HomeMy WebLinkAboutOrdinance - 8558-1984 - Amend. Ch. 2 Code Of Ord. Entitled Administration, By Amend. Sec. 2-45B - 02/23/1984KJ:da ORDINANCE NO. 8558 ----
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED ADMINISTRATION, BY AMENDING SECTION 2-458,
PROVIDING THAT WHEN A LICENSE UNDER THIS CHAPTER IS REVOKED OR SUSPENDED OR
OTHERWISE REFUSED, AN APPEAL SHALL BE HEARD BY THE PERMIT AND LICENSE
APPEAL BOARD; AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED AMUSEMENTS, BY AMENDING SECTION 3-43, PROVIDING
THAT WHEN A LICENSE UNDER THIS CHAPTER IS REFUSED, AN APPEAL SHALL BE HEARD
BY THE PERMIT AND LICENSE APPEAL BOARD; AMENDING CHAPTER 11 OF THE CODE OF
ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED FIRE PREVENTION AND PROTEC-
TION, BY AMENDING SECTION 11-98, PROVIDING THAT WHEN A LICENSE UNDER THIS
CHAPTER IS REFUSED, AN APPEAL SHALL BE HEARD BY THE PERMIT AND LICENSE
APPEAL BOARD; AMENDING CHAPTER 11 OF THE CCDE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED FIRE PREVENTION AND PROTECTION, BY AMENDING
SECTION 11-236, PROVIDING THAT WHEN A LICENSE OR A CERTIFICATE UNDER THIS
CHAPTER IS REVOKED OR SUSPENDED OR OTHERWISE REFUSED, AN APPEAL SHALL BE
HEARD BY THE PERMIT AND LICENSE APPEAL BOARD; AMENDING CHAPTER 12 OF THE
CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, ENTITLED HEALTH, BY AMENDING
SECTION 12-88, PROVIDING THAT WHEN A LICENSE UNDER THIS CHAPTER IS SUS-
PENDED OR REVOKED, AN APPEAL SHALL BE HEARD BY THE PERMIT AND LICENSE
APPEAL BOARD; AMENDING CHAPTER 12 OF THE CCDE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED HEALTH, BY AMENDING SECTION 12-181, PROVIDING THAT
WHEN A LICENSE OR AN OPERATING CERTIFICATE UN:>ER THIS CHAPTER IS REVOKED OR
SUSPENDED OR OTHERWISE DENIED, AN APPEAL SHALL BE HEARD BY THE PERMIT AND
LICENSE APPEAL BOARD; AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES, CITY
OF LUBBOCK, TEXAS, ENTITLED PEDDLERS AND SOLICITORS, BY AMENDING SECTION
20-36, PROVIDING THAT WHEN A PERMIT OR PERMISSION TO SOLICIT UNDER THE
CHAPTER IS REJECTED OR REVOKED, AN APPEAL SHALL BE HEARD BY THE PERMIT AND
LICENSE APPEAL BOARD; AMENDING CHAPTER 27 OF THE CCDE OF ORDINANCES, CITY
OF LUBBOCK, TEXAS, ENTITLED VEHICLES FOR HIRE, BY AMENDING SECTION 27-173,
PROVIDING THAT WHEN A PERMIT UNDER THIS CHAPTER IS DENIED, AN APPEAL SHALL
BE HEARD BY THE PERMIT ANO LICENSE APPEAL BOARD; PROVIDING A SAVINGS CLAUSE
ANO PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock has determined that
the changes indicated below would be in the best interest of the citizens
of Lubbock, NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 2 of the Code of Ordinances for the City of
Lubbock entitled "Administration" BE amended by amending the following
section to reed as follows:
"2-458. Appeals.
Any person whose license has been revoked or suspended by action
of the board of electrical examiners or any applicant for any class of
electrician's license who feels that he hes been aggrieved by the
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action of the board of electrical examiners because of any arbitrary
or capricious action of the board of electrical examiners may appeal
this decision to the Permit end License Appeal Board by filing a
written notice of appeal with the city secretary within ten (10) days
after the written decision of the board of electrical examiners hes
been filed in the office of the secretary of the board end a copy hes
been served on the licensee or applicant for en examination. The
filing of the notice of appeal by the licensee whose license hes been
suspended or revoked shell operate to stay the suspension or revoca-
tion order until the Permit end License Appeal Board renders its
decision.
The Permit end license Appeal Board, after notice hes been filed,
may consider the notice of appeal end if after review it is considered
that a hearing before the Permit end license Appeal Board should be
held then appellant shell be notified of the date of such hearing. The
Permit end License Appeal Board may affirm, modify or vacate any
finding of the board of electrical examiners or enter any order which
it may deem necessary. On entry of such order the board shell within
a reasonable time comply with such order, not to exceed forty-five
(45) days from the execution of such order by the Permit end License
Appeal Board. (Ord. No. 4897, 1-20-66; Code 1959, §11A-3B)"
THAT Chapter 3 of the Code of Ordinances for the City of Lubbock
entitled 11Amusements" BE emended by emending the following section to reed
es follows:
"3-43. Same -Appeals from disapproval.
In the event the chief of police shell refuse to approve a permit
under this article, the applicant shell have the right to forthwith
appeal, in writing, to the Permit end License Appeal Board requesting
a hearing before such board, which shell be held et the earliest
practicable time, end its action on the appeal shell be final. (Ord.
No. 2042, §1,10-23-56; Code 1959, §26-34)"
THAT Chapter 11 of the Code of Ordinances for the City of Lubbock
entitled "fire Prevention end Protection" BE emended by emending the
following section to reed es follows:
"11-98. Appeals.
If the fire marshal or fire chief refuses to approve the issuance
of a permit or revokes a permit issued under this article, that action
is final unless the applicant or permittee, within ten (10) days after
receiving a written notice of the action, files a written appeal with
the city secretary-treasurer. Such appeal shell be heard by the
Permit end License Appeal Board et its next regular meeting. (Ord.
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THAT Chapter 11 of the Code of Ordinances for the City of Lubbock
entitled "Fire Prevention and Protection" BE amended by amending the
following section to read as follows:
"11-236. Appeals.
In the event the city secretary refuses a license or certificate
to an applicant, or a license or certificate is suspended or revoked
by the fire marshal, the applicant whose license or certificate is
refused or the holder of a license or certificate which has been
revoked or suspended shall have the right of appeal to the Permit and
License Appeal Board by filing en appeal in writing with the board
within fifteen (15) days from the refusal to grant such license or
certificate or the revocation or suspension of such license or
certificate by the fire marshal. Within thirty (JO) days from the
filing of an appeal, the Permit and License Appeal Board shall hold a
hearing and shell either affirm, modify or otherwise change the action
of the fire marshal. (Ord. No. 5271, §1,6-22-67; Code 1959, §12-79)"
THAT Chapter 12 of the Code of Ordinances for the City of Lubbock
entitled "Health" BE amended by amending the following section to reed as
follows:
"12-88. Suspension, revocation.
(c) Any person whose license hes been suspended or revoked as
provided herein may appeal the action of the city health officer to
the Permit and license Appeal Board by filing notice of appeal with
the city secretary within fifteen (15) days of such action. Such
suspension or revocation shell remain in effect for the duration of
such appeal. (Ord. No. 5371, §1,12-21-67; Code 1959, §15-70)"
THAT Chapter 12 of the Code of Ordinances for the City of Lubbock
entitled "Health" BE amended by amending the following section to read as
follows:
1112-181. Appeal from denial or revocation.
(a) Any person denied an operating certificate, or whose
operating certificate or conditional operating certificate has been
revoked or suspended, hes the right to appeal to the Permit and
License Appeal Board."
THAT Chapter 20 of the Code of Ordinances for the City of Lubbock
entitled "Peddlers end Solicitors" BE amended by emending the following
section to reed es follows:
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"20-36. Appeals from acts of city manager.
Any appeal from any act of the city manager granting, rejecting
or revoking the written permission to solicit the purchase or sale of
goods, wares, merchandise or services and/or membership in any
private, fraternal, professional or public organization, club, group
or association, as provided for in and by the preceding section of
this Code, shall be heard to the Permit and License Appeal Board
within ten (10) days after such appellant has filed a notice of appeal
with the city secretary within fifteen (15) days of such act of the
city manager. (Ord. No. 4002, §1,1-10-6; Code 1959, §21-25)"
THAT Chapter 27 of the Code of Ordinances for the City of Lubbock
entitled "Vehicles for Hire" BE amended by amending the following section
to read as follows:
"27-173. Determination by city secretary; appeal.
The City Secretary shall investigate an application under this
division end determine whether the applicant meets the qualifications
required for the issuance of emergency ambulance drivers' permit. If
the applicant is so qualified, the city secretary shell notify the
applicant by writing to him et the applicant's address es given in the
application. A denial of a permit shall be appeelable to the Permit
end License appeal Board by the appellant filing a notice of appeal
with the city secretary within fifteen (15) days of denial of such
permit. The Permit and License Appeal Board shell hear such appeal
within ten (10) days of the notice of appeal. (Ord. No. 7162,
§1,10-23-75; Code 1959, §31-45)"
SECTION 2. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be effected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance es en alternative
method provided by law.
AND IT IS SO ORDERED.
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Passed by the City Council on first reading this 23rd day of February
1984.
Passed by the City Council on second reeding this· 8th day of March
1984.
-ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
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THE STATE OF TEXAS -.
COUNTY OF LUBBOCK
Before me Eonnle HcKte a Notarv Public in and for Lubbock Countv. Texas on this dav
personally appeared Twi I a Aufi 11, l.ccnunt Hen2~er of the s~uthwestern Newspit-
pers Corporation. publishers ol' the Lubbock Avalanche-Journal -Morning, Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Lee'.et Notice•136T wordst866t "tr
wo rd-$902, 22 No. 868297 at Lubbock County. Texas and the attached print-
ed copy of the Net 1 CC! is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: Mercb 10 & 17, 1984 L-8678
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me th,is19tb day of Marcb
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FORM5S..UI
. 19 84
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