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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. -3- 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 -4- 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. -5- (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 —9— , 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." —10— 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. —11— 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. —12— 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. -13- 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 —14— 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 —15— 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 -24- .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. —32— 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. -34- 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. —36— 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 -43- 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 —58— 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, —59— 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 —61— 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