the -enf orce-ment or ad- ministration of an of the provisions of this Code or other cit Ordinance, shall be permitted to enter and in- spect at an reasonable time, without charge or other restraint, an prem- ises to which an permit g ranted under the provisions of this Code or an such Ordinance ma per- tain, or -which are directl affiectod b such permit, for the purpose of ascertainin whether or not an of the provisions of this Code and of the laws applicable thereto are bein violated. §13-2110. Permits to Be Exhibited. A-n permit re under the pro- -visions of this Code shall be exhib- ited in a con-9picuous place in that part, to which the public has ac- cess, of the premises to which sijch permit appertains. §13-2111. Expiration of -Pormit. An permit g ranted pursuant Lo the pro- visions of this Code or other Cit Ordinance but tinder which the thin therein permitted has not been done, carried on or maintained within a period of six months from the time of the issuance of such p-ermit, shall expire b limitation and cease to be valid for an purpose. Provided, however, that the Cit Mana ma upon written application made prior to the expiration of such period, e'x- tend such period for not to exceed three months. % §13-2112. Cit Clerk to Examine Applieafion�s as to Zu- I lie. Upon, the filin of an application for a per- mit as in this Nrtliele provided for, the Cit Clerk -shall examine the same for the purpose of ascertainin whether the business, establishment or place for which such permit is desired is proposed to -be located within a zone in which the sarne is permitted pursuant to the provisions of this Code and the Ordinance and laws of - the Cit If -. such location is not within such approved zone, the Cit Clerk shall refuse t� accept such application. § 13-2111 Cit Clerk to Be Noti- fied of Actions on Permits. An of- ficial of the Cit of Alameda takin an action upon any application for a permit, or upon an existin per- mit, to operate or maintain an business, establishment or place within the Cit of Alameda, where the application is ori re to be filed with the Cit Clerk, shall notif the Cit Clerk in ritffi of such action. The Cit Cle wrk shall place such communications on file with the applications and permits to which the appertain. Section 2. This Ordinance shall g o into effect at the expiration of thirt da from the date of its final passa HENRY A. WEICHHART, Presidin Officer of the Council. I, the undersi hereb certif that the fore Ordinance was dul and regularl adopted and passed b the Council of the Cit of .A.Iameda in re meetin assern- bled on the 1st da of March, 1938, b the followin vote, to-wit a, AYES: Councilmen Carrin Godfre Maurer, Morris and Presi- dent Weichhart, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, 1 have hereunto set m hand and affixed the official seal of said Cit this 2nd da of March, 1928. (SEAL) D. ELMER DYER, City Clerk of the City of Alameda. Publish March 2. 1938.