ORD 564ORDINANCE NO. 564
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING SPECIFIED
CHAPTERS IN THE LA QUINTA MUNICIPAL CODE
RELATING TO ADMINISTRATIVE APPEALS AND SERVICE
OF OFFICIAL CITY NOTICES
WHEREAS, Municipal Code additions, deletion, amendments have occurred
since the City's incorporation in 1982, and;
WHEREAS, due to amendments over time, the Municipal Code contains
multiple sections detailing various appeal procedures, and not all are consistent,
and;
WHEREAS, a comprehensive review of all appeal processes was undertaken to
create consistency and ease of use for all users, and;
WHEREAS, amendments to several sections of Title 1,Ttitle 2, Title 5, Title 8,
Title 9, Title 13, and Title 14 are needed as a result of the comprehensive review to
establish consistent appeal processes throughout the Municipal Code, and;
WHEREAS, the five avenues of appeal in the Municipal Code are (1) appeal to
a Hearing Officer, (2) appeal to the City Manager (or his/her designee), (3) appeal to
Construction Board of Appeals, (4) appeal to the Planning Commission, and (5)
appeal to the City Council, and;
WHEREAS, by this ordinance, each appeal process has been outlined in detail
in only one section of the Municipal Code with all other sections referencing the
appropriate appeal process where applicable, and;
WHEREAS, in 2015 one standard noticing section (1.01.300) was established
in the Municipal Code with the intent that it would be referred to in all other sections
addressing the issuance of all types of notices, and;
WHEREAS, references to noticing section 1.01.300 is continued in all sections
brought herein.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
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SECTION 1. Certain sections of Chapters 1.09, 2.40, 5.11, 8.09, 8.10, 8.11, 8.12, 8.13,
8.70, 9.100, 9.160, 9.180, 13.12, and 14.16 shall be amended as written in "Exhibit A"
attached hereto.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 3. SEVERABILITY: The City Council declares that, should any provision,
section, paragraph, sentence or word of this ordinance be rendered or declared
invalid by any final court action in a court of competent jurisdiction or by reason of
any preemptive legislation, the remaining provisions, sections, paragraphs,
sentences or words of this ordinance as hereby adopted shall remain in full force
and effect.
SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the permanent record of Ordinances of the City of La
Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 19th day of December 2017, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SUSAN MAYSELS, City CIrk
City of La Quinta, California
c,
LI DA EVANS, Mayor
City of La Quinta, California
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(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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TITLE 1 GENERAL PROVISIONS EXHIBIT A
CHAPTER 1.09 ADMINISTRATIVE CITATION
1.09.005 Scope.
The procedures established in this Chapter shall supplement and be in addition to any criminal, civil or
other remedy established by law or under the provisions of this Code which may be pursued to
address any violation addressed in this Chapter. Use of the enforcement procedures set forth in this
Chapter shall be at the sole discretion of the city. (Ord. 379 § 1 (part), 2002)
1.09.010 Definitions.
For the purpose of this Chapter:
A. The term "responsible person" means any natural person, the parent or the legal guardian of any
natural person under the age of eighteen years, any corporation, association, organization, estate,
group, combination acting as a group, or any officer, agent, employee, or servant of any of the
foregoing, that cause or maintain a violation(s) of the La Quinta Municipal Code, any code adopted
by the city council, applicable state laws or condition imposed by any entitlement, permit,
agreement or environmental document issued or approved under the provisions of this Code or
any adopted code.
B. The term "Enforcement Officer" means any individual employed, contracted or otherwise charged
by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws
adopted by the city.
C. The term "issued" shall have the same meaning as that set forth in Section 1.01.300 of this Code.
1.09.020 Authority and fines.
A. Any person or entity violating any provision of the La Quinta Municipal Code or applicable state
law may be issued one or more administrative citations by an enforcement officer as provided in
this Chapter. A violation of this Code includes, but is not limited to, all violations of the Municipal
Code or other codes adopted by the city council, or failure to comply with any condition imposed
by any entitlement, permit, agreement or environmental document issued or approved under the
provisions of this Code or any adopted code.
B. Each and every day a violation of the Municipal Code or applicable state law exists constitutes a
separate and distinct offense and shall be subject to citation.
C. A civil fine shall be assessed by means of an administrative citation issued by an enforcement
officer and shall be payable as instructed on the administrative citation.
D. Fines shall be assessed in the amounts specified by ordinance of the city council, and shall not
exceed the following:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance or
permit within one year from the date of the first violation; and
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3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance
or permit within one year from the date of the first violation. (Ord. 379 § 1 (part), 2002)
1.09.030 Failure to pay fines.
The failure of any person or entity to pay the civil fines assessed by an administrative citation may
result with the city pursuing any and all legal remedies to collect the civil fines. The city may also
move to recover its collections costs according to proof. (Ord. 379 § 1 (part), 2002)
1.09.040 Contents of notice.
Each administrative citation shall contain the following information:
1. Date and approximate time of the violation(s);
2. Address or definite description of the location where the violation(s) was observed;
3. Name and current residential address and mailing address, if known, of person or entity alleged to
have committed the violation(s);
4. The Code Section(s) or condition(s) violated and a brief description of the violation(s);
5. The amount of the fine for the violation(s);
6. An explanation of how the fine shall be paid and the time period by which it shall be paid;
7. Identification of appeal rights, including the time within which the administrative citation may be
contested and how to obtain a request for hearing form to contest the citation; and
8. The name and signature of the enforcement officer and, if possible, the signature of the
responsible person. (Ord. 379 § 1 (part), 2002)
1.09.050 Satisfaction of administrative citation.
Upon receipt of a citation, the responsible person must pay the fine within fifteen calendar days from
the date the administrative citation is issued. Responsible persons shall pay all fines assessed as
instructed on the administrative citation. Payment of a fine shall not excuse or discharge the failure to
correct the violation(s) nor shall it bar further enforcement action by the city. If the responsible
person fails to correct the violation(s) subsequent to the administrative citation, the city may issue
further citations for the same violation(s) or the city may choose to utilize another means of
enforcement. The amount of the fine for failure to correct the violation(s) for each additional
occurrence shall increase at a rate specified in this Chapter or by ordinance. (Ord. 379 § 1 (part), 2002)
1.09.060 Appeal of administrative citation.
Any recipient of an administrative citation may contest that there was a violation(s) of the La Quinta
Municipal Code or that he or she is the responsible person by completing a request for hearing form
and returning it to the address stated on the form within twenty-one calendar days from the issue
date of the administrative citation, together with an advanced deposit of the full amount of the fine.
Any administrative citation fine which has been deposited shall be refunded if it is determined, after a
hearing, that the person or entity charged in the administrative citation was not responsible for the
violation(s) or that there was no violation(s) as charged in the administrative citation. (Ord. 469 § 1,
2009; Ord. 379 § 1 (part), 2002)
1.09.070 Hearing officer.
A. The director of the department of the city who is overseeing the matter which is the subject of the
administrative citation shall appoint a person or contract an agency to provide a person who shall
preside at the hearing and hear all facts and testimony presented and deemed appropriate.
("hearing officer").
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B. The employment, performance, evaluation, compensation, and benefits of the hearing officer, if
any, shall not be directly or indirectly conditioned on or in any way related to the results or prior
decisions issued by said hearing officer.
C. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice,
interest or for any other reason for which a judge may be disqualified pursuant to Code of Civil
Procedure Section 170.1. The responsible person may challenge the hearing officer's impartiality
by filing a statement, with the city clerk, objecting to the hearing officer and setting forth grounds
for disqualification. The question of disqualification shall be heard and determined in writing by
the city manager within ten calendar days following the date which the disqualification statement
is filed. (Ord. 379 § 1 (part), 2002)
1.09.080 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be held unless both
a request for hearing form has been completed and submitted and the fine for the citation has
been deposited in advance. Any deposit shall be held in a separate account, in trust, pending final
resolution of the hearing.
B. A hearing before the hearing officer shall be set for a date that is not less than fifteen calendar
days but no more than ninety calendar days from the date that the request for hearing is filed in
accordance with the provisions of this Chapter. The responsible person requesting the hearing
shall be notified of the time and place set for the hearing at least ten calendar days prior to the
date of the hearing.
C. The hearing officer shall only consider evidence that is relevant to whether the violation(s)
occurred and whether the recipient of the administrative citation has caused or maintained the
violation(s) of the Municipal Code or other applicable state law on the date(s) specified on the
administrative citation.
D. The administrative citation and any additional documents submitted by an enforcement officer
shall constitute prima facie evidence of the facts contained in those documents.
E. If the enforcement officer submits an additional written report concerning the administrative
citation to the hearing officer for consideration at the hearing, then a copy of this report shall also
be served by mail on the responsible person requesting the hearing at least ten calendar days
prior to the hearing date.
F. At least ten calendar days prior to the hearing, the recipient of an administrative citation shall be
provided with copies of the citations, reports, and other documents submitted or relied upon by
the enforcement officer. Personal information regarding a reporting party, if any, shall not be
disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and
discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded
at the hearing officer's discretion.
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TITLE 2 ADMINISTRATION AND PERSONNEL
CHAPTER 2.40 — CONSTRUCTION BOARD OF APPEALS
2.40.010 General rules regarding the construction board of appeals.
Except as set out below, see Chapter 2.06 for general provisions. (Ord. 516 § 9, 2013)
2.40.020 Purpose.
The purpose of the construction board of appeals ("CBA") shall be to conduct hearings to afford
appellants the opportunity to present evidence on his/her behalf in an effort to reverse or amend an
administrative decision of a city official related to any matter within the purview of Title 8 of this
Code. The right to appeal shall apply only when the objection involves the exercise of administrative
discretion or personal judgment exercised by the city official pursuant to any of the provisions of Title
8 of this Code. No right of appeal shall exist when the decision of the city official is ministerial and
thus does not involve the exercise of administrative discretion or personal judgment.
2.40.030 Number of members.
The CBA shall consist of five members appointed by, and serving at the will of the city council. (Ord.
516 § 9, 2013)
2.40.040 Qualifications of members.
A. The CBA shall be comprised of the following professional positions that shall be qualified by
experience and training:
1. One general contractor;
2. Two registered professional engineers or architects;
3. One specialty contractor.
B. The fifth CBA member shall be a member of the public who is not one of the foregoing. (Ord. 516 §
9, 2013)
2.40.050 Powers and duties.
A. Any person aggrieved by an administrative decision of an official of the city related to any matter
within the purview of Title 8 of this Code, shall have the right to appeal the decision to the CBA,
provided the official's decision was not ministerial.
B. The appeal shall be filed with the city clerk within ten days after the rendering of the decision
affecting the aggrieved person. Grounds for the appeal shall be set forth in writing.
C. The secretary of the CBA, assigned pursuant to Section 2.06.100, shall set the time and place for a
hearing on the appeal, and notice of the hearing shall be given to the appellant in accordance with
Section 1.01.300 of this Code.
D. The decision of the CBA shall not become final until ten days after the CBA has made its
determination in order to allow time for an appeal of the CBA's decision to be made to the city
council. Any appeal to the city council shall follow procedures set forth in Sections 2.04.100 through
2.04.130 of this Code. (Ord. 524 § 8, 2015; Ord. 516 § 9, 2013)
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G. The hearing officer may continue the hearing and request additional information from the
enforcement officer or the recipient of the administrative citation prior to issuing a written
decision.
H. The failure of a recipient of an administrative citation to appear at the administrative citation
hearing shall constitute forfeiture of the fine and a failure to exhaust administrative remedies.
(Ord. 379 § 1 (part), 2002)
1.09.090 Administrative order.
A. Within ten working days of the hearings conclusion, the hearing officer shall issue the responsible
person with a notice of decision and decision in writing ("administrative order") in accordance
with Section 1.01.300 of this Code.
B. The administrative order shall contain the hearing officer's findings of fact and conclusions, and a
statement regarding the procedure described in Section 1.09.100 if this Code for seeking judicial
review. The decision of the hearing officer shall be final except as provided for in Section 1.09.100
of this Code.
C. If the hearing officer renders a decision in favor of the responsible person, the administrative
order shall constitute a dismissal of the municipal ordinance violation(s) and the city shall return
any monies paid by the responsible person towards the dismissed administrative citation.
D. If the hearing officer renders a decision in favor of the city, the responsible person must comply
with the administrative order, or seek judicial review of the administrative order pursuant to
Section 1.09.100 of this Code. (Ord. 379 § 1 (part), 2002)
1.09.100 Right to judicial review.
Any person or entity aggrieved by an administrative order of a hearing officer on an administrative
citation may obtain review of the administrative order by filing a petition seeking review with the
Superior Courts of California, county of Riverside in accordance with the statutes of limitations and
provisions set forth in California Government Code Section 53069.4, a copy of which the city will
provide with any administrative order issued in favor of the city.
1.09.110 Notices.
A. The administrative citation and all notices to be given by this Chapter shall be served on the
responsible person in accordance with the provisions of Section 1.01.300 of this Code.
B. Failure to receive any notice specified in this Chapter shall not affect the validity of any proceeding
conducted hereunder. (Ord. 379 § 1 (part), 2002)
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TITLE 5 BUSINESS REGULATIONS
CHAPTER 5.11 VIDEO FRANCHISE FEES, CUSTOMER SERVICE AND OTHER VIDEO -RELATED MATTERS
5.11.010 Regulation of state video franchises and city video franchises.
Under state law effective January 1, 2007, the California Public Utilities Commission ("PUC") will have
the authority to grant state video franchises ("state franchises"). The city of La Quinta (the "city") will
acquire certain rights and responsibilities with respect to state video franchise holders. These include
the receipt of a franchise fee and a fee for public, educational and government ("PEG") purposes, both
based on a percentage of the gross revenues of state franchise holders, as well as the establishment
and enforcement of penalties for violations of customer service rules. (Ord. 436 § 1, 2007)
5.11.020 State video franchise fees.
A. Any state video franchise holder ("state franchisee") operating within the boundaries of the city of
La Quinta shall pay a fee to the city equal to five percent of the gross revenue of that state franchisee.
B. Any state franchisee operating within the boundaries of the city of La Quinta shall pay an
additional fee to the city equal to one percent of the gross revenue of that state franchisee, which fee
shall be used by the city for PEG purposes consistent with state and federal law.
C. Gross revenue, for the purposes of Subsections (A) and (B) of this Section, shall have the definition
set forth in California Public Utilities Code Section 5860. (Ord. 436 § 1, 2007)
5.11.030 Audit authority.
Not more than once annually, the city may examine and perform an audit of the business records of a
state franchisee to ensure compliance with Section 5.11.020. (Ord. 436 § 1, 2007)
5.11.040 Customer service penalties under state franchises.
A. The holder of a state franchise shall comply with all applicable state and federal customer service
and protection standards pertaining to the provision of video service.
B. The city manager, or his or her designee, shall monitor the compliance of state franchisee(s) with
respect to state and federal customer service and protection standards. The city manager, or his or
her designee, shall provide the state franchisee(s) written notice of any material breaches of
applicable customer service standards, and shall allow the state franchisee(s) thirty days from the
receipt of the notice to remedy the specified material breach. Material breaches not remedied within
the thirty -day time period shall be subject to the following penalties by the city manager, or his or her
designee.
1. For the first occurrence of a violation, a fine of five hundred dollars shall be imposed for each
day the violation remains in effect, not to exceed one thousand five hundred dollars for each violation.
2. For a second violation of the same nature within twelve months, a fine of one thousand dollars
shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars for
each violation.
C. A state franchisee may appeal a penalty assessed to the city council within sixty days. With the
exception of the sixty day (60) time limit to file the appeal to the city council, the appeal process shall
be in accordance with Chapter 2.04 of this Code. The city council's decision on the imposition of a
penalty shall be final. (Ord. 436 § 1, 2007)
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5.11.050 City response to state franchise applications.
A. Applicants for state franchises within the boundaries of the city of La Quinta must concurrently
provide complete copies to the city of any application or amendments to applications filed with the
PUC. One complete copy must be provided to the city clerk, and one complete copy to the city
manager.
B. The city manager shall provide any appropriate comments to the PUC regarding an application or
an amendment to an application for a state franchise. (Ord. 436 § 1, 2007)
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TITLE 8 BUILDING AND CONSTRUCTION
CHAPTER 8.09 HOUSING CODE
8.09.010 Adoption of the Uniform Housing Code.
Certain documents marked and designated as the Uniform Housing Code, 1997 Edition, published by
the International Conference of Building Officials, are adopted for regulating the use and occupancy,
location and maintenance of residential buildings and structures. Each and all of the regulations,
provisions, conditions and terms of such Uniform Housing Code, 1997 Edition, published by the
International Conference of Building Officials, on file in the building and safety department, are
referred to and made a part of this Code as if fully set out in this Chapter, except as otherwise
provided in this Chapter. (Ord. 330 Exh. A(29), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 §
1, 1987; Ord. 68 § 1, 1985)
8.09.020 Deletion of certain parts of the Uniform Housing Code.
The following portions of the Uniform Housing Code, 1997 Edition, are deleted: Section 203 (Housing
Advisory and Appeals Board). (Ord. 330 Exh. A(30), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord.
114 § 1, 1987; Ord. 68 § 1, 1985)
8.09.030 References to Building Code.
References made in Chapters 1, 2 and 3 of the Uniform Housing Code, 1997 Edition, to various
administrative Sections and Chapters of the Building Code shall mean the corresponding Sections and
Chapters of this title. (Ord. 330 Exh. A(31), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1,
1987; Ord. 68 § 1, 1985)
8.09.040 Appeals board.
In order to provide for interpretation of the provisions of this Chapter and to hear appeals provided
for under this Chapter other than those covered by Chapter 2.40, a board of appeals is established.
References to the Housing Advisory and Appeals Board in the Uniform Housing Code shall mean the
board of appeals established pursuant to this Section.
A. Membership. The board of appeals shall consist of the members of the city council.
B. Appeal Procedure. Procedures specified by Chapter 2.04 (Appeals to Council) shall be followed
except where additional procedures are required by this Chapter. The findings of the board created
by this Section shall be final. (Ord. 483 § 2, 2010; Ord. 114 § 2, 1987; Ord. 68 § 1, 1985)
8.09.050 Time limits for appeals.
The following portions of the Uniform Housing Code, 1997 Edition, are modified as specified:
A. Section 1101.2.5 is amended to change the appeal time from 30 days to 10 days.
B. The last paragraph of Section 1201.1 is amended to read as follows:
The appeal shall be filed in accordance with Chapter 2.04 of this Code.
(Ord. 330 Exh. A(32), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1,
1985)
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TITLE 8 BUILDINGS AND CONSTRUCTION
CHAPTER 8.10 DANGEROUS BUILDINGS CODE
8.10.010 Adoption of the Uniform Code for the Abatement of Dangerous Buildings.
Certain documents marked and designated as the "Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition," published by the International Conference of Building Officials, are adopted
for regulating the repair, vacation or demolition of buildings or structures which may endanger the
life, limb, health, morals, property, safety or welfare of the general public or their occupants. Each and
all of the regulations, provisions, conditions and terms of such "Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition," published by the International Conference of Building Officials, on
file in the building and safety department, are referred to and made a part of this Code as if fully set
out in this Chapter. (Ord. 330 Exh. A(33), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1,
1987; Ord. 68 § 1, 1985)
8.10.020 Deletion of certain parts of the Uniform Code for the Abatement of Dangerous Buildings.
The following portions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
are deleted: Section 205 (Appeals Board). (Ord. 330 Exh. A(34), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1,
1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985)
8.10.030 References to Building Code.
References made in Chapters 1 and 2 of the Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, to various administrative Sections and Chapters of the Building Code shall mean the
corresponding Sections and Chapters of this title. (Ord. 330 Exh. A(35), 1999; Ord. 276 § 2, 1995; Ord.
150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985)
8.10.040 Appeals board.
In order to provide for interpretation of the provisions of this Chapter and to hear appeals provided
for under this Chapter, the board of appeals established pursuant to Section 8.09.040 shall govern.
Procedures specified by Chapter 2.04 (Appeals to Council) shall be followed except where additional
procedures are required by this Chapter. The findings of the board created by this Section shall be
final. (Ord. 114 § 2, 1987; Ord. 68 § 1, 1985)
8.10.050 Time limit for appeals.
The following portions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
are modified as specified:
A. Section 401.2.5 is amended to change the appeal time from 30 days to 10 days.
B. The last paragraph of Section 501.1 is amended to read as follows:
The appeal shall be filed in written form to the city clerk within 10 days from the date of service of
such notice or action of the Building Official.
(Ord. 330 Exh. A(36), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1,
1985)
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TITLE 8 BUILDINGS AND CONSTRUCTION
CHAPTER 8.11 FLOOD HAZARD REGULATIONS
8.11.060 Variance procedures.
A. Appeal Board.
1. The city council shall hear and decide appeals and requests for variances from the
requirements of this Chapter in accordance with Chapter 2.04 of this Code.
2. The city council shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the floodplain administrator in the enforcement or
administration of this Chapter.
3. In passing upon such applications, the city council shall consider all technical evaluations,
all relevant factors, standards specified in other Sections of this Chapter, and:
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the city;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and
k. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
4. Generally, variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items a—k of Subsection A of this Section
have been fully considered. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
5. Upon consideration of the factors in Subsection (A)(3) of this Section, purposes of this
Section, the city council may attach such conditions to the granting of variances as it deems necessary
to further the purposes of this Chapter.
6. The floodplain administrator shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
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TITLE 8 BUILDINGS AND CONSTRUCTION
CHAPTER 8.12 EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS
8.12.060 Administration.
A. Service of Order. The building official shall issue an order, as provided in Subsection B of this
Section, to the owner of each building within the scope of this Chapter in accordance with the
minimum time periods for service of such orders set forth in Table 8.12-C. The minimum time period
for the service of such orders shall be measured from the effective date of the ordinance codified in
this Chapter. Upon receipt of a written request from the owner, the building official shall order a
building to comply prior to the normal service date for such building set forth in this Section.
B. Contents of Order. The order shall be in writing and shall be served pursuant to Section 1.01.300
of this Code. The order shall specify that the building has been determined by the building official to
be within the scope of this Chapter, and therefore, is required to meet the minimum seismic standards
of this Chapter. The order shall specify the rating classification of the building and shall be
accompanied by a copy of Section 8.12.050 which sets forth the owners alternatives and time limits
for compliance.
C. Appeal from Order. The owner or person in charge or control of the building may appeal to the
construction board of appeals the building official's initial determination that the building is within the
scope of this Chapter. Such appeal shall be filed with the board pursuant to Chapter 2.40 of this Code.
D. Recordation. At the time that the order described in Subsection B of this Section is served, the
building official shall submit to the city clerk for filing with the office of the county recorder a
certificate stating that the subject building is within the scope of this Chapter. The certificate shall
also state that the owner thereof has been ordered to structurally analyze the building and to
structurally alter or demolish it where it is not found to comply with this Chapter.
If the building is found to be within the scope of this Chapter, or as a result of structural alterations or
an analysis is found to be structurally capable of resisting minimum seismic forces required by this
Chapter; or is demolished; the building official shall submit to the city clerk for filing with the office of
the county recorder a certificate terminating the status of the subject building as being classified
within the scope of this Chapter.
E. Enforcement. If the owner or other person in charge or control of the subject building fails to
comply with any order issued by the building official pursuant to this Chapter within any of the time
limits set forth in Section 8.12.050, the building official shall order the entire building vacated and
remain vacated until such order has been complied with. If compliance with such order has not been
accomplished within ninety days after the date the building has been ordered vacated, or by such
additional time as may have been granted by the construction board of appeals, the building official
may order demolition of the building in accordance with the abatement of dangerous buildings
provisions of the Uniform Code for the Abatement of Dangerous Buildings. (Ord. 157 § 1, 1989)
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TITLE 8 BUILDINGS AND CONSTRUCTION
CHAPTER 8.13 WATER EFFICIENT LANDSCAPING
8.13.050 Appeals.
Decisions made by a city administrator may be appealed by an applicant, property owner(s), or
designee(s) of any applicable project to the planning commission in accordance with Section
9.200.110 of this Code. (Ord. 544 § 2, 2016; Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3, 2003;
Ord. 220 § 1, 1993)
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TITLE 8 BUILDINGS AND CONSTRUCTION
CHAPTER 8.70 SURFACE WATER MANAGEMENT AND DISCHARGE CONTROLS
8.70.120 Administrative remedies.
A. Administrative Citation. In addition to all other enforcement mechanisms provided for in this
Chapter, any violation of this Chapter may be enforced through the administrative citation procedure
set forth in Chapter 1.09 of this Code.
B. Notice of Noncompliance. The enforcement officer may deliver to the owner or occupant of any
property, and/or to any person or entity for violating or causing a violation of this Chapter, a notice of
noncompliance. The notice of noncompliance shall be delivered in accordance with Section 1.01.300
of this Code.
1. The notice of noncompliance shall identify the provision(s) of this Chapter that have been
violated. The notice of noncompliance may state that continued noncompliance may result in
additional enforcement actions against the owner, occupant and/or person or entity responsible for
the violation.
2. The notice of noncompliance shall state a compliance date that must be met by the owner,
occupant and/or other responsible person or entity; provided, however, that the compliance date may
not exceed ninety days unless the enforcement officer extends the compliance deadline an additional
reasonable period of time, under the circumstances, where good cause exists for the extension.
C. Administrative Compliance Orders.
1. The enforcement officer may issue an administrative compliance order. The
administrative compliance order shall be delivered in accordance with Section 1.01.300 of this
Codetion. The administrative compliance order may be issued to:
a. The owner or occupant of any property or other responsible person or entity requiring
abatement of conditions on the property that have caused or contributed to, a violation of
this Chapter or an imminent threat of an illicit discharge;
b. Any person or entity responsible for an illicit connection;
c. The owner of property subject to the terms, conditions or requirements imposed on a
project in accordance with Sections 8.70.070 and 8.70.080, so as to ensure adherence to those
terms, conditions and requirements.
2. The administrative compliance order may include the following terms and requirements:
a. Specific steps and time schedules for compliance as reasonably necessary to address
the violation or to prevent the imminent threat of an illicit discharge, including, but not
limited to, an illicit discharge from any pond, pit, well, surface impoundment, holding or
storage area;
b. Specific steps and time schedules for compliance as reasonably necessary to
discontinue any illicit connection;
c. Specific requirements for containment, cleanup, removal, storage, installation of
overhead covering, or proper disposal of any pollutant having been discharged to or having
the reasonable potential to be discharged to the MS4;
d. Any other terms or requirements reasonably calculated to prevent the imminent
threat of or continuing violations of this Chapter, including, but not limited to, requirements
for compliance with best management practices guidance documents promulgated by any
federal, state of California or regional agency;
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e. Any other terms or requirements reasonably calculated as being needed to achieve full
compliance with the terms, conditions and requirements of this Chapter.
D. Cease and Desist Orders.
1. The enforcement officer may issue a cease and desist order. A cease and desist order shall
be delivered in accordance with Section 1.01.300 of this Code. A cease and desist order may direct the
owner or occupant of any property and/or any other person or entity responsible for a violation of this
Chapter to:
a. Immediately discontinue any illicit connection or illicit discharge to the MS4;
b. Immediately contain or divert any flow of runoff, where the flow is occurring in
violation of any provision of this Chapter;
c. Immediately discontinue any other violation of this Chapter;
d. Immediately clean up all areas affected by the violation;
e. Cease and desist with any or all continued work on a project (i.e., a stop work
order) until such time as appropriate BMPs are implemented, the illicit discharge or
connection is eliminated, or other appropriate actions are taken to ensure compliance with
this Chapter.
2. The enforcement officer may direct by cease and desist order that: (a) the owner of any
property which property is subject to any conditions or requirements issued pursuant to Sections
8.70.070 and 8.70.080; or (b) any occupant of any property or any other person or entity responsible
for a violation of this Chapter: immediately cease any activity not in compliance with the conditions or
requirements issued pursuant to Sections 8.70.070 or 8.70.080, or with the terms, conditions and/or
requirements of any applicable permit involving operations on the property, including, but not limited
to, any applicable NPDES permit.
3. No cease and desist order is to be stayed, tolled or otherwise put on hold as a result of any
administrative or other legal challenge to its terms. A cease and desist order is only to be stayed,
tolled or put on hold where required as a result of the administrative review process or by a court of
competent jurisdiction.
4. Notwithstanding anything in this Chapter to the contrary, the city may take all action
necessary to inspect, investigate, assess, remedy, treat, monitor or otherwise abate any discharge or
threat of a discharge of a pollutant on or into any public property, including all publicly owned
portions of the MS4. All costs and fees incurred by the city or any other responsible governmental
agency and/or contractor of the city in this regard may be included within an invoice for costs and
recovered against the responsible party or parties in accordance with provisions of this Chapter.
E. Recovery of Costs. The enforcement officer may deliver to the owner and/or occupant of any
property, and/or any other responsible person or entity who becomes subject to a notice of
noncompliance, an administrative compliance order, a cease and desist order, or an invoice for costs.
An invoice for costs shall be delivered in accordance with Section 1.01.300 of this Code. An invoice for
costs shall be immediately due and payable to the city for the actual costs incurred by the city in
issuing and enforcing any such notice or order, including any costs incurred by the city to prevent,
contain and/or cleanup any threatened or actual discharges to the MS4. If any owner or occupant or
any other responsible person or entity subject to an invoice for costs fails to either pay the invoice for
costs or successfully appeal the invoice for costs then the enforcing attorney may institute collection
proceedings.
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F. Delivery of Notice. Except where the nuisance abatement procedure under Section 8.70.130 is
being followed, all administrative citations, notices of noncompliance, administrative compliance
orders, cease and desist orders, or invoices for costs, and all other enforcement orders for violations
of this Chapter shall be subject to the service procedures provided for in Section 1.01.300 of this Code.
G. Administrative Hearing. Except as set forth in Subsection H or where the nuisance abatement
procedure under Section 8.70.130 is being followed, all administrative citations, notices of
noncompliance, administrative compliance orders, and invoices for costs issued under this Chapter
shall be subject to the administrative hearing procedures set forth in Chapter 1.09 of this Code.
Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal
proceedings initiated to enforce this Chapter.
H. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. An
administrative hearing on the issuance of a cease and desist order or following an emergency
abatement action shall be held within five business days following the issuance of the order or the
action of abatement, unless the hearing (or the time requirement for the hearing) is waived in writing
by the party subject to the cease and desist order or the emergency abatement. A request for an
administrative hearing shall not be required from the person subject to the cease and desist order or
the emergency abatement action. The hearing proceeding, decision and appeal requirements of
Chapter 1.09 of this Code shall otherwise apply.
I. City Abatement. In the event the owner of property, the operator of a facility, or any other
responsible person or entity fails to comply with any provision of a compliance schedule issued
pursuant to this Chapter, the enforcement officer may request the enforcing attorney to obtain an
abatement warrant or other appropriate judicial authorization to enter the property, abate the
condition and restore the area. Any costs incurred by the city in obtaining and carrying out an
abatement warrant or other judicial authorization may be recovered pursuant to Subsection E. (Ord.
493 § 1, 2011)
8.70.140 Criminal sanctions.
A. Prosecutor. The enforcing attorney may act on the request of the city manager to pursue
enforcement actions in accordance with the provisions of this Chapter.
B. Infractions. Any person who may otherwise be charged with a misdemeanor under this Chapter
may be charged, at the discretion of the enforcing attorney, with an infraction punishable in
accordance with Section 1.01.230 of this Code.
C. Misdemeanors. Any person or entity who negligently or knowingly violates any provision of this
Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this Chapter
after notice thereof, or violates the terms, conditions and requirements of any permit or approval
issued pursuant to this Chapter, shall be guilty of a misdemeanor punishable in accordance with
Section 1.01.230 of this Code.
D. Damages. The enforcing attorney may petition the court for any of the following damages:
1. The recovery of all fees and costs incurred and/or to be incurred in the enforcement of this
Chapter, including, but not limited to, all costs relating to any investigation, sampling, testing,
monitoring, assessing, inspection, removing, treating, cleanup, and including all administrative
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expenses, legal fees and costs, and all other expenses as authorized by law, as well as damages to
public property and consequential damages;
2. All costs incurred in investigating, sampling, testing, monitoring, assessing, removing,
treating, cleaning up and/or mitigating in any way harm to the environment or public property, or to
reduce the threat to human health or the environment;
3. Damages for harm to the environment or public property; and
4. Restitution and injunctive, declaratory and such other equitable relief as may be allowed
by law. (Ord. 493 § 1, 2011)
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TITLE 9 ZONING
CHAPTER 9.100 SUPPLEMENTAL NONRESIDENTIAL REGULATIONS
9.100.150 Outdoor lighting.
A. Purpose. This Section is intended to provide standards for outdoor lighting which allow
adequate energy efficient lighting for public safety while minimizing adverse effects of
lighting, such as lighting which:
1. Has a detrimental effect on astronomical observations; and/or
2. Inefficiently utilizes scarce electrical energy; and/or
3. Creates a public nuisance or safety hazard.
B. Applicability. All outdoor artificial illuminating devices shall be installed and operated in
conformance with the provisions of this Section, plus any Uniform Building Codes presently or
subsequently administered or adopted by the city. Any language contained therein which may
conflict with this Section shall be construed as consistent with this Section.
C. Parking Lot Lighting. Parking lot lighting shall conform to this Section and to Section
9.150.080 (Parking facility design standards).
D. Alternate Materials and Methods of Installation. The provisions of this Section are not
intended to prevent the use of any material or method of installation not specifically
prescribed by this Section provided any such alternate has been approved. The building
official may approve any such alternate provided that findings can be made that the proposed
design, material or method:
1. Provides approximate equivalence to those specific requirements of this Section; or
2. Is otherwise satisfactory and complies with the intent of this Section.
E. Definitions. See Chapter 9.280.
F. General Requirements.
1. Shielding. All exterior illuminating devices, except those exempt from this Section and
those regulated by Subsection G of this Section shall be fully or partially shielded as
required in the table contained in this Subsection.
a. "Fully shielded" means the fixture shall be shielded in such a manner that light rays
emitted by the fixture, either directly from the lamp or indirectly from the fixture, are
projected below a horizontal plane running through the lowest point on the fixture
where light is emitted, thus preventing the emission of light above the horizontal.
b. "Partially shielded" means the fixture shall be shielded in such a manner that the
bottom edge of the shield is below the plane centerline of the Tight source (lamp),
minimizing the emission of light rays above the horizontal.
2. Filtration. Those outdoor light fixtures requiring a filter per the table following shall be
equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass
does not meet this requirement.
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3. Height. Building -mounted lights shall be installed below the eave line or below the top
of wall if there are no eaves. Pole or fence -mounted decorative and landscape lights shall
be located no more than eight feet above grade.
4. All exterior lighting shall be located and directed so as not to shine directly on adjacent
properties.
5. Requirements for Shielding and Filtering. The requirements for shielding and filtering
light emissions from outdoor light fixtures shall be as set forth in the following table.
Table 9-7 Requirements for Shielding and Filtering of Outdoor Lighting
IFixture Lamp Type
Shielding Requirement
Filtering Requirement
Low pressure sodium2
Partially
None
High pressure sodium
Fully
None
Metal halide3
Fully
Yes
Fluorescent
Fully4
Yes5
Quartz6
Fully
None
Incandescent, greater than 160 watts
Fully
None
Incandescent, 160 watts or less
None
None
Mercury vapor
Fully'
Yes7
Fossil Fuel
None
None
Glass tubes filled with neon, argon or krypton
None
None
Other sources
As required by the building
official
Notes:
1
Most glass, acrylic or translucent enclosures satisfy these filter requirements. Quartz glass
does not meet this requirement.
2 This is the preferred Tight source to minimize undesirable light into the night sky affecting
astronomical observations.
3 Metal halide display lighting shall not be used for security lighting after eleven p.m. (or
after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be
in enclosed luminaries.
4 Outdoor advertising signs of the type constructed of translucent materials and wholly
illuminated from within do not require shielding.
5 Warm white and natural lamps are preferred to minimize detrimental effects.
6 For the purposes of this Section, quartz lamps shall not be considered an incandescent
light source.
7 Recommended for existing mercury vapor fixtures. The installation of new mercury vapor
fixtures is prohibited.
G. Prohibited Lighting.
1. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of
any building, landscaping, signing, or other purpose is prohibited except with
incandescent fixtures less than one hundred sixty watts, fossil fuels, and/or glass tubes
(see table in Subsection F of this Section).
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2. New Mercury Vapor Installations. The installation of mercury vapor fixtures is
prohibited. All existing mercury vapor lights installed shall be fully shielded.
H. Procedures for Compliance.
1. Applications.
a. Any individual intending to install outdoor lighting fixtures (other than
incandescent of one hundred sixty watts or less) shall submit an application to the city
providing evidence that the proposed work will comply with this Section.
b. Any individual applying for a building permit and intending to install outdoor
lighting fixtures (other than incandescent of one hundred sixty watts or less) shall as a
part of the application submit such evidence as may be requested that the proposed
work will comply with this Section.
c. Utility companies, lighting or improvement districts entering into a duly approved
contract with the city in which they agree to comply with the provisions of this Section
shall be exempt from applying for and obtaining a permit for the installation of
outdoor light fixtures, including residential security lighting.
2. Contents of Application. The application shall contain, but shall not necessarily be
limited to the following, all or part of which may be part of or in addition to the
information required elsewhere in the city regulations for the required permit:
a. Plans indicating the location on the premises and the type of illuminating devices,
fixtures, lamps, height, supports, and other devices.
b. Description of the illuminating devices, fixtures, lamps, supports, shielding,
filtering and other devices. This description may include but is not limited to, wattage,
lighting output, manufacturers catalog cuts, and drawings (including Sections where
required).
c. The above required plans and descriptions shall be sufficiently complete to enable
the building official to readily determine whether compliance with the requirements
of this Section will be secured. If such plans and descriptions cannot enable this ready
determination, by reason of the nature or configuration of the devices, fixtures or
lamps proposed, the applicant shall submit evidence of compliance by certified test
reports as performed by a recognized testing lab.
3. Issuance of a Permit. Upon the determination that the installation will be in
compliance with the requirements of this Section, the building official shall issue a permit
for installation of the outdoor lighting fixtures, to be installed per the approved
application.
4. Appeals. Appeal procedures shall be in accordance with Section 9.200.110 of this
Code.
5. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures
or lamps after a permit has been issued, the applicant must submit all changes to the
building official for approval, with adequate information to assure compliance with this
Section.
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I. Exemptions.
1. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally
installed, prior to the effective date of Ordinance 148 (the original ordinance adopting
these outdoor lighting regulations) may remain in use as nonconforming structures
indefinitely provided, however, that no change in use, replacement, structural alteration,
and (after abandonment) no restorations of outdoor light fixtures other than bulb
replacement shall be made unless it thereafter conforms to the provisions of these
regulations.
2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly
by the combustion of natural gas or other utility type fossil fuels) are exempt from the
requirements of this Section.
3. Government Facilities. Those facilities and lands owned and operated or protected by
the federal government, the state of California, the county of Riverside, or the city of La
Quinta are exempted by law from all requirements of this Section. Voluntary compliance
with the intent of this Section at those facilities is encouraged.
4. Recreational Facilities. The illumination of outdoor recreational facilities, public and
private, is exempt from the requirements of this Section with the following limitations:
a. The light fixtures for outdoor recreational facilities shall meet the shielding
requirements in the table in Subsection F of this Section.
b. No such outdoor recreational facility shall be illuminated by nonconforming means
after ten p.m. except to conclude a specific recreational or sporting event or any other
activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in
progress prior to ten p.m.
J. Temporary Exemptions.
1. Request for Temporary Exemptions. Any individual may submit application for a minor
use permit, on a form prepared by the planning division, to the building official for a
temporary exemption to the requirements of this Section. Such exemptions shall be valid
for thirty days. The request for temporary exemption shall contain, at a minimum, the
following information:
a. Specific exemptions and justification for exemptions requested;
b. Type, use and hours of operation of exterior light involved;
c. Duration of time for requested exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of lamp or lamps;
f. Proposed location and heights of exterior light;
g. Physical size of exterior lights and type of shielding and/or filtering provided;
h. Previous temporary exemptions, if any.
2. Special Exemption. The building official may grant a special exemption to the
requirements of the table in Subsection F of this Section only by approval of minor use
permit which includes a written finding that there are extreme geographic or geometric
conditions warranting the exemption and that there are no conforming fixtures that will
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otherwise suffice. The request for a special exemption shall contain, at a minimum, the
information specified in items a through g of Subsection (J)(1) of this Section.
3. Additional Information. In addition to the information required in Subsection (J)(1) of
this Section, the building official may request any additional information which would
enable the building official to make a reasonable evaluation of the request for temporary
exemption.
4. Appeal for Temporary Exemption. The building official, within five days from the date
of the properly completed request for temporary exemption, shall approve or reject in
writing the request. If rejected, the individual making the request shall have the right to
appeal to the planning commission for review pursuant to the procedures set forth in
Section 9.200.110 of this Code.
5. Extension of Temporary Exemption. Any individual requesting a temporary exemption
for a period greater than thirty days, or an extension beyond the original thirty -day period
for a temporary exemption shall apply for a minor use permit to the planning commission
and city council. The conditional use permit application shall contain (in addition to other
use permit requirements) the information specified in Subsections (F)(1) through (F)(3) of
this Section.
K. Public Nuisance. Any light fixture installed after the effective date of the ordinance
codified in this Zoning Code which violates the provisions of this Section constitutes a public
nuisance and shall be abated.
L. Premises Identification.
1. Street numbers or addresses assigned by the city or the county shall be provided for
all new buildings in such a position as to be plainly visible and legible from the street or
road fronting the property.
2. All dwelling units shall have a wall -mounted internally or externally illuminated
address sign displayed in a prominent location. The illumination source for the address
sign shall be controlled by a photocell sensor or a timer. As an option, the address sign
may be attached to a single -residence mail box pedestal with the same illumination
source as stated above. If this option is chosen, both sides of the mailbox shall have said
address numbers displayed.
M. Display Lighting Use. With the approval of a minor use permit, searchlights and laser lights
may be used. Display lighting is defined as a beam of light projected into the sky. This type of
lighting shall comply with the following requirements:
1. Permits shall be issued for grand openings only. A grand opening shall commemorate
an initial building or project opening, a change in ownership of an existing business, or
remodel/enlargement of over fifty percent of the floor area or a new business in an
existing building.
2. The only uses allowed to apply for this permit are: shopping centers with not less than
fifty thousand square feet of least area, hotel with fifty plus rooms, or part of an automall.
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3. The application for a permit must be received two weeks prior to the event
commencing.
4. Hours of operation should be limited from dusk to ten p.m.
5. Use of the display light(s) is limited to a maximum period of six days per calendar year.
6. Section 5.64.060 of the Municipal Code, regarding use of searchlights, shall be
complied with.
7. Use of display lights may be in conjunction with an entertainment event or similar
activity.
8. FAA approval shall be obtained prior to each event, if required. (Ord. 550 § 1, 2016)
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TITLE 9 ZONING
Chapter 9.160 SIGNS
9.160.060 Permitted temporary signs.
A. Definition. See Chapter 9.280.
B. Maximum Time Periods. No temporary sign shall be posted for more than forty-five consecutive
days nor shall such temporary sign or sign displaying similar messages regarding the same event, if
any, which is the subject of such temporary sign be reposted upon the same site, or any site which is
visible from the original site, within ninety days of the removal of the original temporary sign. In
addition, all temporary signs shall be removed within seven days after the occurrence of the event, if
any, which is the subject of the temporary sign.
C. Maximum Sign Area. Except where an approval is obtained under Subsection F of this Section,
temporary signs placed on public property may not exceed six square feet in area and temporary signs
placed on private property may not exceed twelve square feet in area. The aggregate area of all
temporary signs maintained on any private property parcel of real property in one ownership may not
exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as
defined in Section 9.160.030.
D. Maximum Height. Freestanding temporary signs which are placed on public or private property
shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private
multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second
floor of such buildings, whichever is Tess, and temporary signs which are posted, attached or affixed to
private single -floor buildings shall not be higher than the eave line or top of wall of the building. All
heights shall be measured to the highest point of the surface of the sign.
E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed one
hundred.
F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mailboxes,
utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs,
tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking
fountains, life buoys, life preservers, lifesaving equipment, street signs and traffic signs or signals.
Temporary signs shall not be located closer than five feet from the edge of the paved area of any
public road or street and shall not be posted within any median located in a public road or street.
Temporary signs shall be placed no less than two hundred feet apart from identical or substantially
similar temporary signs placed within the city limits. Temporary signs shall not be posted in a manner
which obstructs the visibility of traffic or street signs or signals or emergency equipment.
G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes
to post one or more temporary signs on public property and/or four or more temporary signs on
private property shall make application to the planning division for a sign permit. To insure sign
removal upon expiration of the permitted posting time, a deposit as established by city council
resolution shall be paid in conjunction with the issuance of the sign permit. Upon the successful
removal of all temporary signs, up to one hundred percent of the deposit shall be refunded to the
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applicant. However, violations of the temporary sign provisions may result in up to fifty percent of said
deposit being retained by the city.
1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit
to the planning division a statement of responsibility certifying a natural person who will be
responsible for removing each temporary sign for which a permit is issued by the date removal is
required, and who will reimburse the city for any costs incurred by the city in removing each such
sign which violates the provisions of this Section.
2. Standards for Approval.
a. Within ten business days of the planning division's receipt of a temporary sign permit
application, the director shall approve or disapprove such application. If the director
disapproves an application, the notice of disapproval shall specify the reasons for disapproval.
The director shall approve or disapprove any permit application for temporary signs based on
character, location and design, including design elements such as materials, letter style,
colors, sign type or shape, and the provisions of this Section.
b. The director's decision with respect to a permit application for a temporary sign may be
appealed to the planning commission.
H. Maintenance and Removal of Temporary Signs.
1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety
and good repair.
2. Removal from Public Property. If the city determines that a temporary sign located on public
property is unsafe or insecure, is a menace to public safety or has been constructed, erected,
relocated or altered in violation of this section, it may be removed summarily. If the sign contains
identification, the owner shall be notified that the sign may be recovered within five days of the
date of notice.
3. Removal from Private Property. If the city finds that a temporary sign located on private
property is unsafe or insecure, is a menace to public safety or has been constructed, erected,
relocated or altered in violation of this Section, the city shall give written notice to the owner of
the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant
to Section 1.01.300 of this Code., that the temporary sign is in violation of this Section, shall
specify the nature of the violation, and shall direct the owner of the temporary sign or responsible
person to remove or alter such temporary sign. If the city cannot determine the owner of the sign
or person responsible therefor, the city shall post such notice on or adjacent to each temporary
sign which is in violation. If the owner of the temporary sign or the person responsible therefor
fails to comply with the notice within five days after such notice is given, the temporary sign shall
be deemed abandoned, and the city may cause such temporary sign to be removed and the cost
thereof shall be payable by the owner or person responsible for the temporary sign to the city.
9.160.070 Permitted semi-permanent signs.
A. Definition. See Chapter 9.280.
B. Maximum Time Periods. No semi-permanent sign shall be posted for more than one year. In
addition, all semi-permanent signs shall be removed within ten days after the occurrence of the event,
if any, which is the subject of the semi-permanent sign. (For example, a semi-permanent sign
advertising the future construction of a facility on the site shall be removed within ten days after the
facility has received a certificate of occupancy, and a model home complex identification sign shall be
removed within ten days after the model homes are completed and sold.) The date of posting and
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permit number shall be permanently and legibly marked on the lower right-hand corner of the face of
the sign.
C. Maximum Sign Area. Semi-permanent signs may not exceed thirty-two square feet in area. The
aggregate area of all semi-permanent signs placed or maintained on any parcel of real property in one
ownership shall not exceed sixty-four square feet. Area shall be calculated on the basis of the entire
sign area, as defined in Section 9.160.030.
D. Maximum Height. Freestanding semi-permanent signs shall not exceed eight feet in height. Semi-
permanent signs which are posted, attached or affixed to multiple -floor buildings shall not be placed
higher than the finish floor line of the second floor of such buildings and such signs posted, attached
or affixed to single -floor buildings shall not be higher than the eaveline or top of wall of the building.
All heights shall be measured to the highest point of the surface of the sign.
E. Maximum Number. In no case shall the number of signs on any parcel exceed ten.
F. Placement Restrictions. Semi-permanent signs may not be posted on public property, as defined in
Section 9.160.130. Semi-permanent signs may not be posted in a manner which obstructs the visibility
of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on
sites approved for semi-permanent signs unless specifically authorized by the semi-permanent sign
permit.
G. Sign Permit Required. Any person, business, campaign organization or other entity who proposes
to post or erect a semi-permanent sign shall make application to the Planning Division for a semi-
permanent sign permit.
1. Statement of Responsibility Required. Each applicant for a semi-permanent sign permit shall
submit to the Planning Division a statement of responsibility certifying a natural person who will
be responsible for removing each semi-permanent sign for which a permit is issued by the date
removal is required, and who will reimburse the city for any costs incurred by the city in removing
each such sign which violates the provisions of this Section.
2. Standards for Approval.
a. Within ten business days of the Planning Division's receipt of a semi-permanent sign
permit application, the director shall approve or disapprove such application. If the director
disapproves an application, the notice of disapproval shall specify the reasons for disapproval.
The director shall approve or disapprove any permit application for semi-permanent signs
based on character, location and design, including design elements such as materials, letter
style, colors, sign type or shape and the provisions of this Section.
b. In any event, no permit application shall be approved which proposes to place in excess of
ten semi-permanent signs on private or public property which will be visible simultaneously
from a single location and orientation within the boundaries of the city.
c. The director's decision with respect to a permit application for a semi-permanent sign may
be appealed to the planning commission.
H. Time Extensions. The applicant may apply for a time extension of up to one year from the date of
expiration. The Director shall approve the application for an extension of time upon finding that the
semi-permanent sign is otherwise in compliance with the requirements of this Section and that the
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time extension is necessary to accomplish the purposes for which the semi-permanent sign has been
posted.
Maintenance and Removal of Semi-permanent Signs.
1. Maintenance. All semi-permanent signs shall be constantly maintained in a state of security,
safety and good repair.
2. Removal. If the city finds that any semi-permanent sign is unsafe or insecure, is a menace to
public safety or has been constructed, erected, relocated or altered in violation of this Section, the
city shall give written notice to the owner of the semi-permanent sign, or the person who has
claimed responsibility for the semi-permanent sign pursuant to Section 1.01.300 of this Code, that
the semi-permanent sign is in violation of this Section, shall specify the nature of the violation, and
shall direct the owner of the semi-permanent sign or responsible person to remove or alter such
semi-permanent sign. If the city cannot determine the owner of the sign or person responsible
therefor, the city shall post such notice on or adjacent to each semi-permanent sign which is in
violation. If the owner of the semi-permanent sign or the person responsible therefor fails to
comply with the notice within five days after such notice is given the semi-permanent sign shall be
deemed abandoned, and the city may cause such semi-permanent sign to be removed and the
cost thereof shall be payable by the owner or person responsible for the semi-permanent sign to
the city. (Ord. 550 § 1, 2016)
9.160.090 Sign permit review.
A. Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the
placing, erecting, moving, reconstructing, altering or displaying any sign on private property within the
city, unless the review procedure is exempt under Section 9.160.020 of this Chapter or other
provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter
and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the
ordinance codified in this Chapter shall not require approval until such time as the sign is moved,
structurally altered, changed or relocated; at which time, the review and approval provisions of this
Chapter shall apply before a sign permit and/or building permit is issued.
B. Submission Materials. The following shall be submitted by the applicant to the planning division at
the time of permit application unless otherwise modified by the director:
1. Completed sign application obtained from the city;
2. Appropriate sign plans with number of copies and exhibits as required in the application;
3. Appropriate fees as established by city council resolution;
4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of
the building or premises upon which the sign is to be erected;
5. Sign plans with the following information:
a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors,
materials, proposed copy and illumination method,
b. Site plan indicating the location of all main and accessory signs existing or proposed for the
site with dimensions, color, material, copy and method of illumination indicated for each,
c. Building elevations with signs depicted (for building -mounted signs).
C. Review Procedures—Standard Sign Application.
1. The standard sign application is used by the planning division to process the following sign
applications using the standards and provisions contained in this Chapter:
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a. Two or less permanent signs;
b. Signs in conformance with a previously approved planned sign program pursuant to
Subsection D of this Section.
2. The director or other authorized staff member shall review standard sign applications and shall
make a determination to either approve, approve with modification or deny the application. The
review shall consider the size, design, colors, character and location of the proposed signs.
3. A standard sign application shall only be approved after a finding that the proposed sign is
consistent with the purpose and intent of this Chapter and the regulations herein.
D. Review Procedures—Planned Sign Programs.
1. Planned Sign Programs. Planned sign program review per the provisions of this Subsection is
required for submissions which: (1) include three or more permanent signs; (2) are in conjunction
with review of a site development permit by the planning commission; or (3) include a request for
a sign adjustment to a sign previously approved under a planned sign program.
2. The director shall make a determination to either approve, approve with modifications, or
deny planned sign program applications in conjunction with its review of the associated
development project.
3. The director, upon completion of its review, may attach appropriate conditions to any sign
program approval. In order to approve a planned sign program, the commission must find that:
a. The sign program is consistent with the purpose and intent of this Chapter;
b. The sign program is in harmony with and visually related to:
i. All signs within the planned sign program, via the incorporation of several
common design elements such as materials, letter style, colors, illumination, sign
type or sign shape.
ii. The buildings they identify. This may be accomplished by utilizing materials,
colors, or design motif included in the building being identified.
iii. Surrounding development. Implementation of the planned sign program will not
adversely affect surrounding land uses or obscure adjacent conforming signs.
4. Modification of signs within a previously approved sign program shall be reviewed by the
director.
E. Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional
numbers of signs, an alternative sign location, an alternative type of signage, new illumination or
additional height may be granted by the director. Applications for sign adjustments shall be submitted
in writing on forms provided by the director. The director shall make one or more of the following
findings in conjunction with approval of a sign adjustment:
1. Additional Area.
a. To overcome a disadvantage as a result of an exceptional setback between the street and
the sign or orientation of the sign location;
b. To achieve an effect which is essentially architectural, sculptural or graphic art;
c. To permit more sign area in a single sign than is allowed, but less than the total sign area
allowed on the site, where a more orderly and concise pattern of signing will result;
d. To allow a sign to be in proper scale with its building or use;
e. To allow a sign compatible with other conforming signs in the vicinity;
f. To establish the allowable amount and location of signing when no street frontage exists
or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow
in proportion to the average width of the lot.
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2. Additional Number. To compensate for inadequate visibility, or to facilitate good design
balance.
3. Alternative Locations.
a. To transfer area from one wall to another wall or to a freestanding sign upon the finding
that such alternative location is necessary to overcome a disadvantage caused by an
unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;
b. To permit the placement of a sign on an access easement to a lot not having street
frontage, at a point where viewable from the adjoining public street. In addition to any other
requirements, the applicant shall submit evidence of the legal right to establish and maintain a
sign within the access easement;
c. Additionally, alternative on-site locations may be granted in order to further the intent and
purposes of this Chapter or where normal placement would conflict with the architectural
design of a structure.
4. Alternative Type of Sign. To facilitate compatibility with the architecture of structure(s) on the
site and improve the overall appearance on the site.
5. Additional Height. To permit additional height to overcome a visibility disadvantage.
F. Disposition of Plans.
1. When revisions to sign plans are required as a condition of approval, the applicant shall submit
the required number of copies of the revised plans to the planning division to be stamped
"Approved." The department will retain copies and a set will be returned to the applicant.
2. After approval is granted, it shall be the responsibility of the applicant to submit all required
applications, plans, bonds, and fees to the building and safety department and the planning
division for issuance of the building permit.
G. Sign Permit Expiration and Time Extensions.
1. Approval of a standard application or planned program application shall expire one year from
its effective date unless the sign has been erected or a different expiration date is stipulated at the
time of approval. Prior to the expiration of the approval, the applicant may apply to the director
for an extension of up to one year from the date of expiration. The director may make minor
modifications or may deny further extensions of the approved sign or signs at the time of
extension if the director finds that there has been a substantial change in circumstances.
2. The expiration date of the sign approval(s) shall automatically be extended to concur with the
expiration date of building permits or other permits relating to the installation of the sign.
3. A sign approval shall expire and become void if the circumstances or facts upon which the
approval was granted changes through some subsequent action by the owner or lessees such that
the sign would not be permitted per this Chapter under the new circumstances.
H. Appeals. Any decision of the director made pursuant to this Chapter may be appealed to the
planning commission in accordance with Section 9.200.110 of this Code . (Ord. 550 § 1, 2016)
9.160.120 Enforcement, sign removal and abatement.
A. Enforcement Responsibility. It shall be the duty of the director or the directors authorized
representative to enforce the provisions of this Chapter.
B. Illegal and Abandoned Signs.
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1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates
applicable provisions of this Chapter shall be deemed illegal. If the director determines a sign to be
illegal, the director may order the property owner and/or sign owner to remove the sign or may
require other actions to ensure compliance with this Chapter. Further, in order to discourage the
erection of signs without a permit, the director may require that such illegally erected signs be
removed prior to review. If the director determines that such removal is not feasible, such illegal
signs shall be subject to a tripled sign permit application fee in conjunction with sign review.
2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which
pertains to any occupant or business unrelated to the premises present occupant or business, or
which pertains to a time, event or purpose which no longer applies shall be deemed abandoned.
Such signs shall be removed within ninety days after the associated enterprise or occupant has
vacated the premises or within ninety days after the time, event or purpose which no longer
applies has ended. Any such sign not removed within the required period shall constitute a
nuisance and shall be subject to removal per Subsection E of this Section.
C. Unsafe Public Signs. Any sign deemed by the city to be a danger to the public under any applicable
ordinance or other statute shall be repaired or altered to as to be deemed safe by the city or shall be
removed pursuant to Subsection E of this Section.
D. Expired Temporary and Semi-permanent Signs. A temporary or semi-permanent sign which
remains posted beyond the time limits set out therefor in Sections 9.160.060(H) and 9.160.070(1)
respectively shall be removed.
E. Abatement and Removal of Signs.
1. Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance
that poses an immediate danger to the health, safety and welfare of the community by creating an
obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the
sign shall be responsible and liable for the removal and disposition of the sign.
a. Abatement. Upon discovering the existence of an illegal sign, the director shall have the
authority to order the immediate abatement and removal thereof. The director shall notify
the owner thereof, or the owner's representative, pursuant to Section 1.01.300 of this Code.
Such notice shall state the time limit, if any, granted for removal of the sign and the statement
that the director shall remove the sign after the stated time, the procedure for retrieving a
removed sign, and a statement that the owner may request a hearing to appeal the
abatement and removal by submitting a written request. The amount of time stated for
removal of a sign may be reduced or eliminated if the director determines that the illegal sign
constitutes an immediate danger to the health, safety and welfare of the community or is a
safety hazard.
b. Hearings.
i. Any sign removed and stored pursuant to these provisions shall be released to the
owner thereof if claimed within thirty days after such removal and upon the payment of
reasonable administrative fees. Such administrative fees shall be waived if, after a hearing
to appeal has been requested, a determination is made at such hearing that the fees shall
be waived. The administrative fees for the removal and storage of the sign shall be
established or modified by resolution of the city council and shall include the actual cost
of removal and storage of any sign plus the proportional share of administrative costs in
connection therewith.
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ii. Any hearing to appeal an abatement order which is requested shall be conducted by
the city manager in accordance with Chapter 2.08. The failure of either the owner or his or
her agent to request a hearing shall waive the right to a hearing. At the hearing, the
hearing officer shall determine whether good cause was shown for the abatement and
removal of the sign. The decision of the hearing officer shall be deemed the final
administrative determination. If good cause is shown for the abatement and removal of
the sign, the owner or his/her agent shall have fifteen days from the date of the hearing to
retrieve his or her sign upon payment of the administrative fee. If good cause is not shown
for the abatement and removal of the sign, the administrative fee shall be waived and the
owner or his/her agent shall have fifteen days to retrieve his or her sign.
c. Disposition. Any sign not retrieved by its owner within thirty days after delivering or
mailing the abatement notice when such owner has not requested a hearing to appeal, or
within thirty days of storage of the sign by the city in all other cases, shall be deemed to
be permanently abandoned and may be disposed of by the city.
F. No City Liability. Neither the city nor any of its agents shall be liable for any damage to a sign which
is removed under this Section.
G. Legal Action. In response to any violation of the provisions of this Chapter, the city may elect to file
a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to
California Government Code Section 36900, or institute a civil action in a court of competent
jurisdiction: (Ord. 550 § 1, 2016)
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TITLE 9 ZONING
CHAPTER 9.180 TRANSPORTATION DEMAND MANAGEMENT
9.180.080 Appeals.
A. Director as Decision -Making Authority. An applicant or other aggrieved party may appeal the
decision of the director to the planning commission in accordance with Section 9.200.110 of this Code.
B. Planning Commission as Decision -Making Authority. An applicant or other aggrieved party may
appeal the decision of the planning commission to the city council in accordance with Chapter 2.04 of
this Code.
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TITLE 13 SUBDIVISION REGULATIONS
CHAPTER 13.12 TENTATIVE SUBDIVISION MAPS
13.12.140 Appeals.
A. Persons Who May Appeal. A subdivider or any other interested party may appeal a decision of the
city manager or designee, or a decision of the planning commission, by using the following
procedures:
1. Appeal of City Manager or Designee Decision to the Planning Commission. The city
manager or his/her designee's decision may be appealed to the planning commission pursuant to
Section 9.200.110 of this Code.
2. Appeal of the Planning Commission Decision to the City Council. The planning
commission's decision may be appealed to the city council pursuant to Chapter 2.04 of this Code.
B. Call -Up Review. For purposes of this Section, the "board of appeals" shall be the planning
commission for decisions appealed to the planning commission and shall be the city council for
decisions appealed to the city council. The board of appeals, on its own motion adopted by a majority
vote of its total membership, may elect to call up and review any decision of the city manager or
designee or a decision of the planning commission regarding the action taken on a subdivision. A
request for call-up review shall be initiated by a member of a board of appeals delivering written
request for call-up review to the city manager or designee within fifteen calendar days of the date on
which the decision of the city manager or designee or the planning commission (as applicable) was
rendered. Upon timely receipt of the request for call-up review, the city manager or designee shall
schedule as an agenda item at the next regular meeting of the board of appeals, on which the member
calling up review is seated, the question whether an appeal shall be considered for the decision
subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city
manager or designee shall reschedule the question whether an appeal shall be considered at the next
regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review
unless a majority of the membership of the board of appeals votes to approve the consideration of the
appeal. The board of appeals shall consider the appeal that was subject to call-up review not later
than forty-five days after the board of appeals votes to approve consideration of the appeal. An
appeal may be heard and decided at the same meeting at which the majority of the membership
voted to approve the call-up review, provided no applicable law would be violated if the hearing of an
appeal occurs at the same meeting. A member of the city council may initiate the call-up review
process for a decision by the city manager or designee, without the need for review of that decision by
the planning commission, in which case an appeal of the decision subject to call-up review may be
considered directly by the city council if a majority of the membership of the city council vote to
approve the consideration of the appeal pursuant to this Section.
C. Concurrent Appeals. An appeal of a decision, including call-up review, pursuant to this Section
may be processed concurrently with any appeal of a decision brought pursuant to Section 9.200.110,
as may be amended from time to time. (Ord. 539 § 3, 2016; Ord. 356 § 1, 2000; Ord. 295 § 1, 1997;
Ord. 272 § 1, 1995)
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TITLE 14 STREETS AND SIDEWALKS
CHAPTER 14.16 ENCROACHMENTS
14.16.465 Publication vending machines—Removal of machines in violation.
Upon determination by the director that a publication vending machine has been installed, placed,
moved, used or maintained in violation of any provision of this Chapter, the following procedure may
be utilized in lieu of, or in addition to, other available legal remedies (such as prosecution or public
nuisance abatement). If the offending machine is not properly identified as to the owner, under the
provisions of this Chapter, and if its ownership is otherwise not apparent to the director, the machines
shall be removed immediately and processed as unclaimed property (unless ownership is thereafter
claimed and substantiated) under applicable provisions of law. In other cases, an order to correct the
offending condition may be issued to the owner or custodian of the machine. Such order shall be
telephoned (if practicable) to the owner or custodian and confirmed by service in accordance with
Section 1.01.300 of this Code. The order shall specifically describe the offending condition and suggest
actions necessary to correct it. Failure to properly correct the offending condition within seven days
after the mailing of the order may result in the offending machine being summarily removed.
Thereafter the director shall take reasonable steps to notify the owner thereof. Upon failure of the
owner to claim such machine and pay the expenses of removal and storage within thirty days after
such removal, the machine shall be processed as unclaimed property under applicable provisions of
law. Whenever a machine mentioned in this Section has had a violation corrected, or has been
reinstalled after removal under this Section, the director shall cause an inspection to be made thereof,
and the permittee shall be charged an additional inspection fee or fees in such amount or amounts as
may have been established by resolution of the city council. Any person aggrieved by any action taken
under this Section shall have the right of appeal to the city manager in accordance with Chapter 2.08
of this Code. (Ord. 10 § 1, 1982)
14.16.530 Appeal—Action of city council.
Unless an adjustment of the matter is made by the city manager satisfactory to the appellant, the
appellant may appeal to the city council in accordance with Chapter 2.04 of this Code. (Ord. 10 § 1,
1982)
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
)
) ss.
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 564 which was
introduced at a regular meeting on the 5th day of December, 2017, and was adopted
at a regular meeting held on the 19th day of December, 2017, not being less than 5
days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2015-023.
SUSAN MAYSELS, City Cl
City of La Quinta, Califor is
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on December 21, 2017, pursuant to Council
Resolution.
SUSCN MAYSELS, City Cler!
City of La Quinta, California