Chapter 18.17 Rulemaking

(Amended by Ordinance Nos. 176955, 186216 and 189078, effective July 18, 2018.)

A.  The Director has the authority to adopt administrative rules and supplemental regulations related to the provisions of this Title.  The rules and regulations must be in conformance with the intent and purpose of this Title.  The Director has the authority to administer such rules and regulations.  Rules will be adopted according to the procedures in this section.

B.  Permanent rules.

1.  Prior to the adoption of a permanent rule, the Director will:

a.  Publish a notice in a newspaper of general circulation in the City.  The notice must be published not less than thirty days before the hearing.   The notice must identify the place, time and purpose for the hearing; a brief description of the subjects covered by the proposed rule; the final date for acceptance of written comments; the location to submit comments and the location where copies of the full set of the proposed rules may be obtained.

b.  At the hearing, a designee of the Director will hear testimony and receive written comments regarding the proposed rules.  The designee will provide a recommendation to the Director.  The recommendation will take into consideration the comments received.

c.  The Director will review the recommendation of the designee and may either adopt the proposed rule, modify or reject it.

d.  If a substantial modification is made to the proposed rule, the Director may adopt the modification as an Interim Rule or provide additional public review prior to adoption.

2.  Unless otherwise stated, all rules will be effective two weeks after adoption by the Director.

C.  Interim rules.

1.  An interim rule may be adopted by the Director without prior notice upon a finding that a failure to act promptly will result in a serious threat of injury or hazard to the public health or public or private property.  The rule will include specific reasons for the finding.

2.  Interim rules will be effective for a period of not longer than 180 days.

3.  Not more than 30 days after adoption of an interim rule, public notice of interim rules must be given by publication in a newspaper of general circulation.  Such notice must also identify the location at which copies of the full set of the interim rules may be obtained.

D.  All final and interim rules must be filed in the office of the Director.  All final and interim rules will be available to the public at the Office of Community & Civic Life. 

E.  For the purposes of this Section, “Director” shall mean the Director of the Office of Community & Civic Life, or any duly authorized representative of the Director.