ORD 002ORDINANCE NO. 2
AN ORDINANCE OF THE CITY OF LA QUINTA
ESTABLISHING THE LA QUINTA MUNICIPAL
CODE, AND ENACTING TITLES 1, 2 AND 3 THEREOF
RELATING TO GENERAL PROVISIONS, ADMINISTRATION
AND PERSONNEL, AND REVENUE AND FINANCE.
The city council of the City of ' La Quintadoes ordain
as follows:
SECTION 1. A municipal code is hereby established for the
City of La Quinta , and Titles 1, 2 and 3 thereof are
enacted, as follows:
Title 1
GENERAL PROVISIONS
Chapters:,
1.01 Code Adopted
— 1.04 City Seal
1.08 Citations in Lieu of Immediate Arraignment
Chapter 1.01
CODE ADOPTED
Sections:
1.01.001 Declaration of purpose.
1.01.002 Establishment of Municipal Code.
1.01.003 Contents of Code.
1.01.004 Outline of Code.
1.01.005 Maintenance of Code.
1.01.010 Interpretation of Code and other ordinances.
1.01.020 Effect of Code on past actions and
obligations.
1.01.030 Partial invalidity.
1.01.040 Territorial limitation.
1.01.050 Local signification.
1.01.100 Rules of construction.
_ 1.01.110 Effect of headings.
1.01.120 Meaning of "section" and "subsection".
1.01.130 Acts by deputies.
1.01.140 "Writing".
1.01.150 Reference to ordinances: Application to
amendments.
1.01.160 Statute of limitations.
1.01.170 Definitions.
1.01.200 Violation --Infraction.
1.01.210 Aiding and Abetting.
1.01.220 Establishment of offenses as infractions.
1.01.230 Punishments.
1.01.250 Violations public nuisances.
1.01.260 Nuisances: Recovery of abatement expenses.
1.01.270 Violations of administrative provisions.
1.01.300 Notices --Service.
1.01.310 Notices --Proof.
1.01.001 Declaration of purpose. The city council
finds that it is desirable and in the public interest to
establish a municipal code in order to provide a scheme of
organization for the classification and grouping of
ordinances which the council may adopt. The council intends
in adopting ordinances of.a general and permanent nature to
provide for their placement in accordance with the scheme of
the code. This will provide the user with a convenient and
logical compilation of the ordinances of the city.
1.01.002 Establishment of Municipal Code. This code
shall be known as the La'Quinta1. Municipal Code". It
shall be sufficient to refer to this Code as the La Quinta
Municipal Code in any prosecution for the violation of
any provision of this Code. It shall also be sufficient to
designate any ordinance adding to, amending, or repealing
provisions of this Code as an addition or amendment to, or a
repeal of, the La Quinta Municipal Code, or a portion
thereof.
1.01.003 Contents of Code. The La Quinta
Municipal Code shall 'consist of all ordinances adopted by
the city council which are of a general and permanent
nature. An ordinance relating to any of the following
subject matters is not considered an ordinance of general
and permanent nature and need not be included within the
Municipal Code:
(1) The naming of streets or roads;
(2) Granting, altering, or withdrawing franchises;
(3) Levying real property tax;
(4) Calling an election;
(5) Annexation proceedings;
(6) Interim zoning measure;
(7) Zoning or rezoning a particular parcel of
property;
(8) Such other ordinances of a special or particular
subject matter which the council considers are not
appropriate to a general compilation of laws of a general
and permanent nature.
&a
1.01.004 Outline of Code. (a) The ordinances of
the city which are of a general and permanent nature shall
be organized and grouped according to subject matter.
(b) Ordinances which are adopted from time to time
shall be classified and organized under the following scheme
of titles:
1. General Provisions
2. Administration and Personnel
3. Revenue and Finance
4. (Reserved)
5. Business Regulations
6. Health and Sanitation
7. (Reserved)
8. Buildings and Construction
9. Planning and Zoning
10. Animals
11. Peace, Morals and Safety
12. Vehicles and Traffic
13. (Reserved)
14. Streets and Sidewalks
15. Water and Sewers
1.01.005 Maintenance of Code. At least three copies
of this Code, duly certified by the city clerk, shall be
maintained on file in the office of the ci.ty clerk as
official copies of this Code. Additional copies of this
Code shall be distributed to the departments of the city as
shall be prescribed by the city manager.
Duly Certified copies of each ordinance making a change
in this Code shall be filed in the office of the city clerk
in books for such purpose, duly indexed for ready reference.
At least semi-annually the city clerk shall cause the
loose leaf pages of this Code in which changes have been
made to be reproduced, including a notation as to the
ordinance number and the date pursuant to which such change
is adopted. Such reprinted pages shall be distributed in
order that the loose leaf copies of this Code, prepared for
the use and convenience of the officers and employees of the
city and the general public, may be brought up to date.
1.01.010 Interoretation of Code and other ordinances
The provisions of this Code and all proceedings under it are
to be construed to effect its objects and to promote
Justice.
All the provisions of this Code and all other city
ordinances shall be interpreted to refer to the appropriate
or designated officer or office of the city, and whether an
ordinance, uniform code, statute, or other matter which is
adopted by reference refers to any department, officer,
employee, inspection, police, or other function, unless the
context requires otherwise, all references shall be to the
appropriate or designated office, officer, department,
agency, employee, or function of the city, or to the person
or agency performing the function for the city.
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1.01.020 Effect of Code on past actions and
obligations. Neither the adoption of this Code nor the
repeal by this Code of any ordinance previously in effect in
the city or within -the territory currently comprising the
city, shall in any manner affect the prosecution for the
violation of any ordinance, which violation was committed
prior to the effective date of this Code, nor be construed
as a waiver of any license or penalty on such effective date
due and unpaid under such ordinances, nor be construed as
affecting any of the provisions of such ordinances relating
to the collection of any such license or penalty or the
penal provisions applicable to any violation of such
ordinances, nor to affect the validity of any bond or cash
deposit required to be posted, filed, or deposited pursuant
to any ordinance, and all vested rights and obligations
pertaining to such ordinances shall continue in full force
and effect.
1.01.030 Partial invalidity. If any chapter,
section, sentence,.clause or portion of this Code is for any
reason held to be invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such
holding shall not affect the validity of the remaining
portions thereof.
1.01.040 Territorial limitation. This Code shall
refer only to the omission or commission of acts within the
territorial limits of the City of La Quinta and that
territory outside of the city over which the city has
jurisdiction or control by virtue of the Constitution, or
any law, or by reason of ownership or control of property.
1.01.050 Local signification. All references in
this Code to places, acts, persons or things and all else in
relation to this Code shall be construed to mean that the
same are applicable to this City, whether the city is
mentioned in each particular section or not.
1.01.100 Rules of construction. Unless the
provisions of this Code otherwise specifically provide, or
the context -of this Code indicates to the contrary, the
general provisions, rules of construction, and definitions
set forth in the following sections of this chapter shall
govern the construction of this Code.
1.01.110 Effect of headings. The title, chapter,
article, and section headings contained in this Code shall
not be deemed to govern, limit, modify, or in any manner
affect the scope, meaning, or intent of the provisions of
any title, chapter, article, or section of this Code.
1.01.120 Meaning of "section" and "subsection".
"Section" shall mean a section of this Code, unless some
other source is specifically set forth. "Subsection" shall
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mean a subsection of the section in which the term occurs,
unless some other section is expressly set forth.
1.01.130 Acts by deputies. Whenever a power is'
granted to, or a duty is imposed upon, a public officer or
employee, the power may be exercised or the duty may be
performed by a deputy of such officer or employee or by a
person otherwise duly authorized pursuant to law or
ordinance, unless this Code expressly provides otherwise.
1.01.140 "Writing". "Writing" includes any form of
recorded message capable of comprehension by ordinary visual
means. Whenever any notice, report, statement, or record is
required or authorized by this Code, such notice, report,
statement, or record shall be made in writing in the English .
language, unless this Code expressly provides otherwise.
1.01.150 References to ordinances: Application to
amendments. Whenever any reference in this Code is made to
an ordinance, the reference shall apply to such ordinance of
the city, unless this Code expressly provides otherwise.
Whenever any reference is made to any portion of this Code,
or to any ordinance of this City, the reference shall apply
to all amendments and additions to this Code.
1.01.160 Statute of limitations. When a limitation
or period of time prescribed in any existing ordinance or
_ statute for acquiring a right or barring a remedy, or for
any other purpose, has begun to run before this Code goes
into effect, the time which has already run shall be deemed
a part of the time prescribed as such limitation.
1.01.170 Definitions. As used in this Code, unless
e different meaning is apparent from the context or is
specified elsewhere in the Code:
(a) "Calendar year" shall mean from January 1 through
December 31 of any given year.
(b) "City" shall mean the City of La Quinta.
(c) "City Manager" shall mean the appointed official
of the city who occupies the position as chief
administrative officer of the city.
(d) "Council" shall mean the city council of the City
of La Quinta.
(e) "Councilmember" shall mean a person duly elected
to the council.
(f) "County" shall mean the County of Riverside.
(g) "Fiscal year" shall mean from July 1 of any given
year through June 30 of the following year.
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(h) "Gender". The masculine gender shall include the
feminine and neuter genders.
_ 0 ) "Goods" shall mean and include wares and
merchandise.
(j) "May" shall be permissive.
(k) "Month" shall mean a calendar month, unless
otherwise expressed.
(1) "Number". The singular number shall include the
plural, and the plural number shall include the singular.
(m) "Oath" shallA nclude affirmation.
(n) "Official time standard". Wherever certain hours
are named in this Code, they shall mean standard time or
daylight saving time as may be in current use in the city.
(o) "Operate" shall mean and include carrying on,
keeping, conducting, or maintaining.
(p) "Owner", applied to a building or land, shall
include any part owner, joint owner, tenant, tenant in
common, or joint tenant of the whole or a part of such
building or land.
(q)' "Person" shall include any person, firm, company,
corporation, partnership, association, public corporation,
political subdivision, city (except the City of La Quinta),
the County of Riverside, any district in the County
of Riverside, the State of California, or the United States
of America, or any department or agency of any thereof,
unless this Code expressly provides otherwise.
(r) "Personal property" shall include money, goods,
chattels, things in action, and evidences of debt.
(s) "Police", "Police Chief" or "Chief of Police"
shall mean the agency which performs the appropriate law
enforcement function for the city, and the head of the
agency or division thereof which at the time involved has
responsibility for performing the police function for, or
within, the city.
(t) "Property" shall include real and personal
property.
(u) "Quarterly", where used to designate a period of
time, shall mean the first three calendar months of any
given year or any succgeding period of three calendar
—" months.
(v) "Real property" shall include land, tenements, and
hereditaments.
1.01.210 Aiding and abetting. Whenever in this Code
any act or omission is made unlawful, it shall include
causing, permitting, aiding, abetting, suffering, or
concealing the fact of such act or omission.
1.01.220 Establishment of offenses as infractions.
Any violation expressly declared to be punishable, in the
discretion of the court, by either a fine, or by a fine or
imprisonment, or both, shall become an infraction for all
purposes under any of the following circumstances:
(a) Where a judgment imposes a punishment of a fine
not exceeding fifty dollars ($50) in the case of a first
offense; or
(b) When the court grants probation to a defendant
without the imposition of a sentence and, at the time of
granting probation, or on application of the defendant or
probation officer thereafter, the court declares the offense
to be an infraction; or
(c) When the city attorney or any deputy district
attorney files in a court having jurisdiction over
misdemeanor offenses a complaint specifying that the offense
is an infraction.
1.01.230 Punishments. (a) Any person convicted of
a misdemeanor under the provisions of this Code shall be
punishable by a fine of not more than Five Hundred Dollars
($500), or by imprisonment in the County jail for a period
not exceeding six (6) months, or by both such fine and
imprisonment.
(b) Any person convicted of an infraction under the
provisions of this Code shall be punishable for a first
conviction by a fine of not more than Fifty Dollars ($50),
for a second conviction within a period of one year by a
fine of not more than One Hundred Dollars ($100), and for a
third or any subsequent conviction within a period of one
year by a fine of not more.than Two Hundred Fifty Dollars
($250).
1.01.250 Violations public nuisances. (a) In
addition to other penalties provided by law, any condition
caused or permitted to exist in violation of any provision
of this Code, or any such threatened violation, shall be
deemed a public nuisance and may be summarily abated as such
by the city.
(b) Also, any such violation or threatened violation
as referred to in (a), or any condition caused or permitted
to exist in violation of any of the provisions of any code
adopted by reference by this Code, or of the provisions of
any other city ordinance, shall be deemed a public nuisance
which may be abated by the city attorney in a civil judicial
action.
—" 1.01.260 Nuisances: Recovery of abatement expenses.
(a) Whenever any person criating, causing, committing, or
maintaining a public nuisance, as referred to in Section
1.01.250 of this chapter, or other public nuisance, as
defined under State law or other ordinance or regulation,
has been given notice, by or on behalf of the city attorney
or by any other city officer, employee or policing agent
authorized to give such notice, to abate such nuisance or
cease and desist from continuing such nuisance or violation
of law, and such person who was given notice fails, refuses,
or neglects to comply with the notice within the time
specified therein, or if such a time is not specified, then
within a time reasonably sufficient to enable such
compliance, such noncomplying person shall be liable to the
city for any and all costs and expenses to the city involved
in thereafter abating the nuisance and in obtaining
compliance with or enforcing the law as referred to or
encompassed in the said notice.
(b) Costs and expenses, as referred to in subsection
(a) of this section may include, but are not limited to, any
and all direct costs and expenses related to such things as
personnel salaries and benefits, operational overhead, rent,
interest, fees for experts or consultants, legal costs or
expenses, including attorneys' fees, claims against the city
arising as a consequence of the nuisance or violation, and
procedures associated with collecting moneys due hereunder.
(c) The provisions of subsection (a) of this section
shall also apply to any person who received a notice, as
specified therein, and thereafter the nuisance or violation
was abated, but such person subsequently allowed or was
responsible for a recurrence of the nuisance or violation.
(d) The liability of any person for the payment of the
costs and expenses provided for in subsection (a) of this
section may be waived in whole or in part by the city
attorney in any case wherein he determines, in his sole
discretion, that the failure or refusal of such person to
comply with the notice therein involved was based upon a
good faith and bona fide issue of law or fact specially
involved in the circumstances of the case. Any
determination or decision of the city attorney in, this
regard shall be final and conclusive and shall not be
subject to appeal as prescribed in Chapter 2.02 of Title 2
of this Code.
(e) Moneys due to the city pursuant to this section
may be recovered in an appropriate civil action.
Alternatively, such liability may be enforced by special
assessment proceedings against the parcel of land upon which
the nuisance existed, which proceedings may be conducted in
a manner substantively similar to proceedings described in
Sections 39574 et seq. of the Government Code of the State
relating to weed abatement assessments.
1.01.270 Violation of _administrative provisions.
The violation of , or the failure or omission to perform in
accordance with, any administrative provision of this Code
by any officer or employee of the city shall generally not
be considered a criminal act, but may be deemed a failure to
perform the duties or to observe the rules or regulations of
the department, office, commission or board within the
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, 1 ,
meaning of the rules and regulations of the city, or of the
civil service regulations of the city if applicable.
1.01.300 Notices --Service. Whenever a notice is
required to be given, or may be given, under any provision
of this Code or any provision of any code adopted by
reference by this Code or any provision of any ordinance or
resolution of the city not included within this Code, such
notice may be given as herein provided. Unless different or
special provisions are otherwise specifically made in this
Code or in some other applicable enactment, any such noti.ce
may be given either by personal delivery thereof to the
person to be notified, or by deposit in the United States
mail in a sealed envelope, postage prepaid, addressed to
such person to be notified, at that person's last known
business address as the same appears in the publ.ic records
or other records pertaining to the matters to which such
notice is directed. Service by mail shall be deemed to have
been completed at the time of deposit in the post office or
in the official receptacle thereof.
1.01.310 Notices --Proof. Proof of giving any notice
may be made by the certificate of any officer or employee of
this City or by the affidavit or declaration under penalty
of perjury of any person over the age of eighteen years,
which shows service in" conformity with this Code or other
provisions of law applicable to the subject matter
concerned.
Chapter 1.04
CITY SEAL
Sections:
1.04.010 Adoption.
1.04.020 Design.
1.04.010 Adoption. A corporate seal for the city is
adopted, the design of which seal shall be as follows in
Section 1.04.020.
1.04.020 Design. The seal adopted in Section
1.04.010 shall be circular in form; shall be not less than
two inches in diameter. Around its circumference shall
appear the words "City of La Quinta , California," and,
within, the words "Incorporated, 1982."
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Chapter 1.08
— CITATIONS IN LIEU OF IWEDIATE ARRAIGMENT
Sections:
1.08.010 Notice to appear in lieu of arrest.
1.08.050 Issuance of citations by designated officers
and employees.
1.08.010 Notice to appear in lieu of arrest. In any
case in which a person is arrested for a violation of any
provision of this Code and does not demand to be taken
before a magistrate, such person may, in lieu of being taken
before a magistrate, be issued a written notice to appear in
court and may then be released, all pursuant to and in
accordance with the procedures prescribed by California
Penal Code Section 853.6 et seq.
1.08.050 Issuance of citations by designated officers
and employees. Officers and employees of the city who have
the discretionary duty to enforce a statute or ordinance
may, pursuant to Section 836.5 of the Penal Code and subject
to the provisions of this section, arrest a person without a
warrant whenever any such officer or employee has reasonable
cause to believe that the person to be arrested has
committed an offense in the officer's or employee's presence
which he or she has the discretionary duty to enforce, and
to issue a notice to appear, and to release such person on
his or her written promise to appear in court, pursuant to
Section 853.6 of the Penal Code. No officer or employee
shall be allowed by his or her superior to exercise the
arrest and citation authority conferred in this section
unless such officer or employee is within a classification
of city officers and employees designated by resolution of
the city council to exercise such arrest and citation
authority as to specified violations. The city manager
shall establish and cause to be administered a special
enforcement training program designated to instruct each
officer or employee who will exercise such arrest and
citation authority, regarding the provisions of the statutes
and ordinances to be enforced, the evidentiary prerequisites
to proper procedures for making arrests or otherwise
prudently exercising such arrest and citation authority, and
the legal and practical ramifications and limitations
attendant thereto. Any such officers or employees shall be
appropriately instructed to deposit executed citations or
notices with the police department for filing with the
court, after review for legal sufficiency.
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Title 2
— ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Council
2.06 Boards and Commissions --General Provisions
2.08 City Manager
2.10 City Clerk
2.12 Director of Finance and General Services
2.15 City Treasurer
2.16 City Attorney
2.18 Community Services Commission
2.20 Disaster Relief
2.44 Peace Officer Training Standards
2.50 Administrative Mandamus: Statute of
Limitations
2.55 Holidays Observed by the City
Chapter 2.04
COUNCIL
Sections:
2.04.010 Time of regular meetings.
2.04.020 Place of regular meetings.
'2.04.030 Improper conduct at meeting.
2.04.040 Adoption of procedures.
2.04.050 Reimbursement.
2.04.060 Commission appointments.
2.04.100 Appeals to Council.
2.04.110 Notice of appeal: Time limit --Contents.
2.04.120 Appeals: Hearings: Notices.
2.04.130 Appeals: Hearings.
2.04.010 Time of regular meetings. The regular
meetings of the city council shall be held on the first and
third ,Tuesdays of each month at the hour of seven -thirty
P.M.
2.04.020 Place of regular meetings. The regular
meetings of the city council shall be held at the City Hall,
78100 Calle Tampico, La Quinta, California.
2.04.030 Improper conduct at meeting. Any member or
other person using profane, vulgar, loud or boisterous
language at any meeting or otherwise interrupting the
proceedings, who refuses to be seated or kept quiet when
ordered to do so by the mayor or other presiding officer of
the council, is guilty of a misdemeanor.
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r
2.04.040 Adoption of procedures. The city council
shall, by resolution, adopt rules of procedure to govern the
-- conduct of its meetings, any of its other functions and activi-
ties, and regulations pertaining thereto.
2.04.050 Reimbursement'. Bach
member of the council shall receive reimbursement for
actual and necessary expenses incurred in the performance of
official duties for the city, pursuant to the provisions of
Section 36514.5 of the Government Code.
2.04.060 Commission appointments. Unless otherwise
specifically provided in this Code or by State law, all city
board and commission appointments, except for ex officio
members where applicable, shall be made by the city council.
2.04.100 Appeals to Council. (a) Except when an
appeals procedure is otherwise specifically set forth in
this Code, any person excepting to the denial, suspension,
or revocation of a permit applied for .or held by him
pursuant to any of the provisions of this Code, or to any
administrative decision made by any official of the city, if
the denial, suspension, or revocation of such permit or the
determination of such administrative decision involves the
exercise of administrative discretion or personal judgment
exercised pursuant to any of the provisions of this Code,
may appeal .in writing to the council by filing with the city
clerk a written notice of such appeal.
(b) No appeal may be taken to any such administrative
decision made by an official of the city pursuant to any of
the provisions of this chapter unless such decision to
appeal has been first taken up with the department head
concerned and with the city manager, and each such official
has not adjusted the matter to the appellant's satisfaction.
(c) No right of appeal to the council from any
administrative decision made by an official of the city
pursuant to any of the provisions of this Code shall exist
when such decision is ministerial and thus does not involve
the exercise of administrative discretion or personal
judgment exercised pursuant to any of the provisions of this
Code, whether the administrative decision involves the
denial, suspension, or revocation of a permit or any other
administrative decision. Also, there shall be no such right
of appeal with regard to law enforcement activities
involving State law.
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2.04.110 Notice of appeal: Time limit --Contents.
(a) Any such notice of appeal shall not be acted upon
unless filed within ten days after service of written notice
of such action appealed from, provided that if such notice
of action has not been served in writing, the appellant may,
within ten days after being apprised of such action, demand
service of written notice thereof, and shall have ten days
following such service in which to file the notice of
appeal.
(b) The notice of appeal shall set forth (1) the
specific action appealed from, (2) the specific grounds of
the appeal and (3) the relief or action sought from the
city council. In the event any notice of appeal fails to
set forth any information required by this section, the city
clerk shall return the same to the appellant with a
statement of the respects in which it is deficient, and the
appellant shall thereafter be allowed five days in which to
perfect and refile the notice of appeal.
(c) Except in those instances where an appeal is filed
by the city manager or other public official in pursuance of
official duties, the written notice of appeal from the
action of an administrative official or from an
administrative body of the city, as the case may be, shall
be accompanied by such fee as may have been established by
resolution of the city council.
2.04.120 Appeals: Hearings: Notices. Upon the
time.ly filing of a notice of appeal in proper form, the city
clerk shall schedule the matter promptly upon the city
-- council agenda at a subsequent regular meeting and shall
cause notice thereof to be given the appellant not less than
five days prior to such hearing, unless such notice is
waived in writing by the appellant. The city clerk shall
also cause a copy of the notice of appeal to be transmitted
• to the official or body whose action has been appealed from.
2.04.130 Appeals: Hearings. (a) The city council
at the hearing may limit participation in the hearing to the
directly interested parties, or may allow participation by
the public. Such public participation, however, shall only
be appropriate when the council deems the same necessary in
the public interest. If a hearing is ordered open to public
participation, notice thereof shall be given by publishing
notice of the same in a newspaper of general circulation in
the city not less than five days prior to the date of such
hearing, and by such other means as the city council deems
necessary.
(b) At the time of consideration of the appeal by the
city council the appellant shall be limited to a
presentation on the specific grounds of appeal and matters
set forth in his notice of appeal and shall have the burden
of establishing cause why the action appealed from should be
altered, reversed or modified. The council may continue the
matter from time to time; and at the conclusion of its
consideration may affirm, reverse or modify the action
appealed from and may take any action which might have been
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legally taken in the first instance by the official or body
from whose action the appeal has been taken. In ruling on
the appeal the findings and action of the council shall be
final and conclusive in the matter.
Chapter 2.06
BOARDS AND CCNMISSIONS--GENERAL PROVISIONS
Sections!
2.06.010 General rules regarding appointments, terms,
vacancies.
2.06.020 Chairpersons, vice-chairpersons--Selection--
Terms.
2.06.010 General rules regarding appointments, terms,
vacancies. (a) Unless otherwise provided by law, or by
ordinance or resolution, or unless by the very nature of a
situation the provisions hereof may not be made applicable,
all members of boards and commissions of the city shall be
appointed for three-year terms commencing on July 1st of the
year of appointment; provided, that interim vacancies shall
be filled by appointment for the unexpired term of the
member replaced. This rule shall not, however, apply in
regard to a newly established board or commission to which
initial appointments are made. on a staggered -term basis,
provided that the longest such term shall not exceed three
years commencing with the July 1st next following the
appointment.
(b) Any member of a board or commission of this 'city
may be removed from office at any time, with or without
cause, by a majority vote of the city council, except in
cases where the mayor or city council are not the appointing
authority (in which cases such regular appointing authority
may exercise this power of removal). If a member absents
himself without advance permission of the board or
commission or of his appointing authority, from three
consecutive regular meetings or from twenty-five percent of
the duly scheduled meetings of the board or commission
within any fiscal year, his office shall thereupon become
vacant and shall be filled as any other vacancy. Except in
cases where the mayor or city council are not the appointing
authority, no person shall be appointed to and serve
substantially more than two full consecutive terms upon any
single board or commission, and any person who has served
substantially two full consecutive terms shall not be
reappointed to the same board or commission until at least
the time equal to one full term has elapsed.
(c) Unless otherwise provided by law, or by ordinance
or resolution of the city council, all members of boards and
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commissions of the city appointed by the city council shall
be initially, and during their incumbencies, bona fide
residents and registered voters of the City, and no such
member at or during such time shall be an employee of the
city.
2.06.020 Chairpersons, vice-chairpersons--Selection--
Terms. Unless otherwise provided by law, or by ordinance
or resolution, each board and commission of the city shall
annually at its first meeting held after June 30, choose one
of its number as chairperson and one as vice -chairperson.
Each chairperson and vice -chairperson shall have authority
and perform such duties as are commonly associated with
their respective titles, or as may be specially prescribed
by law or by the by laws or other rules of the board or
commission. Vacancies in either such position occurring
prior to July 1 may be filled as in the first instance, and
a new chairperson or vice -chairperson may be chosen at any
time by majority vote of all members of the board or
commission.
Chapter 2.06
CITY MANAGER
Sections:
2.08.010 Office created - Term.
2.08.020 Eligibility.
2.08.030 Compensation.
2.08.040 Expense reimbursement.
2.08.050 Designation of acting city manager.
2.08.060 Powers and duties.
2.08.070 Relations with council.
2.08.080 Departmental cooperation.
2.08.090 Attendance at commission meetings.
2.08.100 Removal: Method - Notice.
2.08.110 Removal: Hearing.
2.08.120 Removal: Suspension pending hearing.
2.08.130 Removal: Council discretion.
2.08.140 Removal: Limitation.
2.08.150 Willful misconduct --Determination.
2.08.160 Willful misconduct --Defined.
2.08.170 Agreements with council.
2.08.010 Office created - Term. The
city manager is created and established.
shall be appointed by the city council wholly
of administrative and executive ability and
The city manager shall hold office for
pleasure of the city council.
—16—
-office of the
The city manager
on the basis
qualifications.
and during the
2.08.020 Eligibility. No member of the city council
shall be eligible for appointment as city manager until one
year has elapsed after such council member has ceased to be
a member of the city council.
2.08.030 Compensation. The city manager shall
receive such compensation and expense allowances as the city
council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the city as the council shall designate.
2.08.040 Expense reimbursement. The city manager
shall be reimbursed for all actual and necessary expenses
incurred by him in the performance of his official duties,
including those incurred when traveling on business
pertaining to the city.
2.08.050 Designation of acting city manager. The
assistant city manager shall serve as manager pro tempore
during any temporary absence or disability of the city
manager. In the event there is no assistant city manager to
so act, the city manager, by a letter filed with the city
clerk, shall designate a qualified city administrative
officer to exercise the powers and perform the duties of
manager during his temporary absence or disability. The
city council may appoint an acting city manager.
2.08.060 Powers and duties. The city manager shall
be the administrative head of the government of the city
�~ under the direction and control of the city council except
as otherwise provided in this chapter. The city manager
shall be responsible for the efficient administration of all
affairs of the city which are under his control. In
addition to his general powers as administrative head, and
not as a limitation thereon, he shall be expected to, and
shall have the power to:
(1) Enforce all laws and ordinances of the city and to
see that all franchises, contracts, permits and privileges
granted by the city council are faithfully observed;
(2) Appoint, remove, promote and demote any and all
officers and employees of the city except elective officers
and the city attorney, subject to all applicable personnel
rules and regulations which may be adopted by the city
council;
(3) Control, order and give directions to all
department heads who are subject to his appointment and
removal authority, and to subordinate officers and employees
of the city under his jurisdiction through their department
heads;
(4) Conduct studies and effect such organization and
reorganization of offices, positions or units under his
direction as may be indicated in the interest of efficient,
effective and economical conduct of the city's business;
(5) Recommend to the city council for adoption such
measures and ordinances as he deems necessary;
—27—
(6) Attend all meetings of the city council unless
excused therefrom by the mayor individually or the city
council as a whole, except when his removal is under
consideration;
(7) Prepare and submit the proposed annual budget and
the proposed annual salary plan to the city council for its
approval;
(8) Direct and supervise all the purchasing activities
of the city;
(9) Keep the city council at all times fully advised
as to the financial condition and needs of the city;
(10) Make investigations into the affairs of the city
and any department or division thereof and any contract or
the proper performance of any of the obligations of the
city; and further, to investigate all complaints in relation
to matters concerning the administration of the city
government and in regard to the service maintained by public
utilities in the city;
(11) Exercise general supervision over all public
buildings, public parks and all other public properties
which are under the control and jurisdiction of the city
counc'i 1 ;
(12) Have the same authority as the mayor (as
conveniences to the parties may dictate) to sign documents
specified in Section 40602 of the Government Code of the
State whenever such documents have been approved by the city
council for execution by resolution, motion, minute order or
other appropriate action; and
'(13) Perform such other responsibilities and exercise
such other powers as may be delegated to him from time to
time by ordinance or resolution or other official action of
the city council.
2.08.070 Relations with council. The city council
and its members shall deal with the administrative services
of the city only through the city manager, except for the
purpose of inquiry, and neither the city council nor any
member thereof shall give orders to any subordinates of the
city manager. For purposes hereof, "inquiry" means any and
all communications short of giving orders, directions or
instructions to any member of the administrative staff.
Such members shall give all information reasonably requested
by any councilmember. The city manager shall take his
orders and instructions from the city council only when
sitting in a duly convened meeting of the city council and
no individual councilman shall give any orders or
instructions to the city manager. The city council shall
instruct the city manager in matters of policy. Any action,
determination or omrission of the city manager shall be
subject to review by the city council. The city council may
not overrule, change or modify any such action,
determination or omission except by the affirmative vote of
at least three members of the city council.
2.08.080 Departmental cooperation. It shall be the
duty of all subordinate officers and the city attorney and
—18—
city clerk to assist the city manager in administering the
affairs of the city efficiently, economically and
harmoniously.
2.08.090 Attendance at commission meetings. The
city manager may attend any and all meetings of the planning
commission, and any other commission, board or committee
created by the city council, upon his own volition or upon
direction of the city council. At such meetings which the
city manager attends, he shall be heard by such commissions,
boards or committees as to all matters upon which he wishes
to address the members thereof. He shall inform such
members as to the status of any matter being considered by
the city council, and he shall cooperate to the fullest
extent with members of all commissions, boards or committees
appointed by the city council.
2.08.100 Removal: Method - Notice. The removal of
the city manager shall be effected only by a majority vote
of the whole council as then constituted, convened in a
regular council meeting, subject, however, to the provisions
of Sections 2.08.110 through 2.08.160. In case of his
intended removal by the city council, the city manager shall
be furnished with a written notice stating the counciI's
intention to remove him and the reason therefor at least
thirty days before the effective date of his removal.
2.08.110 Removal: Hearing. Within seven days after
the delivery to the city manager of such notice required in
Section 2.08.100, he may, by written notification to the
city clerk, request a hearing before the city council.
Thereafter, the city council shall fix a time for the
hearing which shall be held at its usual meeting place, but
before the expiration of the thirty -day period, at which the
city manager shall appear and be heard, with or without
counsel.
2.08.120 Removal: Suspension pending hearing.
After furnishing the city manager with written notice of
intended removal, the city council may suspend him- from
duty, but his compensation shall continue until his removal
by resolution of the council passed subsequent to the
hearing described in Section 2.08.110.
2.08.130 Removal: Council discretion. In removing
the city manager, except as provided in Section 2.08.150,
the city council shall use its uncontrolled discretion and
its action shall be final and shall not depend upon any
particular showing or degree of proof at the hearing, the
purpose of which is to allow the city manager to present to
the city council his grounds of opposition to his removal
prior to its action.
—19—
2.08.140 Removal: Limitation. Notwithstanding the
provisions of Sections 2.08.100 through 2.08.130, the city
manager shall not be removed from office, other than for
misconduct in office, during or within a period of ninety
days next succeeding any general municipal election held in
the city at which election a member of the city council is
elected. The purpose of this provision is to allow any
newly -elected member of the city council or a reorganized
city council to observe the actions and ability of the city
manager in the performance of the powers and duties of his
office. After the expiration of such ninety -day period
aforementioned, the provisions of sections 2.08.100 through
2.08.130 as to the removal of the city manager shall apply
and be effective.
2.08.150 Willful misconduct --Determination. In the
event the intended removal of the city manager is for
willful misconduct in office, written notice to the city
manager as provided in Section 2.08.100 shall state that the
reason for removal is willful misconduct in office and shall
state specific facts which constitute such willful
misconduct. The procedure for hearing and for suspension
pending hearing shall be followed as stated in Sections
2.08.100 through 2.08.140. A determination of willful
misconduct in office shall be evidenced by specific findings
of facts constituting such willful misconduct. The
determination of what constitutes willful misconduct shall
be within the sole discretion of the city council provided
that it shall relate to the welfare of the city.
2.08.160 Willful misconduct --Defined. Willful
misconduct includes conduct directly related to conduct in
office and directly related to the duties of the office. It
includes the refusal to follow the lawful directions of the
city council. It also includes conduct not directly related
to the performance of official duties of the office when
such conduct has a direct and harmful effect on the welfare
of the city. Evidence of such direct and harmful effect
shall include but shall not be limited to, conviction of a
felony.
2.08.170 Agreements with council. Nothing in this
chapter shall be construed as a limitation on the power or
authority of the city council to enter into any supplemental
agreement with the city manager delineating additional terms
and conditions of employment not inconsistent with any
provisions of this chapter.
-20-
Chapter 2.10
CITY CLERK
Sections:
2.10.010 Authority for office.
2.10.020 Compensation.
2.10.030 Functions.
2.10.010 Authority for office. The office of the
city clerk is established pursuant to Section 36501 of the
Government Code of the State.
2.10.020 Compensation. The city clerk shall receive
such compensation and expense allowance as the city council
shall from time to time determine, and such compensation
shall be a proper charge against such funds of the city as
the city council shall designate.
2.10.030 Functions. The city clerk shall have all
of the powers, duties, and responsibilities granted to and
imposed upon the office of the city clerk by the provisions
of Chapter 2 of Part 3 of Division 3 of Title 4 of the
Government Code of the State, other general laws of the
State, the provisions of this Code, and the ordinances and
resolutions of the city council; provided, however, pursuant
to the provisions of Sectiom 40805.5 of the Government Code,
the financial and accounting duties imposed upon the city
clerk by Sections 40802 through 40805 of the Government Code
shall be performed by the director of finance and general
services.
The principal functions of the city clerk shall be to:
(1) Attend all meetings of the city council and be
responsible for the recording and maintaining of a record of
all the actions of the council;
(2) Keep all ordinances and resolutions of the council
in such a manner that the information contained therein will
be readily accessible and open to the public. The city
clerk shall attach to the original copy of each ordinance a
certificate which shal'1 state the date the ordinance was
adopted and, as to an ordinance requiring publication, that
the ordinance has been published or posted in accordance
with law;
(3) Keep all records of the council and of the office
of the city clerk in such manner that the information
contained therein will be readily accessible and open to the
public until such time as any of the records may be
destroyed, or reproduced and the original destroyed, in
accordance with State law;
(4) Serve as the official custodian of all city
records;
(5) Be the custodian of the seal of the city;
(6) Prepare the council agendas, in conjunction with
and under the direction of the city manager;
—21—
f
(7) Perform the duties prescribed by the Elections
Code of the State in conducting municipal elections;
(8) Perform the duties imposed upon city clerks by the
California Political Reform Act;
(9) Be responsible for the publication of all the
official advertising of the city;
(10) Be responsible for the maintenance and
distribution of the municipal code;
(11) Process all claims filed against the city and its
officers, agents, or emplopyees, pursuant to the provisions
of Chapter I of Part 3 of Division 3 of Title 1 of .the
Government Code of the State and Chapter 3.16 of Title 3 of
this Code; and
(12) Perform such other duties consistent with this
Code as may be required of the city clerk,.by the city
council.
Chapter 2.12
DIRECTOR OF FINANCE AND GENERAL SERVICES
Sections:
2.12.010 Office created.
2.12.020 Appointment.
2.12.030 Duties.
2.12.040 Independent audit.
2.12.010 Office created. The office of the director
of finance and general services is created and established.
The director of finance and general services shall be the
chief fiscal officer of the city.
2.12.020 Appointment. The director of' finance and
general services shall be appointed by the city manager, and
he shall serve at and during the pleasure of the city
manager. The director of finance and general services shall
be qualified by sufficient technical accounting training,
skill and experience to be proficient in the office and
shall show evidence of executive ability.
2.12.030 Duties. The duties of the director of
finance and general services shall be as follows:
(1) To serve as the chief fiscal officer of the city;
(2) To assist and advise the administration and the
city council in all matters pertaining to city finances;
(3) To perform all financial and accounting duties
imposed upon the city clerk by Sections 40802 through 40805
of the California Government Code;
i' (4) To develop and maintain, in accordance with the
state laws and the city ordinances and the best accepted
procedures, adequate financial records, reports and
—22—
budgetary control of all receipts, disbursements and
reserves of the city;
(5) To supervise the keeping of current inventories of
all property of the city departments, offices and agencies;
(6) To prescribe and develop accounting forms, reports
and procedure in conjunction with administrative needs and
requests, and as required by law;
(7) To audit all demands in accordance with Sections
3.16.020 through 3.16.050 and 3.16.080;
(8) To prepare annually for budget purposes an
estimate of revenues for the city manager, and assist the
city manager in compiling the annual budget in accordance
with the prescribed chart of accounts and accepted
procedures;
(9) To assist the city council and the city manager in
formulating a long range financial plan and program;
(10) To perform such purchasing duties as delegated to
the director of finance and general services by the city
manager; and
(11) To perform such other duties related to
administrative and general services for the municipal
government and business operations as may be delegated to
the director of finance and general services by the city
manager.
2.12.040 Independent audit. The council shall
require annually an independent audit of the accounts and
records of the treasurer and department of finance and
general services. This auditor shall be selected by council
and shall be qualified as a certified public accountant.
—23—
Chapter 2.15
CITY TREASURER
Sections:
2.15.010 Authority for office.
2.15.020 Compensation.
2.15.030 Functions.
2.15.010 Authority for office. The office of the
city treasurer is established pursuant to Section 36501 of
the Government Code of the State.
2.15.020 Compensation. The city treasurer shall
receive such compensation and expense allowance as the city
council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the city as the city council shall designate.
2.15.030 Functions. The city treasurer shall
perform such duties as are prescribed by Sections 41000
through 41007 of the Government Code of the State and by any
other provisions of law applicable to deposit and investment
and safekeeping of public funds of the city.
Chapter 2.16
CITY ATTORNEY
Sections:
2.16.010 Office created.
2.16.020 Compensation.
2.16.030 Functions.
2.16.010 Office created. The office of the city
attorney is hereby established. It shall consist of the
city attorney and such assistants as may be authorized by
the council. The city attorney shall administer the office
and be responsible for the successful performance of its
functions. He shall serve under the direct supervision and
control of the council as its legal advisor.
The council may retain or employ other attorneys,
assistants, or special counsel as may be needed to take
charge of any litigation or legal matters or to assist the
city attorney therein.
2.16.020 Compensation. The city attorney shall
receive such compensation and expense allowance as the city
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.e
council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the city as the city council shall designate.
2.16.030 Functions. The functions of the office of
the city attorney shall be to:
(1) Advise the council and all city officers in all
matters of law pertaining to their offices;
(2) Furnish legal service at all meetings of the
council, except when excused or disabled, and give advice or
opinions on the legality of all matters under consideration
by the council or by any of the boards and commissions or
officers of the city;
(3) Prepare and/or approve all ordinances,
resolutions, agreements, contracts, and other legal
instruments as shall be required for the proper conduct of
the business of the city and approve the form of all
contracts and agreements and bonds given to the city;
(4) Prosecute on behalf of the people cases for
violation of city ordinances; and
(5) Perform such other legal duties as may be required
by the council or as may be necessary to complete the
performance of the foregoing functions.
Chapter 2.18
COWUN I TY SERVICES OOvM I S S I ON
Sections:
2.18.010 Created.
2.18.020 Chair--Committees--Staff.
2.18.030 Meetings --Rules of procedure.
2.18.040 Functions, powers and duties.
2.18.010 Created. There is created a community
services commission for the city. It shall consist of five
members, serving without compensation, appointed in the
manner and for the terms prescribed in Sections 2.04.060 and
2.06.010, respectively, of this code.
2.18.020 Chair--Committees--Staff. Designation of
chairpersons for the commission shall be governed by Section
2.06.020 of this Code. The commission shall be authorized
to appoint and fix the membership of such number of standing
and temporary committees as it may find expedient for the
performance of its duties. The city manager may appoint an
executive secretary and other staff and provide such
compensation for their services as may be authorized by the
city council and by the annual city budget of expenditures.
2.18.030 Meetings --Rules of procedure. The
commission shall meet at least bimonthly (but need do so
only during the period of the year from October 1st through
—25—
f
the following May 31st) at such time and place as shall be
fixed by the commission by its standing rules. A majority
of the existing appointed members of the commission shall
constitute a quorum for the transaction of business. The
commission may establish such rules and regulations as it
deems necessary for the conduct of its business. In matters
relating to the holding of regular and special meetings, the
commission is bound by the provisions of the Ralph M. Brown
Act of the state of California (Section 54950, et seq.,
California Government Code.)
2.18.040 Functions, powers and duties. The
commission shall function in an advisory role to the city
council, and to the city manager and director of community
services, as appropriate. To fulfill this role, the
commission shall have, among others which hereafter may be
delegated by the city council, the following powers and
duties:
(1) To make recommendations to the city council on
matters relating to the creation or amendment of goals,
policies, objectives and work plans in connection with
existing or proposed human resources programs;
(2) To advise as to programs for the use of available
municipal resources to satisfy unmet human services needs
and the coordination of such programs with. activities of
other agencies providing human services;
(3) To assist from time to time in the review of the
overall plan for municipal community services and the
monitoring of the success of the plan's implementation;
(4) To advise the city manager and director of
community services on policy matters affecting the
department of community services;
(5) To receive and investigate complaints of
discrimination against any person, group, organization or
corporation and to refer appropriate matters to the proper
authorities.
—26—
Chapter 2.20
DISASTER RELIEF
2.20.010 General purposes.
2.20.020 Definitions.
2.20.030 Disaster corps.
2.20.040 Disaster corps --Activation.
2.20.050 Disaster director..
2.20.060 Disaster director --Powers and duties.
2.20.070 Office of disaster preparedness.
2.20.080 Powers on succession.
2.20.090 Orders by members of disaster corps.
2.20.100 Line of su-ccession for council members.
2.20.110 Emergency operating centers.
2.20.120 Prohibited acts during emergencies.
2.20.180 Proclamation of emergency--Detemination--
Authority.
2.20.190 Proclamation of emergency --Effective when --
Term.
2.20.200 Proclamation of emergency --Rules and
regulations --Powers of city manager.
2.20.210 Requisition of equipment or personnel.
2.20.220 Termination of emergency.
2.20.230 Penalty for violation.
2.20.01D General purposes. The purposes of this
chapter are to provide for the preparation and carrying out
of plans for the protection of persons and property within
the city in the event of the emergency or disaster
conditions hereinafter referred to; the direction of the
disaster organization; and the coordination of the disaster
functions of the city with the county and with all other
public agencies, corporations, organizations, and affected
private persons.
2.20.020 Definitions. As used in this chapter:
(1) "State of war emergency" means the condition which
exists immediately, with or without a proclamation thereof
by the Governor, whenever this state or nation is attacked
by an enemy of the United States, or upon receipt by the
state of a warning from the federal government indicating
that such an enemy attack is probable or imminent;
(2) "State of emergency" means the duly proclaimed
existence of conditions of disaster or of extreme peril to
the safety of persons and property within the state caused
by such conditions as air pollution, fire, flood, storm,
epidemic, riot or earthquake or other conditions, other than
conditions resulting from a labor controversy or conditions
causing a "state of war emergency," which conditions, by
reason of their magnitude, are or are likely to be beyond
the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city
and require the combined forces of a mutual aid region or
regions to combat;
—27—
(3) "Local emergency" means the duly proclaimed
existence of conditions of disaster or of extreme peril to
the safety of persons and property within the territorial
limits of a county, city and county, or city, caused by such
conditions as air pollution, fire, flood, storm, epidemic,
riot or earthquake or other conditions, other than
conditions resulting from a labor controversy, which
conditions are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of that
political subdivision and require the combined forces of
other political subdivisions to combat;
(4) Other terms used herein shall have meanings as
used in the California Emergency Services Act.
2.20.030 Disaster corps. The city disaster corps
consists of all officers and employees of the city and its
agencies, together with all volunteers and all groups,
organizations and persons commandeered under the provisions
of the California Emergency Services Act and this chapter,
with all equipment and material publicly owned, volunteered,
commandeered or in any way under the control of the
aforementioned personnel, for the support of the
aforementioned personnel in the conduct of disaster
operations. The disaster corps shall be composed of such
elements as are provided for in the disaster operations plan
of the c.ity. The officers of the city shall have the
authority and duty to plan for mobilization, operation and
support of that segment of the disaster corps for which
each is responsible as provided for in the disaster
operations plan of the city, and to conduct the activities
thereof.
2.20.040 Disaster corps --Activation. The disaster
corps shall be activated and shall function as a disaster
relief body, only:
(1) Upon the existence of a "state of war emergency";
(2) Upon the declaration by the Governor of the state,
or of persons authorized to act in his stead, of a "state of
emergency" affecting and including the city;
(3) Upon the declaration of a "local emergency" by the
board of supervisors of Riverside' County, or by persons
authorized to act in its stead, affecting and including the
city; or
(4) Upon the declaration of a "local emergency" by the
city council of the city, or by persons herein authorized to
act in its stead.
2.20.050 Disaster director. The city manager shall
be the disaster director. In the absence, or inability to
act, of the city manager, he shall automatically be
succeeded as disaster director by the officials and persons
named for this purpose, and in the order specified, in the
— disaster operations plan of the city.
2.20.060 Disaster director --Powers and duties. - The
disaster director shall have the following powers and
duties:
(1) To make key appointments, and to make all other
appointments or delegate the making of the same, within the
disaster corps;
(2) To request the city council to proclaim the
existence of a "local emergency" if said council is in
session, of to issue such proclamation if said council is
not in session. Whenever a "local emergency" is proclaimed
by the director, the city council shall have taken action to
ratify the proclamation within seven days thereafter or the
proclamation shall have no further force or effect;
(3) During the existence of a "state of war
emergency," or the proclaimed existence of a "state of
emergency" or a "local emergency" affecting the city, to:
(A) Control and direct the activities of the city
disaster corps;
(B) Use all city resources for the preservation of
life and property and to reduce the effects of disaster;
(C) Resolve questions of authority and
responsibility that may arise in disaster operations;
(D) Obtain vital supplies, equipment and other
resources needed for the preservation of life and property
by either binding the city for the fair value thereof or by
commandeering same;
(E) Delegate to elected and appointed officials of
the city such duties and authorities as he deems necessary;
(F) Make and issue rules and regulations on
matters reasonably related to the protection of life and
property as affected by any conditions proclaimed as
provided herein;
(G) Require emergency services of any city officer
or employee and to command the aid of as many citizens of
the city as he thinks necessary in the execution. of his
duties;
(H) Exercise complete authority over the city and
to exercise all police power vested, in the city by the
Constitution and general laws;
(4) In addition to the powers granted herein, the
director shall have such powers incidental to the
performance of his duties as said director as shall be
necessary to allow him to carry out the disaster operations
plan of the city, it being the intent of this chapter that
the enumerated powers herein are not intended to be
limitations upon his powers.
2.20.070 Office of disaster preparedness. There is
created the city office of disaster preparedness which shall
consist of such positions as may be established by the city
manager.
2.20.080 Powers on succession. Each person who
shall succeed to each position or office as provided herein,
and as provided in the disaster operations plan of the city
shall succeed to all the powers and duties of the office
succeeded to immediately upon such succession.
—29—
2.20.090 Orders by members of disaster corps.
During the existence of a "state of war emergency" or of a
proclaimed "state of emergency" or "local emergency"
affecting the city, each member of the city disaster corps
shall have authority to require that all persons shall
follow reasonable orders given by him within the scope of
his functions in order to execute the disaster operations
plan of the city, and the willful failure of any person to
follow such reasonable order or orders is a misdemeanor.
2.20.100 Line of succession for councilmembers. The
line of succession for the position of mayor during a state
of emergency, war emergency, local emergency or other
condition of disaster, unless otherwise ordered by the city
council, shall be mayor pro tempore followed by the
remaining city councilmembers in the order of their
seniority, excluding standby successors who may have been
appointed pursuant to Section 8638 of the Government Code of
the state.
2.20.110 Emergency operating centers. Unless
exigencies render the same impossible or unduly hazardous to
safety, two emergency operating centers shall normally be
maintained within the city; one of these at the city hall,
and the other at the police headquarters.
2.20.120 Prohibited acts durina emergencies. It is
a criminal act and a misdemeanor, for any person during a
state of emergency, war emergency, local emergency or other
condition of disaster:
(1) Willfully to obstruct, hinder or delay any member
of the city disaster corps in the enforcing of any law or
lawful rule, regulation or order issued pursuant to this
chapter, or in the performance of any duty imposed upon such
disaster corps member by virtue of this chapter;
(2) To do any act forbidden by any lawful rule,
regulation or order issued pursuant to this chapter if such
is of such a nature as to give, or be likely to give,
assistance to the enemy, or to imperil life or property, or
to prevent, hinder or delay the defense or protection of
persons or property;
(3) To wear, carry or display, without authority, any
means of identification specified by the emergency services
or disaster or civil defense agencies of the federal or
state governments.
2.20.180 Proclamation of emergency-- Determination --
Authority. Whenever riots, general civil disobedience,
multiple law violation or the threat of the same occur in
the city, the city manager, or in the event of his inability
to act, the chief of police, may determine that a local
emergency exists. At such time the city manager shall
forthwith proclaim in writing the existence of a state of
local emergency. Also he shall cause widespread publicity
and notice to be given to such proclamation.
Sim
2.20.190 Proclamation of emergency --Effective when --
Term.' The proclamation of local emergency provided herein
shall become effective immediately upon its issuance and
shall be disseminated to the public by appropriate news
media. Such a state of local emergency shall exist from the
time the proclamation of emergency is issued until such time
as it is similarly and duly terminated by the city manager.
2.20.200 Proclamation of emergency --Rules and
regulations --Powers of city manager. After the issuance of
a proclamation of local emergency the city manager shall
have the power to make, issue and enforce rules and
regulations on matters reasonably related to the protection
of life and property as affected by said emergency;
provided, however, such rules and regulations shall be
confirmed as soon as practicable by the city council. The
city manager is granted but shall not be limited to the
following powers:
(1) CURFEW. The city manager may order a general
curfew applicable to the entire city or such geographical
areas thereof as he deems necessary to protect the public
health, safety, welfare and morals.
As used herein "curfew" means a prohibition against any
person or persons walking, running, loitering, standing,
riding or motoring upon any alley, street, highway,. public
property or private property except as authorized by'the
owner, lessee or person in charge of.such private property.
Persons officially delegated to duty with reference to such
civil emergency and representatives of news media,
physicians, nurses, ambulance operators performing medical
services, utility personnel maintaining essential public
services, firemen and law enforcement officers and other
such personnel as well as those specifically authorized to
duty by duly delegated -authority are exempted from the
foregoing curfew requirements;
(2) BUSINESS CLOSING. The city manager may order the
closing of any business establishments anywhere within the
city, such businesses to include but not be limited to those
selling alcoholic beverages, gasoline or firearms;
(3) ALCOHOLIC BEVERAGES. The city manager may order
that no person shall consume any alcoholic beverages in a
public street or place which is publicly owned or in any
other public or private area on which the consumption of
such alcoholic beverages shall be found by the city manager,
on just cause, to precipitate a clear and present danger to
the well-being of the community during the emergency;
(4) WEAPONS. The city manager may order that no
persons shall carry or possess any gun, bomb, fire bomb,
knife, rock or other such weapon or item, the use of which
would tend to inflict great bodily harm on persons or damage
to property;
(5) The city manager may designate any public street,
thoroughfare or vehicular parking area closed to motor
—31—
vehicles and pedestrian traffic during the course of such an
emergency.
The foregoing specific authorizations of authority
vested in the city manager and other such authorizations as
deemed necessary during such emergencies are declared to be
imminently necessary for the protection of life and property
during such period.
2.20.210 Reauisition of eauipment or personnel.
Once a proclamation of emergency is issued, the city manager
may request the Governor for all necessary assistance,
requisition necessary personnel or materials from any city
department or other source, control and direct all city
personnel and equipment, obtain vital supplies and such
other properties found lacking and needed for the protection
of the life and property of the people, and bind the city
for the fair value thereof, and if required, commandeer
immediately such property, equipment and personnel necessary
for the public use during the term of the emergency.
The city manager may also require emergency services of
any city official or employee and may command the aid of as
many citizens of this city as he determines to be necessary
in the execution of his duties. Such person shall be
entitled to all privileges, benefits and immunities as are
provided by state or local law for registered civil defense
and disaster worker volunteers.
2.20.220 Termination of emergency. Any state of
local emergency proclaimed in accordance with the provisions
of this chapter shall terminate after forty-eight hours from
the issuance thereof or upon the issuance of a proclamation
terminating the emergency by the city manager, whichever
occurs first; provided, however, that such emergencies may
be extended for additional periods of time as termed
obligatory by the city manager.
2.20.230 Penalty for violation. Any person
violating the provisions of this chapter or executive order
issued pursuant hereto is guilty of a misdemeanor.
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Chapter 2.44
PEACE OFFICER TRAINING STANDARDS
ccnt;nna-
2.44.010 Declaration of intent.
2.44.020 Adherence to state standards.
2.44.010 Declaration of
that it desires to qualify
under the provisions of Chapter
the California Penal Code.
intent. The city declares
to receive aid from the state
1, of Title 4, Part 4, of
2.44.020 Adherence to state standards. Pursuant to
Section 13522 of the Chapter 1 referred to in Section
2.44.010, the city while receiving aid from the state
pursuant to the said Chapter 1, will adhere to the standards
for recruitment and training established by the California
Commission on Peace Officer Standards and Training.
Chapter 2.50
ADMINISTRATIVE NANDANUS: STATUTE OF LIMITATIONS
Sections:
2.50.010 Administrative decisions -Judicial review:
Time limits.
2.50.020 Decisions affected.
2.50.010 Administrative decisions -Judicial review:
Time limits. The provisions of Section 1094.6 of the Code
of Civil Procedure of the State are hereby adopted by the
city council, and said provisions are hereby made applicable
in the city as further specified in Section 2.50.020 of this
chapter.
2.50.020 Decisions affected. The provisions of this
chapter shall be applicable to "decisions", as defined by
Section 1094.6 of the Code of Civil Procedure of the State,
that are final on and after November 16, 1981.
SIM
Chapter 2.55
HOLIDAYS OBSERVED BY THE CITY
Sections:
2.55.010 Holidays observed by the City.
2.55.010 Holidays observed by the City. Excluding
those offices which must remain open for the continuation of
essential public services such as police and fire
protection, the public offices of the city shall be closed
on Saturdays and Sundays, and on those holidays enumerated
in Section 6700 et seq. of the Government Code of the State
Other holidays, including but not limited to those
excepted or not authorized above, may be designated by
resolution or ordinance of the city council.
Notwithstanding the foregoing provisions of this
section, the city manager shall be authorized, by
administrative regulation or otherwise, to direct that all
or a portion of the public offices of the city shall remain
open for business, on a full or reduced staff basis, on any
of the days or holidays prescribed above, when he determines
it to be necessary in the public interest so to do.
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Title 3
REVENUE AND FINANCE
Chapters:
3.08 Investment of Moneys and Funds
3.10 Collection of Debts to the City
3.12 Purchases
3.16 Demands and Claims
3.18 Special Gas Tax Street Improvement Fund
3.20 Transfer of Tax Functions
3.22 Real Property Documentary Transfer Tax
3.24 Transient Occupancy Tax
Chapter 3.08
INVESTMENT OF NUNEYS AND FUNDS
Sections:
3.08.010 Investment of city moneys and deposit of.
securities.
3.08.020 Authorized investments.
3.08.030 Sales of securities.
3.08.040 City bonds.
3.08.050 Reports.
3.08.060 Deposits of securities.
3.08.070 Trust fund administration.
3.08.010 Investment of city moneys and deposit of
securities. Pursuant to, and in accordance with, and to
the extent allowed by, Sections 53607 and 53608 of the
Government Code, the authority to invest and reinvest moneys
of the city, to sell or exchange securities, and to deposit
them and provide for their safekeeping, is delegated to the
city treasurer.
3.08.020 Authorized investments. Pursuant to the
delegation of authority in Section 3.08.010, the city
treasurer is authorized to purchase, at their original sale
or after they have been issued, securities which are
permissible investments under any provision of state law
relating to the investing of general city funds, including
but not limited to Sections 53601 and 53635 of the
Government Code, as said sections now read or may hereafter
be amended, from moneys in his custody which are not
required for the immediate necessities of the city and as he
may deem wise and expedient, and to sell or exchange for
—35—
other eligible securities and reinvest the proceeds of the
securities so purchased.
3.08.030 Sales of securities. From time to time the
city treasurer shall sell the securities in which city
moneys have been invested pursuant to this chapter, so that
the proceeds may, as appropriate, be applied to the purchase
for which the original purchase money may have been
designated or placed in the city treasury.
3.08.040 City bonds. Bonds issued by the city and
purchased pursuant to this chapter may be canceled either in
satisfaction of sinking fund obligations or otherwise if
proper and appropriate; provided, however, that said bonds
may be held uncanceled.and while so held may be resold.
3.08.050 Reports. The city treasurer shall make a
monthly report to the city council of all investments made
pursuant to the authority delegated in this chapter.
3.08.060 Deposits of securities. Pursuant to the
delegation of authority in Section 3.08.010, the city
treasurer is authorized to deposit for safekeeping, the
securities in which city moneys have been invested pursuant
to this chapter, in any institution or depository authorized
by the terms of any state law, including but not limited to
Section 53608 of the Government Code as it now reads or may
hereafter- be amended. In accordance with said section, the
city treasurer shall take from such institution or
depository a receipt for the securities so deposited and
shall not be responsible for such securities delivered to
and receipted for by such institution or depository until
they are withdrawn therefrom by the city treasurer.
3.08.070 Trust fund administration. Any
departmental trust fund established by the city council
pursuant to Section 36523 of the Government Code shall be
administered by the city treasurer in accordance with
Sections 36523 and 36524 of the Government Code and any
other applicable provisions of law.
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Chapter 3.10
COLLECTION OF DEBTS TO THE CITY
Sections:
3.10.010 Collection of Debts to the City
3.10.010 Collection of Debts to the City. The
amount of any fee, service charge, utility charge, license,
or tax of any nature whatsoever imposed by this Code or by
any other resolution, ordinance, rule, regulation or in any
other fashion by the City of La Quirta shall be deemed
a civil debt owing to the city. An action may be commenced
in the name of the city in any court of competent
jurisdiction for the collection of the amount of any such
delinquent or unpaid fee, service charge, utility charge,
license, or tax, together with any penalties applicable
thereto as prescribed by this Code or any other enactment.
Such action may also be commenced for the collection of any
other amount or debt determined to be due the city on
account of any contractual obligation or on account of any
tortious act or conduct by any person. The remedy
prescribed by this section shall be cumulative, and the use
of an action to collect such an amount as a debt by civil
action shall not bar the use of any other remedy provided by
this Code or by law for the purpose of enforcing the
provisions thereof.
—37—
Chapter 3.12
1�::T�1:L•�'i��
Sections:
3.12.010 Adoption of purchasing system.
3.12.020 Centralized purchasing divison.
3.12.030 Purchasing agent.
3.12.040 Purchasing regulations.
3.12.050 Exemptions from centralized purchasing.
3.12.060 Estimates of requirements.
3.12.070 Requisitions.
3.12.080 Purchase orders.
3.12.090 Encumbrance of funds.
3.12.100 Inspection and testing.
3.12.110 Bidding.
3.12.120 Formal (sealed) bid procedures.
3.12.130 Notice inviting formal bids.
3.12.140 Published notice for formal bids.
3.12.150 Approved vendors list.
3.12.160 Bulletin board notice.
3.12.170 Bidder's security.
3.12.175 Other formal bond requirements.
3.12.180 Formal bid opening procedure.
3.12.190 Rejection of formal bids.
3.12.200 Award of formal bid contracts..
3.12.210 Tie formal bids.
3.12.215 No formal bids.
3.12.230 Open market or informal bid procedure.
3.12.240 Minimum number of informal bids.
3.12.250 Notice inviting informal bids.
3.12.260 Record of informal bids.
3.12.270 Exceptions to competitive bidding
requirement.
3.12.300 Surplus supplies and equipment.
3.12.310 Surplus supplies --Trade ins.
3.12.320 Surplus supplies --Sale.
3.12.010 Adoption of purchasing system. In order to
establish efficient procedures for the purchase of supplies
and equipment at the lowest possible cost commensurate with
quality needed, to exercise positive financial control over
purchases, to clearly define authority for the purchasing
function and to assure the quality of purchases, a
purchasing system is adopted.
3.12.020 Centralized purchasing division. There is
created a centralized purchasing division in which is vested
authority for the purchase of supplies and equipment.
3.12.030 Purchasing agent. There is created the
position of purchasing agent, who may also be known as the
".
"purchasing officer." He shall be appointed by the director
of finance and general services subject to the approval of
the city manager. The purchasing agent shall be the head
and have general supervision of the purchasing division.
The duties of purchasing agent may be combined with those of
any other office or position. The purchasing agent shall
have the authority to:
(1) Purchase or contract for supplies and equipment
required by any using agency in accordance with purchasing
procedures prescribed by this chapter, such administrative
regulations as the purchasing agent shall adopt for the
internal management and operation of the purchasing division
and such other rules and regulations as shall be prescribed
by the city council or the city manager;
(2) Negotiate and recommend execution of contracts for
the purchase of supplies and equipment;
(3) Act to procure for the city the needed quality in
supplies and equipment at least expense to the city;
(4) Discourage uniform bidding and endeavor to obtain
as full and open competition as possible on all purchases.
(5) Prepare and recommend to the city council rules
governing the purchase of supplies and equipment for the
city;
(6) Prepare and recommend revisions and amendments to
the purchasing rules.
(7) Keep informed of current developments in the field
of purchasing, prices, market conditions and new products.
(8) Prescribe and maintain such forms as are
— reasonably necessary for the operation of this chapter and
other rules and regulations.
(9) Supervise the inspection of all supplies and
equipment purchased to insure conformance with
specifications.
(10) Recommend the transfer of surplus or unused
supplies and equipment between departments as needed.
(11) Maintain an approved vendors list, vendors'
catalogue file and records needed for the efficient
operation of the purchasing division.
3.12.040 Purchasing regulations. The purchasing
agent shall be responsible for determining that the
regulations and procedures in Sections 3.12.050 through
3.12.110 are carried out.
3.12.050 Exemptions from centralized purchasing.
The city manager may authorize, in writing, any department
to purchase specified supplies and equipment independently
of the purchasing division; but he shall require that such
purchases shall be made in conformity with the procedures
established by this chapter and shall further require
periodic reports from the department on the purchases made
under such written authorization.
3.12.060
Estimates
of requirements.
All using
departments
shall file
detailed estimates
of their
requirements
in supplies and
equipment in such
manner, at
—39—
such time, and for such future periods as the purchasing
agent shall prescribe.
3.12.070 Requisitions. Using departments shall
submit requests for supplies and equipment to the purchasing
agent by standard requisition forms, or by other means as
may be established by the purchasing rules and regulations.
3.12.080 Purchase orders. Purchases of supplies and
equipment shall be made only by purchase orders. Except as
otherwise provided herein, no purchase order shall be issued
unless the prior approval of the purchasing agent or his
designated representative has been obtained.
3.12.090 Encumbrance of funds. Except in cases of
emergency, the purchasing agent shall not issue any purchase
order for supplies or equipment unless there exists an
unencumbered appropriation in the fund account against which
said purchase is to be charged.
3.12.100 Inspection and testing. The purchasing
agent shall, in his discretion, inspect supplies and
equipment delivered to determine their conformance with the
specifications set forth in the order. The purchasing agent
shall have authority to require chemical and physical tests
of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and
conformance with specifications.
3.12.110 Bidding. Purchases of supplies and
equipment shall be by bid procedures pursuant to Sections
3.12.120 through 3.12.260. Bidding may be dispensed with
only under conditions stated in Section 3.12.270.
3.12.120 Formal (sealed) bid procedure. Except as
otherwise provided herein, public projects, as defined in
Section 37901 of the California Government Code, and
purchases -of supplies and equipment of an estimated value
greater than five thousand dollars shall be awarded to the
lowest responsible bidder pursuant to the formal bid
procedure hereinafter prescribed.
3.12.130 Notice inviting formal bids. Notices
inviting formal bids shall include a general description of
the article or service desired, shall state where bid
documents and specifications may be secured, and the time
and place for opening bids.
3.12.140 Published notice for formal bids. Notices
inviting formal bids shall be published at least ten days
prior to the date of opening of the bids. Notices shall be
`— published at least once for non-public projects and at least
twice, not less than five days apart for public projects, in
a newspaper of general circulation in the city.
3.12.150 Approved vendors list. The purchasing
agent shall also solicit formal sealed bids from responsible
suppliers whose names are on the approved vendors list, or
who have made written request that their names be added
thereto.
3.12.160 Bulletin board notice. The purchasing
agent shall advertise the pending formal purchases by
posting a notice on the public bulletin board at the city
off ices.
3.12.170 Bidder's security. When a public project
is involved, and in other cases when deemed necessary by the
purchasing agent, formal bids shall be accompanied by
security, either cash, cashier's check, certified check or
surety bond, in a sum equal to ten percent of the total
aggregate of the bid, and shall be designated in the notice
inviting bids. Bidders shall be entitled to return of bid
security; provided, however, that a successful bidder shall
forfeit his bid security upon his refusal or failure to
execute the contract within ten days after the notice of
award of contract has been mailed, unless the city is solely
responsible for the delay in executing the contract. The
city council may, on refusal or failure of the successful
bidder to execute the contract, award it to the next lowest
responsible bidder who is willing to execute the contract,
or may reject all bids and readvertise.
3.12.175 Other formal bond requirements. A faithful
performance bond and labor and material bond shall be
required for all public projects, unless waived by the city
council, in an amount reasonably necessary to protect the
best interests of the city. In addition, the city council
shall have authority to require a faithful performance bond
or other bonds before entering into a contract other than a
public project contract. If bonds are required, the form
and amount thereof shall be designated in the notice
inviting bids.
3.12.180 Formal bid opening orocedure. Sealed bids
shall be submitted to the purchasing agent and shall be
identified as "bids" on the envelope. The purchasing
officer, or designee, shall publicly open all bids at the
time and place stated in the public notices. A tabulation
of all bids received shall be available for public
inspection in the purchasing office during regular business
hours for a period of not less than thirty calendar days
after the bid opening.
3.12.190 Rejection of formal bids. In its
discretion, the city council may reject any and all bids
presented and may cause readvertising for bids pursuant to
the procedure hereinabove prescribed. However, when all
bids exceed the authorized budgeted amount, the city manager
may authorize rejection of all bids and authorize rebidding
-41-
" based upon the original specifications or as they may be
modified, in accordance with procedures prescribed herein.
3.12.200 Award of formal bid contracts. Except as
otherwise provided herein, formal bid contracts shall be
awarded by the city council to the lowest responsible
bidder. The determination of "lowest responsible bidder"
shall be at the discretion of the city council pursuant to
findings and recommendations presented by the purchasing
agent at the time of award of contract.
3.12.210 Tie formal bids. If two or more formal
bids received are for the same total amount or unit price,
quality and service being equal, and if the public interest
will not permit the delay of readvertising for bids, the
city council may in its discretion accept the one it chooses
or accept the lowest bid made by and after negotiation with
the tie bidders at the time of the bid opening or award of
contract.
3.12.215 No formal bids. When no formal bids or no
responsive bids are received, the purchasing officer is
authorized to negotiate for written proposals, and his
recommendation shall be presented to the city manager and
award, if any, shall be made in accordance with applicable
provisions prescribed herein.
3.12.230 Open market or informal bid procedure.
Purchases of supplies and equipment of an estimated value in •
the amount of five thousand dollars or less may be made by
the purchasing agent in the open market pursuant to the
procedure prescribed in Sections 3.12.240 through 3.12.260
and without observing the procedure prescribed in Sections
3.12.120 through 3.12.215; provided, however, all biddino
may be dispensed with for purchases of supplies and
equipment having a total estimated value of less than one
thousand dollars.
3.12.240 Minimum number of informal bids. Open
market purchases shall, wherever possible, be based on at
least three informal bids, and shall be awarded to the
bidder offering the most advantageous bid to the city after
consideration of price, quality, durability, servicing,
delivery time, standardization, and other factors.
3.12.250 Notice inviting informal bids. The
purchasing agent shall solicit informal bids by written
requests to prospective vendors, or by telephone, or by
public notice posted on a public bulletin board at the city
offices.
3.12.260 Record of informal bids. The purchasing
agent shall keep a written record of all open market
purchases and informal bids for a period of one year. This
record, while so kept, shall be open to public inspection.
-42—
3.12.270 Exceptions to competitive bidding
requirement. Notwithstanding any provision of this chapter
to the contrary, the competitive bidding procedures and
requirements may be dispensed with in any of the following
instances!
(1) When the estimated amount involved is less than
one thousand dollars;
(2) When the commodity can be obtained from only one
vendor;
(3) The city manager may authorize the purchase of
materials, supplies, equipment and services where an
emergency is deemed to exist and it is determined that
service involving the public health, safety or welfare would
be interrupted if the normal procedure were followed. All
emergency purchases, which would otherwise require formal
bidding procedures, made pursuant to this section shall be
submitted to the city council for ratification at the next
regular council meeting after the purchase is authorized;
(4) The city council may authorize the execution of
contracts for personal services, for professional and
consultant services, and for other, nonpublic projects and
for contractual services without observing the bidding
procedures provided herein where the amount of the contract
exceeds the value of five thousand dollars;
(5) The city manager is authorized to enter into
contracts for personal services, for professional and
consulting services and for other contractual services
without observing the bidding procedure provided herein
—` where the amount of the contract does not exceed the amount
of five thousand dollars; provided there exists an
unencumbered appropriation in the fund account against which
said expense is to be charged.
(6) Any agreement involving acquisition of supplies,
equipment or service entered into with another governmental
entity.
3.12.280 Regulations re selection of contract
services. The city council shall by resolution prescribe
procedures, rules and regulations governing the
solicitation, selection and award of proposals or bids for
the furnishing of personal services or professional or
consulting services or for other contractual services, the
contracts for which may be awarded without observing the
bidding procedures provided for in this chapter. Such
procedures, rules and regulations shall have as one purpose
the obtaining of contractural services of the highest
quality together with cost-effectiveness.
3.12.300 Surplus supplies and equipment. All using
departments shall submit to the purchasing agent, at such
times and in such forms as he shall prescribe, reports
showing all supplies and equipment which are no longer used
or which have become obsolete and worn out.
3.12.310 Surplus supplies --Trade ins. The
purchasing agent shall have authority to exchange for or
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trade in on new supplies and equipment all supplies and
equipment which cannot be used by any department or which
have become unsuitable for city use.
3.12.320 Surplus supplies --Sale. The purchasing
agent shall also have authority, subject to approval of the
city manager, to dispose of surplus supplies or equipment by
auction or by sale or otherwise after receiving bids or
proposals which, in his judgment, provide the maximum return
to the city.
Chapter 3.16
DEMANDS AND CLAIMS'
Sections:
3.16.010 Claims for money or damages.
3.16.020 Auditing prerequisite to payment.
3.16.030 Forms --Blanks for demands.
3.16.040 Departmental approval of claims.
3.16.050 Approval by director of finance and general
services.
3.16.060 Prepayment of demands.
3.16.070 Register of. demands.
3.16.080 City council approval.
3.16.090 Record of approved demands.
3.16.010 Claims for money or damages. As a
prerequisite to bringing suit thereon against the city or
any officer, department, commission or board of the city,
any claim for money or damages (including claims which would
otherwise be excepted by Section 905 of the Government Code
of California) which is not governed by any other statutes
or regulations expressly relating thereto, shall be
presented and acted upon in accordance with Title 1,
Division 3.6, Part 3, Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910), of the
Government Code of California. This section shall relate
only to the bringing of suit upon any claim, and shall not
be deemed to apply to the authority of the director of
finance and general services, the city council, and other
officers to process and pay, in the ordinary course of
business, the just obligations of the city, such as routine
salaries and wages, principal and interest on bonds,
payments for purchases, and other like expenditures for
which there is an express budget appropriation, and in
connection with which there is no dispute as to the
obligation and amount being payable.
3.16.020 Auditing prerequisite to payment. No
payment shall be made from the city treasury or out of the
WNM
funds of the city unless the demand which is to be paid is
duly audited as prescribed herein or by other provisions of
law.
3.16.030 Forms --Blanks for demands. Claims against
the city shall be paid on demands on the treasury as herein
provided on forms to be prescribed by the director of
finance and general services.
3.16.040 Departmental approval of claims. Except
for tort claims, every claim and demand received against the
city shall be first presented to and approved in writing by
the receiving department or office, which shall certify to
the actual delivery or rendition of the supplies, materials,
property or service for which payment is claimed; that the
quality and prices correspond with the original specifica-
tions and contracts, if any, upon which the claim is based;
that the demand in all other respects is proper and valid,
and which shall further indicate the budgetary account to
which said demand is to be charged.
3.16.050 Approval by director of finance and general
services. Each demand approved by the receiving department
or office shall be presented to the director of finance and
general services who shall satisfy himself whether:
(1) The claim is legally due and owing by the city;
(2) There are budgeted or otherwise appropriated funds
available to pay said claim;
(3) The claim conforms to a valid requisition or
order;
(4) The prices and computations shown on the claim are
verified;
5) The claim contains the approval of other
departments and officials as required.
3.16.060 Prepayment of demands. (a) Prepayment of
demands prior to audit by the finance committee and the city
council may be made by the director of finance and general
services in conformity with the authority provided by
Section 37208 of the Government Code of the state.
(b) Whenever the director of finance and general
services determines that a refund is due of fees, taxes or
other receipts collected in error or in advance of being
earned, or of money the refund of which is otherwise due
pursuant to specific provisions of this code or of any other
ordinance of this city, then env such refund shall be deemed
as conforming to the currently approved budget, and may be
prepaid in the same fashion as other demands encompassed
within the terms of subsection (a) of this section.
3.16.070 Register of demands. Following audit of
demands the director of finance and general services shall
prepare a register of audited demands showing the claimant's
name, amount of demand, the warrant number and date thereof,
and transmit said register to the city manager for his
-45-
review and presentation to the finance committee and the
city council, with his approval or other report.
_. 3.16.080 City council approval. The register of
demands shall be presented to the city council at the next
regular meeting thereof. The city council may by resolution
approve, conditionally or partially approve or reject such
register of demands and in connection therewith consider the
recommendations of the finance committee and the city
manager.
3.16.090 Record of approved demands. Following
approval of the register of demands by the city council, the
chairperson of the finance committee and the city manager
shall endorse the resolution approving the register of
audited demands to signify there was proper processing of
demands therein before the city council took action.
Chapter 3.18
SPECIAL GAS TAX STREET IMPROVEMENT FUND
Sections:
— 3.18.010 Created.
3.18.020 Moneys included.
3.18.030 Expenditures.
3.18.010 Created. To comply with the provisions of
Section 2113 of the Streets and Highways Code of California
and to avail the city of its benefits of Sections 2106 and
2107 of said Code, there is hereby created in the city
treasury a special fund to be known as the "Special Gas Tax
Street Improvement Fund."
3.18.020 Moneys included. All moneys received by
the city from the State of California under the provisions
of the Streets and Highways Code for the aquisition of real
property or interests therein, or for engineering, or for
the construction, maintenance and improvement of streets or
highways by the city shall be paid into said fund.
3.18.030 Expenditures. All moneys in said fund
shall be expended exclusively for the purposes authorized by
and subject to the provisions of the Streets and Highways
Code of California.
0
Chapter 3.20
TRANSFER OF TAX FUNCTIONS
Sections:
3.20.010 Assessment and collection of city taxes by
county.
3.20.010 Assessment and collection of city taxes by
county. Pursuant to, and in compliance with Section 51501
of the Government Code of the State of California, the
assessment and tax collection duties which otherwise might
be performed by a city assessor and tax collector are
transferred to the Assessor and Tax Collector of the County
of Riverside.
Chapter 3.22
REAL PROPERTY DOCIU%,ENTARY TRANSFER TAX
Sections:
3.22.010 Short title --Adoption.
3.22.020 Imposition --Rates.
3.22.030 Payment.
3.22.040 Tax inapplicable to instruments in writing
to secure depts.
3.22.050 Government and its agencies not liable.
3.22.060 Tax inapplicable to conveyances to make
effective plan of reorganization or
adjustment.
3.22.070 Tax inapplicable to make effective order of
Securities and Exchange Commission.
3.22.080 Partnerships.
3.22.090 Administration.
3.22.100 Claims for refund.
3.22.010 Short title --Adoption. This chapter shall
be known as the "real property transfer tax ordinance of the
city." It is adopted pursuant to the authority contained in
Part 6.7 ;commencing with Section 11901) of Division 2 of
the Revenue and Taxation Code of the state.
— 3.22.020 Imposition --Rates. There is imposed on
each deed, instrument or writing by which any lands,
tenements, or other realty sold within the city shall be
granted, assigned, transferred or otherwise conveyed to, or
vested in, the purchaser or purchasers, or any other person
-47-
or persons, by
consideration or
(exclusive of the
remaining theron
dollars, a tax at
cents for each f
thereof.
his or their direction, when the
value of the interest or property conveyed
value of any lien or encumberances
at the time of sale) exceeds one hundred
the rate of twenty-seven and one-half
ive hundred dollars or fractional part
3.22.030 Payment. Any tax imposed pursuant to
Section 3.22.020 shall be paid by any person who makes,
signs or issues any document or instrument subject to the
tax, or for whose use or benefit the same is made, signed or
issued.
3.22.040 Tax inapplicable to instruments in writing
to secure debts. Any tax imposed pursuant to this chapter
shall not apply to any instrument in writing given to secure
a debt.
3.22.050 Government and its agencies not liable.
The United States or any agency or instrumentality thereof,
any state or territory, or political subdivision thereof, or
the District of Columbia shall not be liable for any tax
imposed pursuant to this chapter with respect to any deed,
instrument or writing to which it is a party, but the tax
may be collected by assessment from any other party liable
therefor.
3.22.060 Tax inapplicable to conveyances to make
effective plan of reorganization or adjustment. Any tax
imposed pursuant to this chapter shall not apply to the
making, delivering or filing of conveyances to make
effective any plan of reorganization or adjustment:
(1) Confirmed under the Federal Bankrupcy Act, and
amended;
(2) Approved in an equity receivership
in a court involving a railroad corporation, as
subdivision (m) of Section 205 of Title 11 of
States Code, as amended; or
(3) Approved in an equity receivership
in a court involving a corporation, as
subdivision (3) of Section 506 of Title 11 of
States Code, as amended; or
(4) Whereby a mere change in
place of organization is effected.
proceeding
defined in
the United
proceeding
defined in
the United
identity, form or
Subdivision (1) to (4), inclusive, of this section
shall only apply if the making, delivery or filing of
instruments of transfer or conveyances occurs within five
years from the date of such confirmation, approval or
change.
3.22.070 Tax inapplicable to make effective order of
Securities and Exchange Commission. Any tax imposed
pursuant to this chapter shall not apply to the making or
delivery of conveyances to make effective any order of the
!M:
Securities and Exchange Commision, as defined in subdivision
a. of Section 1083 of the Internal Revenue Code of 1954; but
only if:
(1) The order of the Securities and Exchange
Commission in obedience to which such conveyance is made
recites that such conveyance is necessary or appropriate to
effectuate the provisions of Section 79k of Title 15 of the
United States Code, relating to the Public Utility Holding
Company Act of 1935;
(2) Such order specifies the property which is
ordered to be conveyed;
(3) Such conveyance is made in obedience to such
order.
3.22.080 Partnerships. (a) In the case of any
realty held by a partnership, no levy shall be imposed
pursuant to this chapter by reason of any transfer of an
interest in a partnership or otherwise, if;
(1) Such partnership (or another partnership) is
considered a continuing partnership within the meaning of
Section 708 of the Internal Revenue Code of 1954; and
(2) Such continuing partnership continues to hold
the realty concerned.
(b) If there is a termination `of any partnership
within the meaning of Section 708 of the Internal Revenue
Code of 1954, for purposes of this chapter, such partnership
shall be treated as having executed an instrument whereby
there was conveyed, for fair market value (exclusive of the
_— value of any lien of encumberances remaining thereon), all
realty held by such partnership at the time of such
termination.
(c) Not more than one tax shall be imposed pursuant to
this chapter by reason of a termination described in
subdivision (b), and any transfer pursuant thereto, with
respect to the realty held by such partnership at the time
of the such termination.
3.22.090 Administration. The county recorder shall
administer this chapter in conformity with the provisions of
Part 6.7 of Division 2 of the Revenue and Taxation Code and
the provisions of any county ordinance adopted pursuant
thereto.
3.22.100 Claims for refund. Claims for refund of
taxes imposed pursuant to this chapter shall be governed by
the provisions of Chapter 5 (commencing with Section 5096
of Part 9 of Division 1 of the Revenue and Taxation Code of
the State of California.
—49—
Chapter 3.24
TRANSIENT OCCUPANCY TAX
Sections:
3.24.010 Short title.
3.24.020 Definitions.
3.24.030 Tax imposed.
3.24.040 Exemptions.
3.24.050 Operator's duties.
3.24.060 Registration.
3.24.070 Returns and remittances.
3.24.080 Reporting and remitting.
3.24.090 Cessation of business.
3.24.100 Delinquency.
3.24.110 Fraud.
3.24.120 Failure to collect and report tax --
Determination of tax administrator.
3.24.130 Appeal.
3.24.140 Records.
3.24.150 Refunds.
3.24.160 Revocation of permit.
3.24.170 Closure of hotel without permit.
3.24.180 Recording certificate --Lien.
3.24.190 Priority and lien of tax.
3.24.200 Warrant for collection of tax.
3.24.210 Seizure and sale.
3.24.220 Successor's liability --Withholding by
purchase.
3.24.230 Liability of purchaser --Release.
3.24.240 Responsibility for payment.
3.24.250 Withhold notice.
3.24.260 Violations --Misdemeanor.
3.24.270 Extension of time.
3.24.280 Divulging of information forbidden.
3.24.290 Agreement with county.
3.24.010 Short title. The short title of this
chapter shall be the "transient occupancy tax ordinance."
3.24.020 Definitions. Except where the context
otherwise requires, the definitions given in this section
shall govern the construction of this chapter:
(1) "Hotel" means any structure, or any portion of any
structure, which is occupied or intended or designed for use
or occupancy by transients, including but not limited to
dwelling, lodging or sleeping purposes, and includes any
hotel, inn, tourist home or house, motel, studio hotel,
bachelor hotel, lodging house, rooming house, apartment
house, time-share project or facility, dormitory, public or
private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof,
Wo
duplex, triplex, single-family dwelling units except any
private dwelling house or other individually owned
single-family dwelling house unit rented only occasionally
(infrequently) and incidentally to the normal occupancy by
the owner or his family; provided that the burden of
establishing that the housing or facility is a hotel as
defined herein shall be upon the owner or operator thereof
who shall file with the tax administrator such information
as the tax administrator may require, to establish and
maintain such status.
(2) "Occupancy" means the use or possession, or the
right or entitlement to the use or possession, of any hotel,
room, rooms or any portion thereof offered for rent to be
used or occupied for dwelling, lodging or sleeping purposes
regardless of the purpose for which such rooms are rented or
provided.
(3) "Operator" means the person who is proprietor of
the hotel whether in the capacity of owner, lessee,
sub -lessee, mortgagee in possession, licensee, time-share
project or facility manager or operator, or in any other
capacity. Where the operator performs his or its functions
through a managing agent of any type or character, the
managing agent shall also be deemed an operator for the
purpose of this chapter, and shall have jointly and
severally the same duties and liabilities as the principal.
Compliance with the provisions of this chapter by either the
principal or the managing agent shall, however, be
considered to be compliance by both.
(4) :Person" means any individual, firm, partnership,
joint venture, association, social club, fraternal
organization, joint stock company, corporation, estate,
trust, business trust, receiver, trustee, syndicate, or any
other group or combination acting as a unit.
(5) "Rent" means the amount of the consideration
charged or chargeable to the tenant or person entitled to
occupancy, for the occupancy of space, valued in money
whether received in money, goods, labor or otherwise,
including the full value of receipts, cash, credits,
property or services of any kind or nature, without any
deduction whatsoever. "Rent" may have been, or may be in
part, payable or paid prior to or following (in whole or in
part) the occupancy to which it is attributable, and may
have been paid in whole or in part in advance on a long-term
basis, such as in a time-share project or similar
arrangement. It is not the intent of this subsection to
make the operator liable for the tax on uncollected rent.
However, uncollected rent must be reported.
(6) "Tax administrator" means the city manager or his
designated agent, whether a city employee or county officer
or employee.
(7) "Time-share occupancy" means occupancy related to
the situation wherein a purchaser receives the right or
entitlement in perpetuity, for life, or for a term of years
or other extended term, to the recurrent, exclusive use or
occupancy of a lot, parcel, unit, room(s), hotel or portion
thereof, or segment of real property, annually or on some
—51—
other seasonal or periodic basis, for a period of time that
has been or will be allotted from the use or occupancy
periods into which the time-share project which is involved
has been divided. The said right or entitlement to
occupancy may attach in advance to a specific lot, parcel,
unit, room(s), or portion of a hotel, or segment of real
property, or may involve designation or selection of the
same at a future time or times.
(8) "Transient" means any person who exercises
occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license, time-share
arrangement or ownership or agreement, or other agreement of
whatever nature, for a period of thirty consecutive calendar
days or less, counting portions of calendar days as full
days. Any person so occupying space in a hotel shall be
deemed to be a transient if his actual total period of
occupancy does not exceed thirty days. Unless days of
occupancy or entitlement to occupancy by one person are
consecutive without any break, then prior or subsequent
periods of such occupancy or entitlement to occupancy shall
not be counted when determining whether a period exceeds the
stated thirty calendar days.
3.24.030 Tax imposed. For the privilege of
occupancy in any hotel, each transient is subject to, and
shall pay a tax in the amount of eight percent of the rent
charged by the operator or otherwise payable by the I
transient. Insofar as the transient is concerned, said tax
constitutes a debt owed.by the transient to the operator or
to the city. For the purposes of this section, the rent
deemed payable on account of time-share occupancy by a
transient shall be the rental value of the unit or rooms)
which accommodated such occupancy, which rental value shall
be computed by determining the pro rata share of the total
purchase price of the time-share right or entitlement
;whether or not involving an estate or any ownership in real
property), which share is allocable to the period of
transient occupancy currently involved, and adding thereto
the total applicable operating costs including, but not
limited to, the applicable real and personal property taxes,
plus the total amount of any and all fees, assessments,
charges and expenses (not including the previously referred
to taxes) charged by the operator as attributable to the
time-share occupany of the transient by whatever name such
fees, assessments, charges or expenses may be denominated,
whether "occupying fee," "maintenance or operations charge,"
"per diem fee," "management fee" or like name or otherwise.
In making the computation referred to above of the pro rate
share of the total purchase price, in any case wherein the
time-share right or entitlement is in perpetuity or for life
or otherwise not for a definite or ascertainable term, such
pro ration shall be made upon an assumed term of forty
years.
upon:
3.24.040 Exemptions. (a) No tax shall be imposed
-52-
(1) Any person as to whom or any occupancy as to
which it is beyond the power of the city to impose the tax
herein provided;
_ (2) Any officer or employee of a foreign
government who is exempt by reason of express provision of
federal law or international treaty.
(b) No exemptions shall be granted except upon a claim
therefor made at the time the rent is collected and under
penalty of perjury upon a form prescribed by the tax
administrator.
3.24.050 Operator's duties. Each operator shall
collect the tax imposed by this chapter to the same extent
and at the same time as the rent is collected from every
transient. The amount of the tax shall be separately stated
from the amount of the rent charged. No operator of a hotel
shall advertise or state in any manner, whether directly or
indirectly, that the tax or any part thereof will be assumed
or absorbed by the operator; or that it will not be added to
the rent; or that, if added, any part will be refunded
except in the manner hereinafter provided.
3.24.060 Registration. (a) Every person desiring
to engage in or conduct business as operator of a hotel
renting to transients within the city shall file with the
tax administrator an application for a transient occupancy
registration permit for each place of business. Every
application for such a permit shall be made upon a form
prescribed by the tax administrator and shall set forth the
name under which the applicant transacts or intends to
transact business, the location of his place of business and
such other information as the tax administrator may require.
The application shall be signed by the owner if a natural
person, by a member or partner, if an association or
partnership, by an executive officer or some person
specifically authorized by the corporation to sign the
application in the case of a corporation. The transient
occupancy registration permit must be in effect at all times
while the business is in operation and shall be at all times
posted in a conspicuous place on the premises. Said permit
shall, among other things, state the following:
(1) Name of hotel;
(2) Name of operator;
(3) Hotel address;
(4) The date upon which the permit was issued;
(5) "This Transient Occupancy Registration Permit
signifies that the person named on the face hereof has
fulfilled the requirements of the Transient Occupancy Tax
Chapter by registering with the Tax Administrator for the
purpose of collecting from transients the Transient
Occupancy Tax and remitting said tax to the Tax
Administrator. This Permit does not authorize any person to
conduct any unlawful business in an unlawful manner, nor
operate a hotel without strictly complying with all
applicable laws, including but not limited to those
requiring a permit from any board, commission, department or
—53—
office of this City. This Permit does not apply in lieu of
such other permits which are otherwise required."
(b) At the time of making an application for a
_ registration permit, the applicant shall pay a registration
fee of five dollars for each permit issued.
3.24.070 Returns and remittances. The tax imposed
under Section 3.24.030 is:
(1) Due to the tax administrator at the time it is
collected by the operator; and
(2) Becomes delinquent and subject to penalties if not
received by the tax administrator on or before the last
working day of the month following the close of each
calendar month.
3.24.080 Reporting and remitting. Each operator
shall, on or before the last working day of the month
following the close of each calendar month, file a return
with the tax administrator on the forms provided by him, of
the total rents charged or chargeable as provided in Section
3.24.030, whether or not received, including any rentals
charged for occupancies exempt under the provisions of
Sections 3.24.020(7) and 3.24.040 and the amount of tax
collected for transient occupancies. Each such return shall
contain a declaration under penalty of perjury, executed by
the operator or his authorized agent, that to the best of
the signator's knowledge, the statements in the return are
true, correct and complete. Amounts claimed on the return
as exempt from the tax pursuant to Sections 3.24.020(7),
3.24.040 and 3.24.150 shall be fully itemized and explained
on the return or supporting schedule. In determining the
amount of "taxable receipts" on the tax return, "rent" as
defined in Section 3.24.020(5), may not be reduced by any
business expenses including but not limited to the amount of
service charges deducted by credit card companies or
commissions paid to travel agencies. At the time the return
is filed, the tax fixed at the prevailing transient
occupancy tax rate for the amount of rentals charged or
chargeable, which are not exempt from tax under Sections
3.24.020(7), 3.24.040 and 3.24.150 shall be remitted to the
tax administrator. The tax administrator may establish
other reporting periods and may require a cash deposit or
bond or a separate trust fund bank account for any permit
holder if he deems it necessary in order to insure
collection of the tax and he may require further information
in the return. All taxes collected by operators pursuant to
this chapter shall be held in trust for the account of the
city until remittance thereof is made to the tax
administrator.
3.24.090 Cessation of business. Each operator shall
notify the tax administrator, ten days prior to the sale or
T cessation of business for any reason and returns and
remittances are due immediately upon the sale or cessation
of business.
—54—
3.24.100 Delinquency. Any operator who fails to
remit any tax to the city or any amount of tax required to
be collected and remitted to the city including amounts
- — based on determination made by the tax administrator under
Section 3.24.120, within the time required, shall pay a
penalty of ten percent of the tax or amount of the tax in
addition to the tax or amount of tax plus interest at the
rate of one-half percent per month, or fraction thereof,
from the date on which the tax or the amount of tax required
to be collected becomes delinquent until the date of
remittance or payment. Any operator who fails to pay any
penalty imposed under this section within ten days after
receipt of notice thereof shall pay interest thereon at the
rate of one-half of one percent per month, or fraction
thereof from the date on which the penalty becomes due and
payable to the city until the date of payment.
3.24.110 Fraud. If the tax administrator determines
that the failure to make any remittance or payment due under
this chapter is due to fraud, a penalty of one hundred
percent of the amount of the tax and penalties shall be
added thereto in addition to the penalties stated in Section
3.24.100.
3.24.120 Failure to collect and report tax --
Determination of tax by tax administrator. If any operator
fails or refuses to collect said tax and to make, within the
time provided in this chapter, any report and remittance of
said tax or any portiorf thereof required by this chapter,
the tax administrator shall proceed in such manner as he may
deem best to obtain facts and information on which to base
his estimate of the tax due. As soon as the tax
administrator procures such facts and information as he is
able to obtain upon which to base the assessment of any tax
imposed by the chapter payable by any operator who has
failed or refused to collect the same and make such report
and remittance, he shall proceed to determine and assess
against such operator the tax, interest and penalties
provided for by this chapter. In case such determination is
made, the tax administrator shall give a notice of the
amount so assessed by serving it personally or by depositing
it in the United States mail, postage prepaid, addressed to
the operator so assessed at his last known address. Such
operator may within ten days after the serving or mailing of
such notice make application in writing to the tax
administrator for a hearing on the amount assessed. If
application by the operator for a hearing is not made within
the time prescribed, the tax, interest and penalties, if
any, determined by the tax administrator shall become final
and conclusive and immediately due and payable. If such
application is made, the tax administrator shall give not
less than five days written notice in the manner prescribed
herein to the operator to show cause at a time and place
fixed in said notice why said amount specified therein
should not be fixed for such tax, interest and penalties.
At such hearing, the operator may appear and offer evidence
—55—
why such specified tax, interest and penalties should not be
so fixed. After such hearing the tax administrator shall
determine the proper tax to be remitted and shall thereafter
give written notice to the person in the manner prescribed
herein of the determination and the amount of such tax,
interest and penalties. The amount determined to be due
shall be payable after fifteen days unless an appeal is
taken as provided in Section 3.24.130.
3.24.130 Appeal. Any operator aggrieved by any
decision of the tax administrator with respect to the amount
of any tax, interest and penalties, if any, may appeal to
the city council by filing a notice of appeal with the city
clerk within fifteen days of serving of the assessment or
determination of tax and penalties, if any, due. The city
council shall fix a time and place for hearing the appeal,
and the city clerk shall give notice in writing to the
operator at his last known address. The findings of the
city council shall be final and conclusive and shall be
served upon the appellant in the manner prescribed above for
service of notice of hearing. Any amount found to be due
shall be immediately due and payable upon the service of
notice.
3.24.140. Records. It
operator liable for the
city of any tax imposed
preserve, in the city, for
in such form as the tax
determine the amount of
shall have the right to
reasonable times and may
operator who refuses to make
shall be the duty of every
collection and remittance to the
by this chapter to keep and
a period of three years, records
administrator may require to
such tax. The tax administrator
inspect such records at all
subpoena the records of any
them available for examination.
3.24.150 Refunds. (a) Whenever the amount of any
tax, interest or penalty has been overpaid or paid more than
once or has been erroneously or illegally collected or
received by the city under this chapter, it may be refunded
as provided in subparagraphs ;b' and (c) of this section,
provided a claim in writing therefor, stating under penalty
of perjury the specific grounds upon which the claim is
founded, is filed with the tax administrator within three
years of the date of payment. The claims shall be on forms
furnished by the tax administrator.
(b) An operator may claim a refund or take as credit
against taxes collected and remitted the amount overpaid,
paid more than once or erroneously or illegally collected or
received when it is established in a manner prescribed by
the tax administrator that the person from whom the tax has
been collected was not a transient; provided, however, that
neither a refund nor a credit shall be allowed unless the
amount of the tax so collected has either been refunded to
the person or credited to rent subsequently payable by the
person to the operator.
(c) A transient may obtain a refund of taxes overpaid
or paid more than once erroneously or illegally collected or
5{-
received by the city by filing a claim in the manner
provided in subparagraph (a) of this section, but only when
the tax was paid by the transient directly to the tax
administrator, or when the transient having paid the tax to
the operator, establishes to the satisfaction of the tax
administrator that the transient has been unable to obtain a
refund from the operator who collected the tax.
(d) No refund shall be paid under the provisions of
this section unless the claimant establishes his right
thereto by written records.
3.24.160 Revocation of permit. Whenever any
operator fails to comply with any provision of this chapter
relating to occupancy tax or any rule or regulation of the
tax administrator relating to occupancy tax prescribed and
adopted under this chapter, the tax administrator upon
hearing, after giving the operator ten days' notice in
writing specifying the time and place of hearing and
requiring him to show cause why his permit or permits should
not be revoked, may suspend or revoke any one or more of the
permits held by the operator. The tax administrator shall
give to the operator written notice of the suspension or
revocation of any of his permits. The notices herein
required may be served personally or by mail in the manner
prescribed for service of notice of a deficiency
determination. The tax administrator shall not issue a new
permit after the revocation of a permit unless he is
.satisfied that the former holder of the permit will comply
with the provisions of this chapter relating to the
occupancy tax and regulations of the tax administrator.
3.24.170 Closure of hotel without permit. During
any period of time during which a permit has not been
issued, or is suspended, revoked or otherwise not validly in
effect, the tax administrator may require that the hotel be
closed.
3.24.180 Recording certificate --Lien. if any amount
required to be remitted or paid to the city under this
chapter is not remitted or paid when due, the tax
administrator may, within three years after the amount is
due, file for record in the office of the Riverside County
recorder a certificate specifying the amount of tax,
penalties and interest due, the name and address as it
appears on the records of the tax administrator of the
operator liable for the same and the fact that the tax
administrator has complied with all provisions of this
chapter in the determination of the amount required to be
remitted and paid. From the time of the filing for record,
the amount required to be remitted together with penalties
and interest constitutes a lien upon all real property in
the county owned by the operator or afterwards and before
the lien expires acquired by him. The lien has the force,
effect and priority of a judgment lien and shall continue
for ten years from the time of filing of the certificate
unless sooner released or otherwise discharged.
—57—
3.24.190 Priority and lien of tax. (a) The amounts
required to be remitted and/or paid by any operator under
this chapter with penalties and interest shall be satisfied
first in any of the following cases:
(1) Whenever the person is insolvent;
(2) Whenever the person makes a voluntary
assignment of his assets;
(3) Whenever the estate of the person in the hands
of executors, administrators, or heirs is insufficient to
pay all the debts due from the deceased;
(4) Whenever the estate and effects of an
absconding, concealed or absent person required to pay any
amount under this chapter are levied upon by process law.
This chapter does not give the city a preference over any
recorded lien which attached prior to the date when the
amounts required to be paid became a lien.
(b) The preference given to the city by this section
shall be subordinate to the preferences given to claims for
personal services by Sections 1204 and 1206 of the Code of
Civil Procedure.
3.24.200 Warrant for collection of tax. At any time
within three years after any operator is delinquent in the
remittance or payment of any amount herein required to be
remitted or paid or within three years after the last
recording of a certificate under Section 3.24.160, the tax
administrator may issue a warrant for the enforcement of any
liens and for the collection of any amount required to be
paid to the city under this chapter. The warrant shall be
directed to any sheriff, marshal, or constable and shall
have the same effect as a writ of execution. The warrant
shall be levied and sale made pursuant to it in the same
manner with the same effect as a levy of and a sale pursuant
to a writ of execution. The tax administrator may pay or
advance to the sheriff, marshal, or constable the same fees,
commissions and expenses for his services as are provided by
law for similar services pursuant to a writ of execution.
The tax administrator, and not the court, shall approve the
fees for publication in a newspaper.
3.24.210 Seizure and sale. At any time within three
years after any operator is delinquent in the remittance or
payment of any amount, the tax administrator may forthwith
collect the amount in the following manner. The tax
administrator shall seize any property, real or personal, of
the operator and sell the property, or a sufficient part of
it, at public auction to pay the amount due together with
any penalties and interest imposed for the delinquency and
any costs incurred on account of the seizure and sale. Any
seizure made to collect occupancy taxes due shall be only of
property of the operator not exempt from execution under the
provisions of the Code of Civil Procedure.
3.24.220 Successor's liability --Withholding by
purchaser. If any operator liable for any amount under
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this chapter sells out his business or quits the business,
his successor or assigns shall withhold sufficient of the
purchase price to cover such amount until the former owner
produces a receipt from the tax administrator showing that
it has been paid or a certificate stating that no amount is
due.
3.24.230 Liability of purchaser --Release. If the
purchaser of a hotel fails to withhold purchase price as
required, he shall become personally liable for the payment
of the amount required to be withheld by him to the extent
of the purchase price, valued in money. Within sixty days
after receiving a written request from the purchaser for a
certificate, or within sixty days from the date the former
owner's records are made available for audit, whichever
period expires the later, but in any event not later than
ninety days after receiving the request, the tax
administrator shall either issue the certificate or mail
notice to the purchaser at his address as it appears on the
records of the tax administrator of the amount that must be
paid as a condition of issuing the certificate. Failure of
the tax administrator to mail the notice will release the
purchaser from any further obligation to withhold purchase
price as above provided. The time within which the
obligation of the successor may be enforced shall start to
run at the time the operator sells his business or at the
time that the determination against the operator becomes
final, whichever event occurs the later.
-- 3.24.240 Responsibility for payment. Any tax
required to be paid by any transient under the provisions of
this chapter shall be deemed a debt owed by the transient to
the city. Any such tax collected by an operator which has
not been remitted to the city is a fiduciary obligation of
the operator to the city and collectible in the same manner
as a debt. Any person oviing money to the city under the
provisions of this chapter shall be liable to an action
brought in the name of the City of La Quinta for the
recovery of such amount.
3.24.250 Withhold notice. If any person or operator
is delinquent in the remittance or payment of the amount
required to be remitted or paid by him or in the event a
determination has been made against him for the remittance
of tax and payment of the penalty, the city may, within
three years after the tax obligation became due, give notice
thereof personally or by registered mail to all persons,
including the state or any political subdivision thereof,
having in their possession or under their control any
credits or other personal property belonging to the
taxpayer. After receiving the withholding notice, the
person so notified shall make no disposition of the
_ taxpayer's credits, othes personal property or debts until
the city consents to a transfer or disposition or until
sixty days elapse after the receipt of the notice, whichever
expires earlier. All persons, upon receipt of said notice,
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shall advise the city immediately of all such credits, other
personal property or debts in their possession, under their
control or owing by them. If such notice seeks to prevent
_ the transfer or other disposition of a deposit in a bank or
other credits or personal property in the possession or
under the control of the bank, to be effective the notice
shall be delivered or mailed to the branch or office of such
bank at which such deposit is carried or at which such
credits or personal property is held. If any person so
notified makes transfer or disposition of the property or
debts required to be held hereunder during the effective
period of the notice to withhold, he shall be liable to the
city to the extent of the value of the release up to the
amount of the indebtedness owed by the taxpayer to the city.
3.24.260 Violations --Misdemeanor. (a) Except for
failure of an operator to pay to the tax administrator taxes
collected under this chapter which is punishable as a felony
pursuant to Section 424 of the Penal Code, every violation
of this chapter is a misdemeanor and punishable by a fine
not exceeding $500 or imprisonment in the county }ail for
not more than 6 months or by both such fine and
imprisonment.
(b) If such offense is not otherwise punishable as
mentioned in (a) above, any person willfully failing to
comply with, or knowingly violating, any of the provisions
of this chapter shall be guilty of a misdemeanor.
(c) Any operator or other person who willfully fails
or refuses to register as required herein, or to furnish any
return required to be made, or who fails or refuses to
furnish a supplemental return or other data required by the
tax administrator, or who renders a false or fraudulent
return or claim is guilty of a misdemeanor. Any person
required to make, render, sign or verify any report or claim
who willfully makes any false or fraudulent report or claim
with intent to defeat or evade the 'determination of any
amount due required by this chapter to be made, is guilty of
a misdemeanor.
3.24.270 Extension of time. The tax administrator,
for good cause, may extend for not to exceed one month the
time for making any return or paying any, amount required to
be paid under this chapter. The extension may be granted at
any time, provided a request therefor is filed with the tax
administrator within or prior to the period for which the
extension may be granted. Any person to whom an extension
is granted shall pay, in addition to the tax, interest at
the rate of one percent per month or fraction thereof, from
the date on which the tax would have been due without the
extension until the date of payment.
_ 3.24.280 Divulging of information forbidden. It is
unlawful for any person having an administrative duty under
this chapter to make known in any manner whatever the
business affairs, operations, or information obtained by an
investigation of the records of any operator or any other
.M
person visited or examined in the discharge of official
duty, or the amount or source of income, profits, losses,
expenditures, or any particular thereof, set forth or
— disclosed in any return, or to knowingly permit any return
or copy thereof or any abstract or particulars thereof to be
seen or examined by any person. Successors, receivers,
trustees, executors, administrators, assignees and
guarantors, if directly interested, may be given information
as to the items included in the amounts of any unpaid tax or
amounts of tax, penalties and interest required to be
collected.
3.24.290 Agreement with county. The city is
empowered to enter into a joint powers agreement with other
cities and the county of Riverside, and if such agreement or
agreements can be made wherein central collection for the
county of Riverside is provided, then it shall be done upon
approval by the city council.
SECTION 2. Posting.
Within fifteen days after the passage of this
ordinance, the city clerk shall have it posted in the three
(3) public places designated by resolution of the council.
SECTION 3. Urgency
This ordinance is an urgency ordinance and is for the
immediate preservation of the public peace, health, and
safety. The facts constituting the urgency are these: The
City of La Quinta is newly incorporated and it
comprises territory formerly unincorporated. It is
necessary that this ordinance take effect immediately in
order to provide a municipal code having a scheme of
classification for the grouping of ordinances as they are
adopted, and more importantly, to provide a basic
administrative framework of rules and regulations under
which the fundamental operations of the newly established
municipal government can be conducted.
This ordinance accordingly shall
immediately.
take effect
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The foregoing ordinance was introduced, adopted, and
ordered published at a meeting of the council held on
— — May 1, 1982, by the following vote:
Ayes: Council Members Abbott, Baier, Cox, Henderson,
and Mayor Wolff
Noes: None.
Absent: None.
Q �0 41 '-�' -
MAYOR IV
ATTEST:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ITY ATTORN ITY AMAGER
I hereby certify that the foregoing Ordinance was adopted by the
City Council of the City of La Quinta, California, at a meeting held
on May 1, 1982, and that the Ordinance was posted in at least the 3
public places specified for such postings by the City Council.
FRANK M. U HER, CI CLERK