Alturas Municipal Code Div. 2 Interpretation

The Director shall have the authority to issue administrative interpretation of the provisions of this chapter to resolve ambiguities.

A. Record of Interpretations. Whenever the Director determines that the applicability or meaning of any of the provisions of the chapter is ambiguous, the Director may issue an official interpretation (aka a "Director Determination Letter"). Official determinations shall be in writing, and cite the provision being interpreted, together with an explanation of its meaning or application, in the particular or general circumstances that caused the need for interpretation. Said determinations shall be recorded in accordance with the procedures in Article VII of this chapter.

Where the Director finds that no clear interpretation can be made, the matter may be referred to the Commission. The Commission shall hold a public hearing prior to making an interpretation. Notice of such hearing shall be provided by listing the matter on the Commission agenda and posting notice at least 72 hours prior to the hearing. A record of all official Planning Commission interpretations shall be filed as a Planning Commission Determination Letter and recorded in accordance with the procedures in Article VII of this chapter.

B. Appeal of Interpretations. Interpretations by the Director may be appealed to the Commission in compliance with Section 28.52.090. Interpretations are only advisory to the City Council.

(Ord. No. 503, 12-16-2014)

If any provision of this chapter is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter. The City hereby declares that it would have adopted this chapter and each provision thereof, irrespective of the fact that any one or more portions of this chapter may be declared invalid, unconstitutional, or unenforceable.

(Ord. No. 503, 12-16-2014)

A. Applicant's Agreement to Indemnify and Hold Harmless. As a condition of approval of a land use application, the applicant shall agree to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, an advisory agency, appeal board or legislative body concerning the map or permit or any other action relating to or arising out of City approval.

B. City's Duty to Notify Applicant and Cooperate in Defense. Any condition of approval imposed in compliance with this chapter shall include a requirement that the City act reasonably to promptly notify the applicant of any claim, action, or proceeding and that the City cooperate fully in the defense.

(Ord. No. 503, 12-16-2014)