Long Beach Municipal Code Ch. 12.48 Enforcement and Review Procedure

A. Enforcement. It shall be the duty of the Director to enforce the provisions of this title.

B. Stop Orders. If at any time the Director finds that any operator is violating any of the provisions of this title, he or she may order immediate cessation of operations. The operator shall immediately comply with the order of the Director to cease and shall not resume such operations until written consent therefor by the Director has been obtained. Upon written request by the operator, the City Manager may stay compliance with the order of the Director until such operator has appealed under the provisions of Sections 12.48.020 and 12.48.030.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.57)

The City Council shall have the power to hear and determine appeals from any order, requirement, decision or determination made by the Director in the administration or enforcement of any of the provisions of this title.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.58)

Any appeal from any order, requirement, decision or determination of the Director shall be in writing and shall be filed with the City Clerk within thirty (30) days following the date of such order, requirement, decision or determination of the Director from which the appeal is taken. The appeal filed shall set forth the order, requirement, decision or determination of the Director which is being appealed, and the grounds upon which the appellant deems himself or herself aggrieved thereby. At the time of filing the appeal, the appellant shall pay to the City Clerk a filing fee as set forth by City Council resolution, which filing fee shall be refunded in the event the appeal is sustained by the City Council.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.59)

Within five (5) business days following the filing of the appeal, the City Clerk shall advise the Director of the filing of appeal by the appellant, and the Director shall within five (5) business days thereafter following transmit to the City Clerk all papers relating to the order, requirement, decision or determination appealed from. In addition the Director shall prepare, or cause to be prepared, and transmit to the City Clerk any supplemental report as he or she may deem necessary and relevant to the appeal. In the event such supplemental report is prepared and transmitted to the City Clerk, a copy thereof shall be served upon the appellant at least five (5) days prior to the date of hearing on the appeal.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.60)

Upon receipt of the record on appeal, the City Council shall set the matter for hearing within thirty (30) days and give notice by mail of the time, place, and purpose thereof to appellant and to the Director and any other interested party who has requested in writing to be so notified; and no other notice need be given.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.61)

Upon the date set for the hearing the City Council shall hear the appeal unless for good cause the City Council on that date continues the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set. The hearing shall be conducted in accordance with the provisions of Chapter 2.93. Upon hearing such appeal, the City Council may sustain or modify the order, requirement, decision or determination appealed from, or in lieu thereof may make such other or additional order as it shall deem proper in the premises, subject to the same limitations as are placed upon the Director by this title and any other provisions of law.

(ORD-16-0027 § 1(Exh. A), 2016; Ord. C-5575 § 3 (part), 1980: prior code § 3300.62)