§ 129.



The General Manager shall hold a public hearing for the following purposes:


To grant or deny a variance application submitted pursuant to Section 128;


To issue an order that imposes an administrative civil penalty pursuant to Sections 132(c) and 133(c) of this Article;


To issue and order pursuant to Section 132 of this Article that revokes or suspends a permit;


To take public comment on a permit application under Section 125, upon timely and proper request by a person authorized pursuant to Section 125(e).


Notices of public hearings pursuant to this Section shall be given by publication in a newspaper of general circulation in the City for at least two days and not less than 10 days prior to the date of such hearing. Written notice setting forth the date of a public hearing shall be sent to interested persons by certified mail at least 10 days in advance of such hearing. The notice shall state the nature and purpose of the public hearing.


At the conclusion of a public hearing, the General Manager may take any action consistent with this Article and other applicable law. The General Manager’s decision shall be in writing, and shall contain a statement of reasons in support of the decision. Following a public hearing, the decision of the General Manager shall be sent by certified mail to the discharger and any other interested person. The General Manager’s action shall be final unless an appeal, if provided by this Article, is filed in accordance with Section 131.


Within 30 days after service of a copy of a final order issued after a public hearing required by Subsection (a) of this Section, any person so served may file with the Superior Court a petition for writ of mandate for review of the order. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of an order of the General Manager in any judicial proceedings brought to enforce the order or for other remedies. Except as otherwise provided in this Section, Section 1094.5 of the California Code of Civil Procedure shall govern any proceedings conducted pursuant to this subsection. In all proceedings pursuant to this Section, the court shall uphold the order of the General Manager if the order is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any accrual of any penalties assessed pursuant to this Article.


(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)


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