901 W Civic Center Dr - Misc. Permit (2)

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The owner or operator of a noise source which violates any of the provisions of this article may file an application with the Orange County health officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee as established by resolution of the city council. A separate application shall be filed for each noise source; provided however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the health officer shall refer it with his recommendation thereon within thirty (30) days to the Orange County Noise Variance Board for action thereon in accordance with the provisions of applicable law. An applicant for a variance shall remain subject to prosecution under the terms of this article until a variance is granted. (Ord. No. NS-1441, 5 L,8-21-78J Sec. 18-320. - Appeals. Within fifteen (15) days following the decision of the Orange County Variance Board on an application, the applicant, the health officer, or any member of the city council, may appeal the decision to the city council by filing a notice of appeal with the secretary of the Orange County Variance Board. ln the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the secretary of the Orange County Variance Board on the basis of the estimated cost of preparing the materials required to be forwarded to the city council as discussed hereafter. lf the actual cost of such preparation differs from the estimated cost appropriate payments shall be made either to or by the secretary of the Orange County Variance Board. Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the secretary ofthe Variance Board shallforward to the city council copies of the application for variance; the recommendation of the health officer; the notice of appeal; all evidence concerning said application received by the variance boa rd a nd its decision thereon. In addition, a ny person may file with the clerk of the city council written argu ments su pporting or attacking said decision and the city council may in its discretion hear oral arguments thereon. The clerk of the city council shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten (1.0) days prior to the hearing date. Within sixty (60) days following its receipt of the notice of appeal, the city council shall either affirm, modify or reverse the decision, of the variance board. Such decision shall be based u pon the city council's eva luation of the matters submitted to the city cou ncil in light of the powers conferred on the va riance board and the factors to be considered, both as enumerated in section 1.8-319 and Orange County Ordinance section 4-6-13. As part of its decision, the city council may direct the variance board to conduct further proceedings on said application. Failure of the city council to affirm, modify or reverse the decision of the variance board within said sixty-day period shall constitute an affirmance of the decision. (Ord. No. N5-1441, S t,8-2L-78\ Sec. 18-321. - Violations; misdemeanors. Any person violating any or the provisions of this article shall be deemed guilty of a misdemeanor. Each day such violation is com mitted or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this article shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. No. NS-1441, 5 L,8-2L-78)