Modoc County Municipal Code Ch. 18.140 Hearings

The provisions of this chapter shall apply to every hearing or public hearing required by this title, or pursuant to this chapter.

(Ord. 236-73 Exh. A(part), 1991)

Except as otherwise required, whenever a notice of hearing or public hearing is required, or whenever a hearing or public hearing is required, written notice shall be given, including the date, time, and place of a hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description in text or by diagram of the location of the real property, if any, that is the subject of the hearing.

(Ord. 236-73 Exh. A(part), 1991)

A. A request by any interested person for notice of any hearing conducted pursuant to this title shall be made in writing to the planning director, or clerk of the board of supervisors who shall transmit a copy to the director. A fee which is reasonably related to the cost of providing the service to the public may be charged for each notice individually or annually.

B. A copy of the record of hearing in the manner such record is customarily maintained by the hearing body shall be provided to any person requesting such record and may include a fee. Any person may file with the planning director at least three working days prior to hearing, a written request that any hearing conducted pursuant to this title be tape recorded. A nonrefundable deposit and fee upon delivery which is reasonably related to the cost of providing the service may be required.

(Ord. 236-73 Exh. A(part), 1991)

When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall given in all of the following ways:

A. Notice shall be published in at least one newspaper of general circulation within the county, at least ten days prior to the date of the hearing.

B. Notice shall be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request with the clerk of the board of supervisors or the planning director.

C. Notice may also be given in any other manner the county deems necessary or desirable.

(Ord. 236-73 Exh. A(part), 1991)

When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:

A. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

B. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential services to the project whose ability to provide those facilities and services may be significantly affected.

C. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll or more current records of the county assessor or tax collector, within three hundred feet of the real property that is the subject of the hearing. If such owners number more than one thousand, notice may alternatively be given by advertisement as provided by state law.

D. Notice of the hearing shall be either published in at least one newspaper of general circulation in the county at least ten days prior to the hearing, or be posted at least ten days prior to the hearing in three public places within the county, including one public place in the area directly affected by the proceeding.

E. Notice shall be mailed or delivered at least ten days prior to the hearing to any person who has filed a written request with the clerk of the board of supervisors or the planning director.

F. Notice may also be given in any other manner the county deems necessary or desirable.

(Ord. 236-73 Exh. A(part), 1991)

When a provision of this title requires notice of hearing to be given pursuant to this section, or requires an administrative hearing or any other hearing which is not a public hearing, notice shall be given as provided in this section. The board of supervisors declares that no administrative hearing is required to be a public hearing unless otherwise stated.

A. Notice of hearing shall be mailed or delivered at least ten days prior to hearing to the owner of the subject real property or duly authorized agent, or the project applicant or duly authorized agent, and any person who has caused the hearing to be held.

B. Notice of hearing shall be mailed or delivered at least ten days prior to hearing to any other person who filed a written request to be notified of such matter, and to each agency that may be significantly affected.

C. Notice may also be given in any other manner, to any other persons, the county deems necessary or desirable.

D. The ten day notice period required by this section may be decreased upon the written consent of the county, the person who caused the hearing to be held, and any other affected party.

(Ord. 236-73 Exh. A(part), 1991)

The failure of any person or entity to receive notice given pursuant to this chapter shall not invalidate the action taken by the county for which the notice was given and shall not constitute grounds for any court to invalidate the actions of the county for which the notice was given.

(Ord. 236-73 Exh. A(part), 1991)

Any public hearing or hearing conducted pursuant to this title may be continued from time to time, and no further notice shall be required unless otherwise required by law.

(Ord. 236-73 Exh. A(part), 1991)