2.75.060 Notice of rulemaking – Adoption procedures – Substantial compliance.
(1)
(a) Prior to the adoption, amendment or repeal of any rule, each Department shall give at least 45 days’ notice of its intended action by:
(i) Filing a notice with the City Clerk’s Office;
(ii) Providing, at least in writing or by electronic format, the notice to: all persons and other parties who have made timely request of the agency for advance notice of its rulemaking proceedings on a special topic; the Clerk; each member of the Council;
(iii) Giving public notice by one publication in the official newspaper.
(b) The notice shall include:
(i) Reference to the authority under which the rule is proposed;
(ii) A statement of either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(iii) The time, place and manner, including at least in writing or by electronic format, in which interested persons may present their views on the rule. To the extent practicable, the Department should permit persons to present their views at a public meeting, according to rules established by the Department.
(2) The Department giving the notice required in this section shall consider all comments received by the prescribed time and shall make reasonable efforts to provide written responses to the comments before the rule is adopted.
(3) Adoption of a rule by a Department is accomplished by the Department’s Director or City Manager for his or her respective Department, signing the proposed rule.
(4) A rule adopted under this section is not valid unless adopted in substantial compliance with this section. In any proceeding, a rule shall not be considered invalid on the ground of noncompliance with the procedural requirements of this section if two years or more have elapsed from the effective date of the rule. (Ord. 40-02 § 4 (15.10.015))