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Ordinance No, 3271
AN ORDINANCE ADDING SECTIONS 2-19.1 AND 2-29.2 TO THE BUTTE
COUNTY CODE, ENTITLED RESPECTIVELY "REVIEW OF APPEALABLE
ACTIONS" AND "WITHDRAWAL OF APPEAL"
The Board of Supervisors of the County of Butte ordains as
follows: Section 1. Section 2-19.1 is added to the Butte County Code
to read as follows:
"8ection 2-19.1. Revie~r of Appealable Actions.
(a) Review by Board. The Board of Supervisors may review
any action which is appealable to the Board. If the action
is timely appealed, the appeal shall be heard as specified
in the applicable section of this Code or other provision
of law. Tf the action is appealable but no timely appeal
is filed, or a timely appeal is filed but withdrawn
pursuant to Section 2-19.2, the action may be reviewed by
the Board as set forth in subsection (b) below.
(b) Review procedure and effect. At the request of any
Board member, the appealable action may be placed on the
Board's agenda for the next regular meeting following
expiration of the applicable appeal period or withdrawal of
a timely appeal pursuant to Section 2-19.2. If a majority
of all the members of the Board makes the following
finding, review of the action may be set for hearing at a
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subsequent regular meeting of the Board: that the action
raises a question or questions regarding the proper
interpretation or application of a specified provision of
the General Plan, Comprehensive Zoning Ordinance,
Subdivision Ordinance or other County policy, ordinance, or
resolution. The review hearing shall be commenced within
thirty {3Q) days after the expiration of the time for an
appeal to be filed or withdrawal of an appeal pursuant to
Section 2-19.2. The review hearing shall be regarded as an
appeal hearing, and notice of the hearing shall be given,
the hearing shall be held, and action shall be taken at the
conclusion of the hearing, in the same manner as on an
appeal of the matter by an interested person other than the
applicant. While Board review is passible or is pending,
pursuant to this section, the action in question shall not
be given final effect."
Section 2. Section 2-19.2 is added to the Butte County Code to read
as follows:
"Section 2-19.2. WithdraWa]. of Appeal.
Any appeal to the Board of Supervisors may be withdrawn by
the appellant prior to the commencement of the appeal
hearing. 1f an appeal is withdrawn prior to publication of
the hearing notice, that portion of the appeal fee
allocated for the expense of publication shall be refunded
to the appellant. Upon withdrawal of an appeal, the action
which had been appealed shall be given full force and
effect, unless Board review of the action is possible or
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is pending, pursuant to Section 2-19.1."
Section 3. Severability._
If any part of this ordinance shall be held void by a court of
competent jurisdiction, such part shall be deemed severable, and the
invalidity thereof shall not affect the remaining parts of this
ordinance. Section 4. Effective Date and Publication. This Ordinance
shall be and it is hereby declared to be in full force and effect from
and after thirty (30) days after the date of its passage, and before:
the expiration of fifteen (15) days after its passage, this Ordinance
shall be published once with the names of the members of the Board of
Supervisors voting for and against it in the Chico Enterprise Record
a newspaper published in the County of Butte, State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 25th day of ,Tune ,
1996, by the following vote:
AYES: Supervisors Dolan,. Houx, Thomas and Vice Chair Meyer
NOES : None
~ ABSENT: Chair McLaughlin
I NOT VOTING: None
by,
Vice Chair
MCLAU HLIN, C of the
Butte County Boa of Supervisors
IATTEST:
JOHN S. BLACKLOCK
Officer and C1 rk of the Board
By ~ ~
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