1992-220-Decision Of The Health Officer Of Santa Clara County In Interpreting The Requirements Of Town Code Section 22.20.025, 22.22.040, 22.20.045 And 22.20.50 Related To Private Sewage Disposal Systems And Denying Appellants' Request For RehearingRESOLUTION 1992 -220
RESOLUTION OF THE TOWN COUNCIL DENYING AN APPEAL OF
A DECISION OF THE HEALTH OFFICER OF SANTA CLARA
COUNTY IN INTERPRETING THE REQUIREMENTS OF TOWN CODE
SECTIONS 22.20.025, 22.20.040, 22.20.045 AND 22.20.050 RELATED TO
PRIVATE SEWAGE DISPOSAL SYSTEMS AND DENYING
APPELLANTS' REQUEST FOR REHEARING
(16070 GREENRIDGE TERRACE /APPELLANTS DUANE AND SUSAN FISH)
WHEREAS:
A. The appellants, Duane and Susan Fish, appealed the Health Officer's
unwillingness to take action as provided in Town Code sections 22.20.025, 22.20.040,
22.20.045 and 22.20.050 regarding a possible health hazard at 16070 Greenridge Terrace;
and
B. The Town Council held a public hearing on November 16, 1992.
C. Appellants have requested a rehearing to allow an opportunity to respond to
evidence admitted during the public hearing which they had not previously seen, and to
allow an opportunity for the Health Officer to be present to explain his position in response
to their questions.
RESOLVED:
The Town Council hereby finds that the Health Officer did not err in exercising the
authority delegated to him by the Town Code and denies the appeal.
The Town Council further denies the request for rehearing for the following reasons:
(1) The hearing afforded a fair opportunity to present their concerns;
(2) The Municipal Code does not provide for rehearing of appeals which have been
concluded and finally determined;
(3) The Council has no ability to compel the presence of the Health Officer; and
(4) Appellants did neither objected to the evidence admitted during the hearing nor
requested additional time to review and respond to it.
Pursuant to Los Gatos Town Code Section 1.10.085, the time for seeking judicial
review for the Town Council decision is governed by California Code of Civil Procedure
Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of December, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, and Eric D. Carlson
Mayor Joanne Benjamin
NAYS: Brent N. Ventura
ABSENT:
ABSTAIN:
SIGNED: ��✓� e u
YOR OF THE TO OF LOS GATOS
OS GATOS, CALIFO IA
ATTEST:
CLERK OF THE TOWN OF `�'Os GATOS
LOS GATOS, CALIFORNIA