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HomeMy WebLinkAbout870 14_10_15-Exhibit'A'-Ord870Rancho Cucamonga Municipal Code Publis 2fl )" er of the City Council muneicode MuNdpal Code Corporation • PO Box 2235 Taflahassee, FL 32375 Infbemunicade com • 800.262-2633 fax 850575.8852 • www rnunkndecom OFFICIALS of the CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE TIME OF THIS AMENDMENT AND RESTATEMENT OF SELECTED TITLES LMayor_ ] Mayor [ ACouncil member] [� Council member_] [�Coun�cil member_] [_Council member_] City Council [_City Manager] City Manager [_Attorney_] City Attorney [Clerk_] City Clerk PREFACE This Code constitutes an amendment and restatement of selected titles of the general and permanent ordinances of the City of Rancho Cucamonga, California. Source materials used in the preparation of the Code were the 1980 Code, as supplemented through August 1, 2012, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1980 Code, as supplemented, and any subsequent ordinance included herein. The Code has been conveniently arranged by title, and the various chapters with each title and the sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of•the�Code 6gether and which refer to relevant state law have been included. A,tab elel listing the}state law citations and setting forth their location within the Code is•ihcluded ai'th'e back of this Code. Title, Chapter and Section Numbenr;ig"System The title, chapter and section numbering system used in this Code is the same system used in many state andel lac lac government codes. Each section number consists of three parts separated by a decimal. The first figure represents the title number, the next figure is the chapter i'n' the title and the last figure after the decimal represents the position of the section within the chapter. Thus, the second section of title 1, chapter is is numbered 1.10.020. In most instances, sections are numbered by tens (070, .020, .030, etc.), leaving nine vacant positions between original -sections to,accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion. For example, it new material consisting�of�one section that would logically come between sections 5.10.010 and 5.10.020 is desired to be added, such new section would be numbered 5.10.015. Page Numbering System The page numbering system used in this Code is a prefix system. The lettdrs and numbers to the left of the colon, e.g., "CD01.10:" are an abbreviation which represents a certain portion of the volume and the title and chapter number. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the title and chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CODE 19191110MUNALtO7►'.1 ix CD01.10:1 CDAA CODE COMPARATIVE TABLES CCT:1 ORDINANCE DISPOSITION TABLE ORDT:1 STATE LAW REFERENCE TABLE SLT_1 CODE INDEX CD0 Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phrase- ology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf-sy #em of binding and supplemental servicing of the publication. Withfthis system;;vhe�publication will be kept up to date. Subsequent amendatory legislatiomwill be properly edited, and the affected page or pages will be reprinted.J,hese,new,pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up to date,at all -times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. ttfis strongly-fecommended by the publisher that all such amendments be inserted imr ediately upon receipt to avoid misplacing them and, in addition, that aMdeleted_,pages be saved and filed for historical reference purposes. `� x Acknowledgments This publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and Kayla Mahnken, Editor, of theMunicipal• Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. • The publisher is most grateful to Debra L. McNay, MMC, Assistant City Clerk/Records Manager, Shird Griffin, CMC, CAP -OM, OSII, and the other members of the city staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Rancho Cucamonga, California. Editorial enhance- ments include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Rancho Cucamonga, California. C Copyrighted material. Municipal Code Corporation and the City of Rancho Cucamonga, California. 2014. A Page 1 of 496 Title 1 GENERAL PROVISIONS.............................................................................. 5 CHAPTER 1.01. CODE ADOPTION....................................................................... 5 CHAPTER 1.04. GENERAL PROVISIONS............................................................... 6 CHAPTER 1.08. ADOPTION OF COUNTY CODE SECTIONS* ..................................... 9 ARTICLE I. COUNTY CODE ADOPTED AND AMENDED* ........................................ 9 ARTICLE II. (RESERVED)...............................................................................12 ARTICLE III. (RESERVED)............................................................................. 12 ARTICLE IV. (RESERVED)*.:..........................................................................12 ARTICLE V. SIGNS.......................................................................................13 ARTICLE VI. (RESERVED).............................................................................13 ARTICLE VII. PYRAMIDAL ZONING..................................................................13 CHAPTER 1.12. PENALTIES, ADMINISTRATIVE AND CIVIL REMEDIES AND GENERAL PROVISIONS.....................................................................................................13 CHAPTER 1.16. ESTABLISHMENT OF FEES..........................................................23 Title 2 ADMINISTRATION AND PERSONNEL*.........................................................25 CHAPTER 2.04. PERSONNEL ADMINISTRATION SYSTEM*.....................................25 CHAPTER 2.08. CITY MANAGER*_ .................................................................... 26 CHAPTER 2.12. CITY COUNCIL MEETINGS* ........... ....................................30 CHAPTER 2.16. SALARIES* ................................. 31 CHAPTER 2.20. PLANNING COMMISSION*'......... G, .1 ..:.li 32 CHAPTER 2.24. HISTORIC PRESERVATION* . � !� . �.....................................33 CHAPTER 2.32. ELIGIBILITY FOR EMPLOYMENT...........................................37 CHAPTER 2.36, DISASTER COUNCIL* ... \! .........................................37 CHAPTER 2.40. ARREST POWERS .......... ....... . y ...........................................40 CHAPTER 2.44. REDEVELOPMENT AGE-NCY*.�.�9 ................................................40 CHAPTER 2.48. INDUSTRIAL DEVELOPMENT`AUTHORITY*....................................41 CHAPTER 2.52. PARK AND RECREATION COMMISSION........................................42 CHAPTER 2.56. USE OF THE GITY SEAL AND LOGOS............................................43 Title 3 REVENUE AND FINANCE* '�)....`............................................................45 CHAPTER 3.04. TRANSFER_OF,�TAX-FUNCTION*...................................................45 CHAPTER 3.08. PURCHASING SYSTEM*.............................................................45 CHAPTER 3.12. CLAIMS`P`AYMENT PROCEDURE*.................................................56 CHAPTER 3.16. DOCUMENTARY TRANSFER TAX*.................................................58 CHAPTER 3.20. SALES AND USE TAX*...............................................................59 CHAPTER 3.28. CITY-WIDE SYSTEM FEES FOR TRANSPORTATION DEVELOPMENT*.. 65 CHAPTER 3.32. SPECIAL GAS TAX FUND*..........................................................66 CHAPTER 3.36. ADMISSIQNS TAX .......................................................... ......... 67 CHAPTER 3.40. TRANSIENT OCCUPANCY TAX*...................................................70 CHAPTER 3.44. MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM* .............76 CHAPTER 3.46. ELECTRIC RULES AND REGULATION............................................77 CHAPTER 3.48. UTILITY USER'S FEE................................................................ 133 CHAPTER 3.52. COMMUNITY AND RECREATION CENTER IMPACT FEE ................... 141 CHAPTER 3.56. LIBRARY IMPACT FEE.............................................................. 143 CHAPTER 3.60. ANIMAL CENTER IMPACT FEE ................................................... 145 CHAPTER 3.64. POLICE IMPACT FEE., .............................................................. 147 CHAPTER 3.68. PARK IN-LIEU/PARK IMPACT FEES ............................................. 149 Title 4 RESERVED............................................................................................ 152 Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS* ..................................... 153 CHAPTER 5.04. BUSINESS LICENSES AND TAXES* ............................................ 153 ARTICLE I. GENERAL PROVISIONS............................................................... 153 Page 2 of 496 ARTICLE II. GROSS RECEIPT TAXES; RETAIL, WHOLESALE AND OTHER BUSINESSES............................................................................................. 161 CHAPTER5.08. BINGO*................................................................................. 168 CHAPTER 5.16. FILM PERMITS*—, .... ............................................................. 174 Title 6 ANIMALS*............................................................................................ 180 Title 7 TELECOMMUNICATIONS REGULATIONS*................................................... 181 Title 8 HEALTH AND SAFETY*............................................................................ 182 CHAPTER 8.08. MOBILEHOME PARKS*............................................................. 182 CHAPTER 8.10. MOBILEHOME PARK RENT MEDIATION* ..................................... 184 CHAPTERS. 12. FIREWORKS ...................................... ................. 187 CHAPTER 8.16. CONTROL OF BLOWING SAND AND PREVENTION OF SOIL EROSION BYWIND..................................................................................................... 188 CHAPTER 8.17. RESIDENTIAL REFUSE COLLECTION* ......................................... 189 CHAPTER 8.18. EMERGENCY MEDICAL SERVICES* ............................................ 201 CHAPTER 8.19. COMMERCIAL AND INDUSTRIAL REFUSE RECYCLABLES AND GREEN WASTE COLLECTION*...........................................4.......................................... 213 CHAPTER 8.20. ENVIRONMENTAL HEALTH CODE* 6............ . 230 CHAPTER 8.21. SMOKING REGULATED OR PROHIBITED* ................................... 232 CHAPTER 8.22. PROHIBITION OF CHLOROFLUORO�CARRBON,,1ROCESSED PACKAGING* 237 CHAPTER 8.23. NUISANCE ABATEMENT*........ � .............. I................ 240 y CHAPTER 8.24. GRAFFITI* ............................................................... 248 CHAPTER 8.25. VEHICLE ABATEMENT*.. ....................................... 254 CHAPTER $.26. ALARM SYSTEMS* 6666 .... ..... .. ......................6..................... 260 CHAPTER 8.27. STREET ADDRESS POSTING.. ?�.....................4666..................... 261 CHAPTER 8.30. TAXICAB SERVICE*" -'1'\'\,'-��f............................................... 262 CHAPTER 8.32. FOOD ESTABLISHMENTS �)....................................................... 268 CHAPTER 8.36. CURB NUMBERINGiREGUATIONS............................................. 269 CHAPTER 8.40. SALES OF GOODS OR MERCHANDISE FROM VEHICLES ................ P S 272 CHAPTER 8.42. MAI NTEN_ANCE-OF-FORECLOSED AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDU�STRIAL�PROPERTIES................................................... 277 CHAPTER 8.44. PARADES-AIND ASSEMBLIES*................................................... 282 CHAPTER 8.46. ABATEMENT�OF WEEDS AND CERTAIN OTHER FIRE HAZARDS*..... 288 CHAPTER 8.50. SHOPPING CARTS................................................................... 292 Title 9 PUBLIC PEACE, MORALS AND. WELFARE* ................................... I................ 295 CHAPTER 9.04. WEAPONS*-- ....... 6 .............................................................. 295 CHAPTER 9.08. CERTAIN NUDE CONDUCT PROHIBITED* .................................... 295 CHAPTER 9.12. PICTURE ARCADES.....................6........................................... 296 CHAPTER 9.16. CONSUMPTION OF ALCOHOL IN PUBLIC PLACES ......................... 297 CHAPTER 9.18. MISCELLANEOUS OFFENSES .......................6....6.6...............6..... 297 CHAPTER 9.19. ABATEMENT OF CERTAIN NUISANCES STREET GANGS* .............6.300 CHAPTER 9.20. CITY PROPERTY...................................................................... 303 CHAPTER 9.24. MASSAGE SERVICES*............................................................. 303 ARTICLE I. IN GENERAL ................... 6..........................................................303 ARTICLE II. MASSAGE TECHNICIANS AND CERTIFIED MASSAGE THERAPISTS*.. 313 ARTICLE III. OUT CALL MASSAGE SERVICES ................................................. 315 ARTICLE IV. PROHIBITED CONDUCT, PROCEDURES AND PENALTIES ................. 316 CHAPTER 9.26. LOITERING*....................................................4.....6...4........... 318 CHAPTER 9.28. CONVENIENCE FOOD STORES .................................................. 319 CHAPTER 9.30. LOITERING BY MINORS PROHIBITED ...........................6666.......... 319 Page 3 of 496 CHAPTER 9.31. SOLICITATION*...................................................................... 321 CHAPTER 9.32. SECOND RESPONSES BY POLICE TO PARTIES AND OTHER 353 ASSEMBLAGES --CIVIL PENALTY IMPOSED........................................................ 329 CHAPTER 9.33. ACCOUNTABILITY FOR BEING A SOCIAL HOST OF MINORS........... 330 CHAPTER 9.34. NARCOTICS AND GANG -RELATED CRIME EVICTION PROGRAM* .... 331 Title 10 VEHICLES AND TRAFFIC*...................................................................... 334 CHAPTER 10.04. DEFINITIONS*...................................................................... 334 CHAPTER 10.08. TRAFFIC ADMINISTRATION.................................................... 336 CHAPTER 10.12. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS*..... 338 CHAPTER 10.16. TRAFFIC CONTROL DEVICES* ................................................. 339 CHAPTER 10.20. SPECIAL SPEED ZONE........................................................... 340 CHAPTER 10.24. TURNING MOVEMENTS.......................................................... 350 CHAPTER 10.28. ONE-WAY STREETS AND ALLEYS ............................................. 351 CHAPTER 10.32. SPECIAL STOPS.................................................................... 351 CHAPTER 10.36. MISCELLANEOUS DRIVING RULES ........................................... 353 CHAPTER 10.40. PEDESTRIAN RIGHTS AND DUTIES .......................................... 354 CHAPTER 10.44. STOPPING, STANDING OR PARKING IN SPECIFIED PLACES* ....... 354 CHAPTER 10.48. STOPPING FOR LOADING OR UNLOADING ONLY ........................ 358 CHAPTER 10.50. PERMIT PARKING DISTRICTS....... .............................. 359 CHAPTER 10.52. STOPPING, STANDING OR PARKING -RESTRICTIONS .................. 362 CHAPTER 10.54. ELECTRIC VEHICLE PARKING,AT P .BLIC;AND PRIVATE CHARGING STATIONS ............................................ ................................. 365 _:. CHAPTER 10.56. TRUCK ROUTES AND RESTRICTIONS' ....................................... 366 CHAPTER 10.60. PARKING FOR PERSONE�WITH'DISABILITIES* .......................... 369 CHAPTER 10.64. OVERSIZE VEHICLE -PARKING J1 370 .............................................. CHAPTER 10.68. ROLLER SKATES AND SIMILAR DEVICES* ................................. 371 CHAPTER 10.72. CRUISING PROHIBITED*�).......................................................372 Title 11 RESERVED .............. ....................................................... 374 Title 12 STREETS, SIDEWALKS AND PUBLFC PLACES* ........................................... 375 . --- CHAPTER 12.03. PUBLIC.IMPROVEMEf T CONSTRUCTION ", r=Rmi- ...................... 375 ARTICLE I. IN GENERAL.4. .. ?.................................................................. 375 ' ARTICLE II. PERMIT \.......X.................................................................... 377 CHAPTER 12.04. PARK REGULATIONS*........................................................ . 381 CHAPTER 12.08. DEDICATION OF RIGHT-OF-WAY ............................................. 385 CHAPTER 12.12. STREET NAMING................................................'................. 389 CHAPTER 12.16. REGULATION OF NEWSRACKSA............................................... 392 CHAPTER 12.20. COMPLETE STREETS PROGRAM ............................................... 399 Title 13 PUBLIC SERVICES ........................ :....................................................... 404 CHAPTER 13.04. UNDERGROUND UTILITY DISTRICTS* ...................................... 404 CHAPTER 13.08. STORM DRAINAGE PLAN ..............................:......................... 408 CHAPTER 13.09. ETIWANDA/SAN SEVAINE AREA STORM DRAIN PLAN .................411 Title14 RESERVED..........................................................................................415 Title 15 BUILDINGS AND CONSTRUCTION*......................................................... 416 CHAPTER 15.04. CODES ADOPTIONA............................................................... 416 CHAPTER 15.12. BUILDING CODE*.................................................................417 CHAPTER 15.14. RESIDENTIAL BUILDING CODE*..............................................422 CHAPTER 15.16. MECHANICAL CODE*............................................................. 424 CHAPTER 15.20. PLUMBING CODE*.................................................................425 CHAPTER 15.24. ELECTRICAL CODE*.............................................................. 427 CHAPTER 15.26. GREEN BUILDING CODE*.......................................................427 Page 4 of 496 CHAPTER 15.28. CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS* ......... 428 CHAPTER 15.32. HOUSING CODE*.................................................................. 428 CHAPTER 15.42. EARTHQUAKE HAZARD REDUCTION IN UNREINFORCED MASONRY BUILDINGS*................................................................................................ 428 CHAPTER 15.44. PENALTIES AND REMEDIES* ..................................................447 Title 16 SUBDIVISIONS*................................................................................ . 449 Title 17 DEVELOPMENT CODE*.......................................................................... 450 Title 18 RESERVED.......................................................................................... 451 Title 19 ENVIRONMENTAL PROTECTION*............................................................452 CHAPTER 19.04. GRADING STANDARDS ..........................................................452 CHAPTER 19.12. FLOODPLAIN MANAGEMENT REGULATIONS* ............................. 454 CHAPTER 19.16. RESERVED*.........................................................................472 CHAPTER 19.20. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)* .............. 472 ARTICLE I. AUTHORITY, PURPOSE, POLICY AND DEFINITIONS ......................... 472 ARTICLE II. GENERAL CONDITIONS AND PROHIBITIONS ................................. 478 ARTICLE III. RESIDENTIAL, COMMERCIAL AND INDUSTRIAL REQUIREMENTS..... 483 ARTICLE IV. INDUSTRIAL AND COMMERCIAL REQUIREMENTS .......................... 484 ARTICLE V. CONSTRUCTION REQUIREMENTS...........................................485 ARTICLE VI. ADMINISTRATIVE ENFORCEMENT REMEDIES ...............................488 ARTICLE VII. JUDICIAL ENFORCEMENT REMEDIES:....... ............................... 494 ARTICLE VIII. GENERAL CLAUSES ............ ! .... ............................... 495 Page 5 of 496 Title 1 GENERAL PROVISIONS CHAPTER 1.01. CODE ADOPTION 1.01.010. A option. P14r-q11A__P_t te the pr-evisions of GOvernment Code §§ 50022.1 through 50022-8 and 50022.!C� Company, Seattle, Washington, tagethet- with these seeoa4avy eades a4epted by refereflee _" authorized by the St -ate Legislature, save anel exeept thase portions of the sepa"Jar-Y (Code 1980 § 1.01.010; Oi.a No. 142 § t 1991) Sec. 1.01.020. Title; citation; reference. This Code shall be known as the "Rancho Cucamonga Municipal Code," and it shall be sufficient to refer to said Code as the "Rancho Cucamonga Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction, or repeal of the -Rancho Cucamonga Municipal Code. Further reference may be made to the titles, chapt4er ss ections, and subsections of the Rancho Cucamonga Municipal Code and such references s_haffppply to that numbered title, chapter, section or subsection as it appears in the Code. (Code 1980, § 1.01.020; Ord. No. 142, § 2, 1981) State law reference—Adoption of Code, Governmen�t`Co_ de §§,1150022.1-50022.8. Sec. 1.01.030. Codification authority. \� This Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Rancho Cucamonga, California, codified pursuant to the provisions of Government Code §§50022:4==50022.8 and 50022.10. (Code 1980, § 1.01.030; Ord. No.,14 § 3 1981) State law reference—Authol ti y of c ty to lecodify code of ordinances, Government Code § 50022.10. !0919 Sec. 1.01.050. Reference applies to all amendments. Whenever a reference is made to this Code as the "Rancho Cucamonga Municipal Code," or to any portion thereof, or to any ordinance of the City of Rancho Cucamonga, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Code 1980, § 1.01.050; Ord. No. 142 § 5, 1981) State law reference—Similar provision, Government Code § 23(9). Page 6 of 496 Sec. 1.01.060. Title, chapter and section headings. The headings of the several titles, chapters, articles and sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to affect the scope, meaning or intent of the provisions of any title, chapter, article or section hereof, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such titles, chapters, articles and sections, including the headings, are amended or reenacted. (Code 1980, § 1.01.060; Ord. No. 142, § 6, 1981) State law reference—Similar provision, Government Code § 23(6) Sec. 1.01.070. Reference to specific ordinances. The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (Code 1980, § 1.01.070; Ord. No. 142, § 7, 1981) See. 1.01.080. Effect of Code on past actions and obligations. Neither the adoption of this Code nor the repeal mor amendment hereby of any ordinance or part or portion of any ordinance of the city 4-Na'A��'' ~��� -� shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of anyvlicense,,Jee,)or penalty at said effective date due and unpaid under such ordinances, nor be�onstruedasas affecting any of the provisions of such ordinances relating to the collection of any,such license, fee or penalty, or the penal validity of any bond or cash deposit in lieu thereof.:required...to be posted, filed, or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.\ (Code 1980, § 1.01.080; Ord. Non42, § 8, 19,81) Sec. 1.01.090.Constit—ional-ty everability. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The city council declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Code 1980, § 1.01.090; Ord. No. 142, § 9, 198 1) State law reference—Similar provision, Government Code § 23. CHAPTER 1.04. GENERAL PROVISIONS Sec. 1.04.010. Definitions. The following words and phrases, whenever used in this Code or the ordinances of the city, shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: Page 7 of 496 Ar. City. The term "cit : AP UAMP" eeeh means the City of Rancho Cucamonga, California, or the area within the territorial limits of the city, and, where applicable, such territory outside of the city, over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.. Code. The term "Code" means the Rancho Cuca�ggnga Municipal Code. State law reference—Similar provision, Government Code § 50022.1. B—.Council, City council. The term "city council" means the city council of Rancho Cucamonga, California. The term "all its members" or "all councilmegmembers" means the total number of councilmembers holding office. l; -County. The term "county" means the County of San Bernardino, California. Efr" strict.. The term "fire district" means the Rancho Cucamonga Fire Protection District. Law. The term "law" denotes applicable federal law, the Constitution and statutes of the state, this Code and the ordinances of the city and when appropriate, any and all rules and regulations which may be promulgated thereunder. Fr.May. The term "may" is permissive. State law reference Similar provision, Government Code § 14. FMonth. The term'•montK means a calendar mont GMust, shall. the terms "must" and "shall" are eac m hda , except in reference to acts or omissions of the city rOV*C or employee of the city, �s Goeame in which cases the term "must" andh directory only. State law reference—Similar provision, GovernmenH Oath. The term "oath"includes a eclaration in all cases in which, by law, an affirmation may be substituted for oath, din such cases the ea�els rms "swear" and "sworn" shall be equivalent to the � "" &' and "affirmed." State law reference—Similar provision, Government Code § 15. Owner. The term "own a lied to a building or land, includes any part owner, joint owner, tenant in common t entenant b the entirety, of the whole or a art of such > > 7 Y Y. P building or land. JPerson.. The term "person" ncludes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. &Personal property. The -term 'personal property" includes money, goods, chattels, things in action and evidences of debt. Preceding, following. The terms "preceding" and "follQwine mean next before and next after, respectively. #Property. The term `property" includes real and personal property. Real property. The term "real property" includes lands, tenements and hereditaments. 4 Sidewalk. The term "sidewalks' means that portion of a street between the curbline and the adjaceni property line intended for the use of pedestrians. -ILState. The term "st&te" means the State of California. State law reference—Similar provisions, Government Code § 18. State statutes. All references to the state statutes shall be to the most recent edition or supplement. Page 8 of 496 $Street. The term "street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. -Tenant, occupant. The terms "tenant" and "occupant," when applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. 8-Mritten. The term "written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. (Code 1980, § 1.04.010; Ord. No. 116, § 1, 1980; Ord. No. 212, § 1, 1983) State law reference—Definitions and rules of construction of state statutes, Government Code §§ 1-26. Sec. 1.04.020. Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Code 1980, § 1.04.020; Ord. No. 116, § 2, 1980) Sec. 1.04.030. Interpretation of language. All words and phrases shall be construed according to the common and'approved usage of the language, but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning. ' (Code 1980, § 1.04.030; Ord. No. 116, § 3, 1980) Sec. 1.04.040. Grammatical interpretation The following grammatical rules shall apply in this Code and the ordinances of the city, unless it is apparent from the context that a diffei"ent construction is intended: A:Gender. Each gender includes the mculine, feminine and neuter genders. State law reference—Similaovision, Government Code § 13. $Singular and plural. Theangular number includes the plural and the plural includes the singular. State law reference—Similar provision, Government Code § 13. GTenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. State law reference—Similar provision, Government Code § 11. (Code 1980, § 1.04.040; Ord. No. 116, § 4, 1980) Sec. 1.04.050. Acts by agents. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Code 1980, § 1.04.050; Ord. No. 116, § 5, 1980) Sec. 1.04.O60. Prohibited acts include causing and permitting. Whenever, in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. Page 9 of 496 (Code 1980, § 1.04.060; Ord. No. 116, § 6, 1980) Sec. 1.04.070. Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Code 1980, § 1.04.070; Ord. No. 116 § 7, 1980) State law reference—Similar irrovisions. Government Code §§ 6707, 6800. Sec. 1.04.080. Construction. The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objectives and to promote justice. (Code 1980, § 1.04.080; Ord_ No_ 116, § 8, 1980) Sec. 1.04.090. Repeal shall not revive. The repeal of an ordinance shall not repeal the repealing clause of any ordinance or revive any ordinance which has been repealed thereby. (Code 1980, § 1.04.090; Ord. No. 116, § 9, 1980) Sec. 1.04.100. No mandatory duty. Notwithstanding any other provision of law, no provision of this Code, of -or any ordinance of the city, of or any code adopted by reference by t isCoder any ordinance of the city, e9, r any resolution of the city council, or of any administrative regulations having the force of law, whether the same was heretofore or is hereafter enacted,tshall be�deemed to create or impose a mandatory duty for or upon the city, any department; board`commission of the city, or any officer or employee of the city who is acting within the scop�\of such office or employment. (Code 1980, § 1.04.100; Ord. No. 212, § 2,.,1983) �1) CHAPTER 1.08./ADOPTION OF COUNTY CODE SECTIONS* *State law reference—AuthoriCnto adopt county ordinances, codes, or any part thereof, and any amendments thereto, Governmen\le § 50022.9. ARTICLE 1. COUNTY CODE ADOPTED AND AMENDED* *State law reference—Authority to adopt county code and amendments, Government Code § 50022.9. Sec. 1.08.010. County code adopted. T--hn f- ep-r-tFjin_gode _t noNvt. nn The "Codified Ordinances of the County of San Bernardino," also known as the "San Bernardino County Code," as amended, 1s13re eu one copy of which county code and all secondary codes referred to therein are on file in the office of the city clerk, is adopted by reference pursuant to the provisions of Government Code § 50022.9, as though set forth in this article in full, subject, however, to the amendments, additions, and deletions set forth in this article. (Code 1980, § 1.08.010; Ord. No. 17, § 1, 1978) Sec. 1.08.020. County code sections deleted. The following sections of the county code are deleted: A. Chapter 8 of division 1 of title 3; B. Chapters 1, 5, 6 and 8 of division 3 of title 6; C. 11.031 through 11.037, inclusive; Page 10 of 496 D. 11.043 through 11.045, inclusive; E. 12.011 through 1.2.366, inclusive; F. 13.011 through 13.0640, inclusive; G. 14.011 through 14.0112, inclusive; H. 14.021; 1. 14.022; J. 14.024; K. 1.4.025; L. 14.031 through 14.0318, inclusive; M. 14.041 through 14.049, inclusive; N. 14.051 through 14.057, inclusive; 0. 15.011; P. 15.012; 15.021; R. 1.5.022; S. 17.011 through 17.012, inclusive; X0 T. 1.8.011 through 18.013, inclusive; U. 21.011 through 21.019, inclusive; V. 23.0312; W. 24.0313; X. 24.031; -� Y. 24.041 through 24.043, inclusive; Z. 26.021 through 26.024, inclusive; AA. 28.031 through 28.035 inclusive; BB. 41.011 through 41.014, inclusive; CC. 42.050 through 42.0511; DD. 42.0513 through 42.0516; EE. 51.011 through 51.0120, inclusive; FF. 51.021 through 51.0213, inclusive; GG. 51.031 through 51.0310, inclusive; HH. 61.011 through 61.014, inclusive; II. 61.021 through 61.029C, inclusive; JJ. 61.0210 through 61.0219P, inclusive; KK. 61.0220 through 61.0223, inclusive; LL. Chapter 3, Subdivision Code; MM. Chapter 4, mobilehome parks; NN. 61.0311; and Page 11 of 496 00. 67.011 through 67.045, inclusive_ (Code 1980, § 1.08.020; Ord. No. 17, § 2, 1978; Ord. No. 122, § 1, 1981; Ord. No. 137, § 1, 1981; Ord. No. 211, §§ 1, 2, 1983; Ord, No. 218, § 1, 1984; Ord. No. 221, § 1, 1984) Sec. 1.08.030. Amendments of code. The following amendments are made to the San Bernardino County Code: A. Whenever the term "auditor" is used in the code, it means the finance director of the city. B. Whenever the term "board of supervisors" or "board" is used in the code, it means the city council. C. Whenever the term "clerk of the board" is used in the code, it means the city clerk. D. Whenever the term "county" or "county of San Bernardino" is used in the code, it means the geographical limits of the city unless a different geographical area is clearly indicated by the context. E. Whenever the term "county," "County of San Bernardino," or "unincorporated territory of the county of San Bernardino' is used in the code, it means the city. F. Whenever the term "county administrative officer" is"used in the code, it means the city manager. A G. Whenever the term "county counsel' is used in the code, it means the city attorney. H. Whenever the term "county fire warden" is used,in the code, it means the fire chief of the city. j�� \ I. Whenever the term "count offices" is used" in the code it means the cit offices. Y . , .. � Y J. The term "department" as used in cliapte'r,2_of'division 3 of title 3 of the San Bernardino 9 .% County Code, means the city manager of the City of Rancho Cucamonga. K, Whenever the term "sheriff%is used'i J code, it means the chief of police of the city. (Code 1980, § 1.08.030; Ord. No. 17, §--3 978; Ord. No. 135, § 4, 1981) Sec. 1.08.0410. Fees and permits amended. A. All permit fees, lic ease fees, taxes, and other fees and charges of whatever nature provided for in the county code of shall be collected by and shall belong to the city, and all licenses and permits referred to in the county code shall be issued, in the discretion of the appropriate official, by the city, except as expressly provided in this chapter. B. The permits referred to in the following sections of the ounty code shall be issued by the county officer or department referred to in the• county code, and all permit fees payable under the following sections of the county code shall be paid to and collected by the county official or department. The sections of the county code are: Ro��-nT31.031 through 31.038, inclusive; Seetion 34.014; Rpptipp 34,022; 4. Seetien 34.065; 5. Seetion 35.031; 6. SeeriAn 35.033; 7. Seetion 35.034; 8. Seetion_-36.018; and Page 12 of 496 9. Seetiat+ 36.032. (Code 1980, § 1.08.040; Ord_ No_ 17, § 4, 1978) Sec. 1.08.060. Conflicting provisions. In the event of conflict between any provision of the San county code adopted by reference in this chapter, a}'-1, and the provisions of any other ordinance of the city, the provisions of such other ordinance shall be controlling. (Code 1980, § 1.08.060; Ord_ No. 17, § 7, 19 78) State law reference Safety element of general plan, Government Code § 65302.5. Sec. 1.08.070. Violation; Penalty. A. No person shall violate any provision or fail to a this chapter, aFtiele, the provisions of the San Bern .-din �c� or any secondary code referred to therein. Any person viol, comply with any of the mandatory requirements of this eh county code adopted herein by reference or a shall be guilty of a misdemeanor, and, upon conviction,, sl 11.0206. ,ly'with any of the requirements of ty- doc ) adopted herein by reference, g any)of the provisions or failing to =r ftrtiele, the provisions of the ga* secondary code referred to therein, be punishable by fine of .,,,E as provided in county code section B. In addition to the penalties provided in subsection A of this section above, any condition caused or permitted to exist i$) violation of this chapter artierthe provisions of the S,a-n county code adopted -,herein by reference, or any secondary code referred to therein, which is declared to be a public nuisance, shall be deemed to be a continuing violation. Any such public nuisance may be summarily abated by the city. (Code 1980, § 1.08.070; Ord. No. 17, § 5, 1978) ARTICLE IL (RESERVED} ARTICLE III. (RESERVED) ARTICLE IV. (RESERVED) - *Editor's note—Ord. No. 832, § 1, August 18, 2010, repealed ch. 1.08, art. IV, §§ 1.08.100, 1.08.110, and 1.08.120 in its entirety. Prior to amendment, ch. 1-08, art. IV, pertained to weed abatement and derived from Ord. No_ 20-A, § 4 (part), 1997). Page 13 of 496 ARTICLE V. SIGNS Sec. 1.08.140. Code sections repealed. The following sections of the San Bernardino ounty code dealing specifically with sign regulations and which were adopted by the city council by reference under this chapter 1.08, are repealed: A. 61.022. B. 61.024A(a)(5)(L). C. 61.024A(b)(7). D. 61.024D(a)(3)(B). E. 61.024E(a)(4)(H). F. 61.024E(d). G. 61.024F(d). H. 61.025A(b)(17). I. 61.025B(b)(11). J. 61.026(0. K. 6 L026A(c)(3). L 91097A(1)(1)(E) x6" M. 61.02713(b)(2)(1). -N. 61.027C(b)(2)(A);(K). O. 61.027C(M). P. 61.025(b)(3). Q61.029B(c)(5). R. 61.029C(1). S. 61.0214A(d). T. 61.02190). (Code 1980, § 1.08.140; Ord. No. 65, § 8.0, 1979) ARTICLE Vt. (RESERVED) ARTICLE Wt. PYRAMIDAL ZONING Sec. 1.08.200. Subsections repealed. 9"Sections 61.024E(a)(4)(G), 61.024E(b), 61.026(b)(1), 61.026(b)(13) of the San ueroft f county code are repeated. (Code 1980, § 1.08.200; Ord. No. 76, § 3, 1979) CHAPTER 1.12. PENALTIES, ADMINISTRATIVE AND CIVIL REMEDIES AND GENERAL PROVISIONS See. 1.12.010. Penalties and general provisions. A. No person shall violate or fail to comply with any provision or requirement of this Code or any other city ordinance. Any person who shall violate or fail to comply with any provision or Page 14 of 496 requirement of this Code or any other city ordinance, or a condition of any permit issued pursuant to this Code or any other city ordinance, shall be guilty of a misdemeanor, unless: L(44Such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or 2.(�Such a violation or failure is prosecuted as a civil administrative action pursuant to this chapter. Any person, business, organization, corporation or other entity that fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter. B. Any violation of any provision of this Code or any other city ordinance may be prosecuted as a misdemeanor unless otherwise provided in the Code, as an infraction, or as a civil administrative action in the discretion of the city attorney or city prosecutor after consultation with the city manager. C. Every day any violation of this Code or any other city ordinance shall continue shall constitute a separate offense. D. Unless otherwise specifically provided in this Code or by the city council, any person guilty of a misdemeanor for violation of a provision of this Code shall be punished by a fine of not more than $1,000.00 ane theusand dell •••s for each violation or offense, or by imprisonment for a period of not more than six months, or by both such fine and i`mpriso� ent. E. Unless otherwise provided by law, any perso4ho�has`committed an infraction shall be punished for a first violation by a fine not exceeding 100.00-enee h••-ndr-e dollars, and for committing the same offense a second time within one year by a fine not exceeding 200.00-twe litindr-ed dada s, and for committing the same offense a -third or any subsequent time within one year, by a fine not exceeding M0.00- ' a a arid- ~g. Notwithstanding the foregoing, any person who has been convicted of violating any provision of a building and safety code of the city, or failing to comply with any of the requirements thereof, where such violation or failure is deemed to be an infraction, is punishable for -a first violation by a fine not exceeding 100.)0 one h••ndtze a"'�, and for committing the same offensesecond time within one year by a fine not exceeding 500.00 five i and -e a iz.,..� ` t 1'x..1. $ and for committing the same offense a third or any subsequent time within one year, by a fine notexceeding, 1 00).00 one thousand Y F. Notwithstanding any other provision of this Code, when a person under 18 eighteen years of age is charged with a violation of this Code, and such person is issued a notice to appear in a traffic court of competent jurisdiction as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed pursuant to section 601 or 602 of the Welfare and Institutions Code. G. The violation of any of the provisions of this 'Code or.any city ordinance constitutes a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. H. The city council declares that, should any provision, section, paragraph, sentence or word of this Code or city ordinance be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Code and such ordinance shall remain in frill force and effect. (Code 1980, § 1.12.010; Ord. No. 779, § 2(part), 2007) State law reference—Penalty, Government, Code §§ 36900, 36901; administrative fines, Government Code § 53069.4. Page 15 of 496 Sec. 1.12.020. Mandatory appearance required. Whenever any person is arrested for any violation of this Code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest, is made, when the person arrested: A. Fails to present a driver's license or other satisfactory evidence of identity for examination; B. Refuses to give a written promise to appear in court; C. Demands an immediate appearance before a magistrate. (Code 1980, § 1.12.020; Ord. No. 779, § 2(part), 2007) State law reference—Procedure and notice to appear, Penal Code § 853.6. Sec. 1.12.030. Arrests and citations. A. Pursuant to the provisions of state law, the city officers or employees designated by the city manager to make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or im sdemeanor violation of this Code, or violation -of any condition of any permit issued pursuant to4hi9116-oae)or violation of any other city ordinance or state statute which such officers or employees hav_esthe duty to enforce, and the violation has been committed in the presence of such officers or employees. 13. Arrests for misdemeanors and citations or infraions shall be processed, issued and handled as provided by state law. C. In any case in which a person i5 arrested_ -pursuant to this authority and the person arrested does not demand to be taken before magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by ear eK. with seetian 853-6, of the Penal Code § 853.5 et sem Lid�entified D. The officers and eemployeein subsection A of this section and any other persons designated to do so by the city manager shall have the concurrent authority to issue administrative citations. (Code 1980, § 1.12.030; Ord. No_ 779, § 2(part), 2007) Sec. 1.12.040. Administrative penalties. In addition to, or in place of, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable, there is established an administrative penalty that may be imposed in connection with any violation of this Code. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. (Code 1980, § 1.12.040; Ord. No. 779, § 2(part), 2007) State law reference—Administrative fines and penalties, Government Code § 53069.4. Sec. 1.12.050. Definitions. The following words and phrases, when used in the context of this chapter, shall have the following meanings: Building official means the building and safety official of the city „r u.,..,,1,,, 0..,,.,,. OHO , ar the building official's designee. Page 16 of 496 Citing official means any officer or' employee authorized by the city manager to issue citations, and subject to section 1. 12,030 of this ehapEer. City clerk means the city clerk of the city , or the city clerk's designee. The term "city clerk" also means any official or department of the city designated by the city manager to perform functions of the city clerk specified in this chapter. City manager means the city manager of the city of R.,, -.eh , C,•,,.,,, eng or the city manager's designee. Legal interest means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the San Ber-Rar county recorder's office or which are on file with, or in possession of, any other governmental entity. The term "legal interest" shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof. , _PeFsoli" meant; any natural per -son, business, orgRnizatien, ear-peration or other entity. Responsible person, means any natural person, business, organization, corporation, or other entity determined by a citing official to be responsible for causing, maintaining, permitting, or allowing a violation of this Code. The term "responsible personri�ncludes, but is not limited to, any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent -authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of this Code to occur or lie maintained. (Code 1980, § 1.12.050; Ord. No. 779, § 2(part), 200 7) \� Sec. 1.12.060. Administrative citation. Y Any person violating or who has viol to ny-section of this Code that is subject to this chapter may be issued an administrative citation by a citing official as provided in this chapter. (Code 1980, § 1.12.060; Ord. No. 779, §2 (p rt), 200 7) Sec. 1.12.070. Content of administrative citation. An administrative citationshall all contain all of the following information: A. The date and locatio'of the violation and the approximate time the violation occurred or was detected; Y B. The Code section violated and a description of the violation; C. The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid; D. An order prohibiting another occurrence of the Code violation; E. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation; F. The name and signature of the citing official. (Code 1980, § 1.12.070; Ord. No. 779, § 2(part.), 2007) Sec. 1.12.080. Procedure for serving administrative citation, compliance order and notice. Except as provided below or elsewhere in this chapter, the citing official shall issue an administrative citation on a form approved by the city manager, and shall serve a compliance Page 17 of 496 order or any permitted or required notice on a responsible person in accordance with the following methods: A. Personal service. The citing official may issue the administrative citation or serve a compliance order or notice by personal delivery thereof to a responsible person. The citing official shall attempt to obtain on the administrative citation or compliance order the signature of the responsible person. If the responsible person or person served refuses or fails to sign the administrative citation or compliance order, the failure or refusal to sign shall not affect the validity of the citation, the compliance order, or of subsequent proceedings. Service shall be deemed effective on the date of delivery. B. Mail. The citing official may mail the administrative citation, compliance order or notice to the responsible person by registered mail, or by prepaid first class mail, provided a proof of mailing has been obtained. Service shall be deemed effective on the date of mailing. C. Posting. If the citing official does not succeed in serving the responsible party personally or by mail pursuant to subsection D of this section, alev&,-the citing official shall post the administrative citation or compliance order on any real property within the city in which the responsible person has a legal interest and, whe osted, shall be deemed effective service as of that date. D. 'Publication. If the citing official does not succe&in gervin the responsible person with the administrative citation, personally, by mail, or by sting, in accordance with this section, the citing official shall cause th inis.trative citation to be published once a week for four successive weeks in a loc new er.�ublished, in English, at least once a week. Service shall be deemed effective on th final date of publication. (Code 1980,11.12.080; Ord. No. 779, § 2(part) Sec. 1.12.090. Administrative fine. A. For any violation of thi a to be an infraction and for which there is no specific administrative penalty a this Code, by the city council, or otherwise set forth in an adopted administrativ the ule, the fine shall be in the amount of $100.00 eae hundred - for a first ti 2 .00 for a second violation of the same provision of this Code within 12 -month period; and 00.00 for each additional violation of the sam rovision of this Code within a 12 -month period; provided, however, that said fines shall be increased to $100M. 0.30 five k....a..,.a dellars, and 1 00 .0 , respectively, where the infraction is a violation of a building and safety code of the city. B. ' For any violation of this Code deemed to be a misdemeanor, the administrative fine shall not exceed K. Administrative fines assessed pursuant to an administrative citation are a debt owed to the city. (Code 1980, § 1.12.690; Ord. No. 779, § 2(part), 2007) Sec. 1.12.100. Payment of administrative fine. The fine imposed pursuant to this chapter for a particular violation, and for any subsequent violation of the same code section, shall be in the amount set forth in section 1.12.090, an adopted administrative penalty schedule, or otherwise as established by resolution of the city council. The administrative fine shall be paid to the finance department within #weak -M days from the date of service of the administrative citation. If, after a hearing requested pursuant to this chapter, the Page 18 of 446 administrative hearing officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of this chapter. (Code 1980, § 1.12.100; Ord. No. 779, § 2(part), 2007) Sec. 1.12.110. Request for administrative hearing. A. Any responsible person to whom an administrative citation is issued may contest the citation by l.( 4Completing a request for hearing form and returning it to the office of the city clerk; and 2.{ -*Either depositing the administrative fine with the finance department or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to this chapter. A request for hearing form may be obtained from the office of the city clerk. The finance department shall provide the responsible person with a receipt unless a hardship waiver has been requested. B. Any responsible person desiring an administrative hearing shall file with the office of the city clerk a completed request for hearing form and the administrative fine or completed hardship waiver form pursuant to this chapter within 20 twenty days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the office of the city clerk or a city clerk -file stamped copy in the possession of the responsible party shall control. The responsible person's failure to file the request for hearing form and the fine or hardship waiver form within 20'*`•days of the date of service of the administrative citation shall constitute a waiver of the_riglit to a hearing. C. The person requesting the hearing shall be served wtten notice of the time and place of the hearing at least ten days before the date of`he hearing. Any documentation, other than the administrative citation the citing official has-submitted,o°r will submit to the hearing officer, shall be served on the person requesting the hearingpersonally or by mail in the manner described in section 1.12.080, at least five days before the date of the hearing. (Code 1980, § 1.12.110; Ord. No. 779, §,�20)ar2007) f Sec. 1.12.120. Advance deposit -hardship waiver. 1 i ,\,_/ A. Any responsible person who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this chapter may file a request for an advance deposit hardship waiverThe request shall be filed with the Finance department on an advance deposit hardship waiver application form, available from the finance department, no later than 20 twenty days after service of the administrative citation. The responsible person's failure to file a completed form, with all supporting documents, within 20 twenty days after service of the administrative citation shall constitute a waiver of the right to receive a hardship Naiver.- In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the finance department or a finance department -file stamped copy in possession of the responsible party shall control. 13. An advance deposit hardship waiver may be granted only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating, to the satisfaction of the finance department, the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. The finance department shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by mail in the manner described in section 1.12.080. The decision shall be deemed served on the date of mailing. If the finance department determines that the waiver is not warranted, the person shall remit the full amount of the fine within ten days of service of the finance department's written decision. The finance department's decision whether to issue a hardship waiver shall be final. Page 19 of 496 (Code 1980, § 1.12.120; Ord. No. 779, § 2(part), 2007) See. 1.12.130. Time for administrative hearing. Only after a request for hearing form is received by the office of the city clerk within the required period, and the responsible person requesting the hearing has either deposited the administrative fine in full or obtained an advance deposit hardship waiver (referred to hereinafter as a "perfected appeal"), shall the city clerk set the date and time for the administrative hearing. The hearing shall be set for a date not less than 15 fyftee days nor more than 60 si days after an appeal becomes a perfected appeal. The city clerk shall personally serve, or serve by mail, notice of the date, time, and place of the hearing to the person requesting the hearing, at least ten days before the date of the hearing. (Code 1980, § 1.12.130; Ord. No. 779, § 2(part), 200 7) Sec. 1.12.140. Request for continuance of hearing. The responsible person requesting a hearing may request one continuance, and the city may continue the hearing on its own initiative, but in no event shall the hearing begin later than 90 ninety days after the date the appeal becomes a perfected appeal. (Code 1980, § 1.12.140; Ord. No. 779, § 2(part), 2007) Sec. 1.12.150. Appointment of administrative hearing The city manager shall establish procedures fo �t officers. In no event, however, shall the same person who i person who has been adverse to the recipient of the citat proceeding, be the administrative hearing officer. (Code 1980, § 1.12.150; Ord. No. 779, § 2(part), 2007)- Sec. 1.12.160. Procedures at administrative �paring. lection of administrative hearing the administrative citation, or any any other legal or administrative Administrative hearings are informal,'and/formal rules of evidence and discovery do not apply. Each party shall have the'Appo tuuni ty to present evidence in support of that party's case and to cross-examine witnesses: The city hears the burden of proof at an administrative hearing to establish a violation of this 11 de Administrative citations, compliance orders and any additional reports submitted by the citi official shall constitute prima facie evidence of the facts contained in those documents. The adminzstrat.ive hearing officer shall use preponderance of evidence as the standard of review in deciding the'issues. (Code 1980, § 1.12.160; Ord. No. 779, § 2(part), 200 7) Sec. 1.12.170. Failure to attend administrative hearing. If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person will be deemed to have waived the right to an administrative hearing. (Code 1980, § 1.12.170; Ord. No. 779, § 2(part), 200 7) Sec. 1.12.180. Decision of administrative hearing officer. A.(A) The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than 30 tyLdays after the date oil which the administrative hearing concludes. The administrative order shall include the administrative hearing officer's written decision to uphold or cancel the administrative citation. The decision shall set forth the reasons for the decision. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. Page 20 of 496 B.{$} If the administrative hearing officer upholds the administrative citation and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative order shall be served upon the responsible person, personally or by mail consistent with section 1.12.080. Service shall be deemed effective on the date of personal service or mailing_ The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter. (Code 1980, § 1.12.180; Ord. No. 779, § 20)art), 2007) Sec. 1-1.2.190. Late payment charges. Any person who fails to pay to the city, on or before the due date, any administrative fine imposed pursuant to the provisions of this chapter, shall be liable for the payment of the administrative fine plus applicable late payment charges as follows: A. For payments received within 90 maydays after the due date, a late fee in the amount of 50 €4Y -percent of administrative fine due; B. For payments received more than 50 maydays after the due date, a late fee in the amount of 100 one ht -i dr-e'd percent of the overdue administrative fine. (Code 1980, § 1.12.190; Ord. No. 779, § 2(part), 2007) Sec. 1.12.200. Collection of administrative fine. The city may collect any past -due adminis tratii ev fine or -.late payment charges by use of any available legal means, including the lien procedure set forth in this chapter. (Code 1980, § 1.12.200; Ord. No. 779, § 2(part), 2007);� f\l Sec. 1.12.210. Appeal of decision of administrative hearing officer. Within 20 twenty days after service ofthe vision of the administrative hearing officer upon the responsible person, the responslble,person may seek de novo review of the decision by filing a :a notice of appeal with the 9 -in Be r�:� ^ounty superior court. The responsible person shall serve upon the office of the city cl rk eithc�in person or by registered mail, a copy of the notice of appeal. If the responsible persoll4alls to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed. Y (Code 1980, § 1.12.210; Ord. No. 779, § 2(part), 200 7) State law reference ---Appeal of final administrative order or decision, Government Code § 53069A(b). .Sec. 1.12.220. Appeal fee. The responsible person seeking review of an administrative order must pay a fee of $25.00 twenty five dollars, s, or such other fee as may be established, to the San R„••44.,i-4 county superior court. In the event that the court finds in favor of the responsible person, the city will refund this fee to the responsible person. (Code 1980, § 1.12.220; Ord. No, 779, § 2(part), 200 7) State law reference—Appeal fee, Government Code § 53069.4(b)(2). Sec. 1.12.230. Failure to comply with administrative order or pay administrative fine. Failure to comply with an administrative order after it becomes final, or to pay an administrative fine or late payment charge, is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with an administrative order, or to collect any past -due administrative fine or late payment charges. Page 21 of 496 (Code 1980, § 1.12.230; Ord. No. 779, § 2(part), 2007) Sec. 1.12.240. Remedies cumulative. The conviction and punishment of any person for failure to comply with the provisions of this chapter shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or imposition of a civil or administrative penalty for the violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Code 1980, § 1.12.240; Ord. No. 779, § 2(part), 2007) Sec. 1..12.250. Administrative penalties: continuing violations; compliance orders. The administrative remedy provided in this chapter for any continuing violation of this Code related to building, plumbing, electrical, mechanical or similar structural or zoning issues, that does not create an immediate danger to health or safety, may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. If a violation is not prosecuted criminally, the city may proceed with civil or administrative proceedings pursuant to this chapter. (Code 1980, § 1.12.250; Ord. No. 779, § 2(part), 2007) State law reference—Similar provisions, Government Code §'53069.4(a)(2). ~^ Sec. 1.12.260. Compliance order. Whenever the citing official determines thanere exists a continuing violation of any provision of this Code related to building, plumbing, electrical, mechanical or similar structural or zoning issues, that does not create an immediate �danger 0 health or safety, the citing official shall issue or cause to be issued a written compliance order to any responsible person, and such order shall be served by the citing official as provided in,this chapter. (Code 1980, § 1.12.260; Ord. No. 779, Sec. 1.12.270. Content of A compliance order shall" der. the following information: A. The date and location ofthe violation and the approximate time the violation occurred; B. The code section violatedd a description of the violation; C. The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, the date for compliance shall not be less than 48 forty eight hours from, the date the compliance order is served; D. The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process; E. - The time period after which administrative fines will begin to accrue if there is not full compliance with the order; F. The amount of the fine that will be imposed if there is not frill compliance with the order; G. The name and signature of the citing official. (Code 1980, § 1.12.270; Ord. No. 779, § 2(part), 2007; Ord. No. 855, § 4(attach. 4), 8-1-2012) Page 22 of 496 Sec. 1.12.280. Compliance order satisfied. A. If the citing official determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible person regarding the violations. B. When a compliance order is issued, if the responsible person provides written notice that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the citing official to be the date the violation was corrected. If, however, a final inspection confirms compliance before mailing or personal delivery of a written notice, or if no written -notice is provided, the date of final inspection shall be the date the violation was corrected. (Code 1980, § 1.12.280; Ord. No. 779, § 2(part), 2007) Sec. 1.12.290. Failure to comply; administrative citation. If the responsible person fails to fully comply with the compliance order within the time specified therein, the citing official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not obviate the responsible person's obligation to fully comply with the compliance order. (Code 1980, § 1.12.290; Ord. No. 779, § 2(part), 2007) Sec. 1.12.300. Decision of administrative hearing officer following appeal. A. if an administrative citation is appealed by the responsible person and an administrative hearing is held as provided in this chapter, the adminrstratrve.hearing officer shall issue a written decision entitled "Administrative Order" no later than 30thirty -days after the date on which the administrative hearing concludes. The administrative hearing officer shall make findings within ���\_1-i the administrative order regarding the existence of_ the violations} specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. Iffthe administrative hearing officer concludes that the violation continues to exist, the-�administrative order shall set forth a schedule for correction. If the administrative hearing officer \deterf'rfines that the. violation(e} set forth in the compliance order did not exist., or that the violati v�F4 was (were)timely corrected, all proceedings regarding the violations) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city -r shall be promptly refunded. The administrative order shall be served upon the responsible person personally or by mail consistent with section 1.12.080. Service shall be deemed effective on the date of personal service or mailing. B. The adr1iinistrative order shall impose administrative fines arkd costs as provided in this chapter. ' C. The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. (Code 1980, § 1.12.300; Ord. No. 779, § 2(part), 2007) Sec. 1.12.310. Administrative costs. The administrative hearing officer shall assess against the responsible person administrative costs for any violation found to exist, or for any violation which was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with prosecuting the violation, including, but not limited to, costs of investigation, staffing costs in preparation for the administrative hearing and for the hearing itself, attorneys' fees and costs And Posts all Page 23 of 496 inspections necessary to enforce the compliance order and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city. (Code 1980, § 1.12.310; Ord. No. 779, § 2(part), 2007) See. 1.12.320. Collection of administrative fines and costs; lien procedure. A. If the responsible person fails to satisfy in full any assessed administrative fines and costs in a timely manner as prescribed in this chapter, and has either failed to appeal or unsuccessfully appealed the assessment, the city may recover the outstanding fines and costs by imposing a lien against the real property on which the violation occurred. B. Prior to recording the lien with the San Bernardino ounty recorder's office, the city council or its designee shall conduct a hearing to hear any protest or objection to the lien. The citing official shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by certified mail, return requested, and by first class mail, at least ten days before the date of the hearing. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and by publication of the notice at least"ten days prior to the hearing in a newspaper of general circulation published in {� ounty and distributed within the city. C. If the city council or its designee determines that the leen should be imposed, then the citing official shall prepare and file with the finance d'epartne nt a report stating the amount due and owing. D. After the report is filed with the finance �depart)ment the titin official may cause the lien p g ) to be recorded with the county recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien. E. The remedies set forth ineth s,section,,are not exclusive and may be used in addition to those set forth elsewhere in this Code 61/r -in-state law. The city may collect any past -due fines and \ I-[ --- � costs by use of any available legidmeans, (Code 1980, § 1.12.320; Ord. No: 7\i § ?(part), 2007) CHAPTER 1.16. ESTABLISHMENT OF FEES Sec. 1.16.010. Fees establishment. The city council may from time to time, by resolution, establish fees for the following: A' Building permits; B. Plan checking; C. Code inspection of a structure to be moved; D. Additional fees for improper occupation; E. Hazardous and unsafe commercial buildings; F. Mechanical permits; G. Electrical permits; H. Plumbing permits; I. Sign permits; J. Community beautification; Page 24 of 496 K. Processing applications affecting zoning laws; L. Fees, bonds and deposits; M. Mob ilehomelrecreational vehicle parks; N. Lot line adjustments, lot splits, minor subdivisions; 0. General plan amendments; P. Specific plan; Q. Environmental impact reports; R. Miscellaneous; S. Permit fee for swimming pools; T. House moving and transportation deposit; U. Grading permit and plan check fees; V. Repair or emergency work by city; W. Cost of living increase. (Code 1980, § 1.16.010; Ord. No. 29, § 1, 1978; Ord. No. 32, § 1, 1978) Sec. 1.16.020. County code fees superseded. The fees established b resolution of the cit counci�der the authority of this chapter, shall Y Y �� � Y p supersede all fees of a like nature which are contained\in the c„n R,,..nat-dine county code heretofore adopted by reference by the city. (Code 1980, § 1.16.020; Ord. No. 32, § 2, 1978) Page 25 of 496 Title 2 ADMINISTRATION AND PERSONNEL* *State law reference—City manager form of government, Government Code § 34851 et seq_; personnel, Government Code § 45000 et seq. CHAPTER 2.04. PERSONNEL ADMINISTRATION SYSTEM* *State law reference–Personnel, Government Code § 45000 et: seq. Sec. 2.04.010. Personnel system development; city manager implementation authority. The city manager is delegated the following powers, authority and/or duties: A. To develop, adopt, review, revise and readopt a position classification plan encompassing all categories of appointed city employees; 13. . To develop, adopt, review, revise and readopt comprehensive personnel rules, forms and procedures governing the details of all personnel administration and management encompassing all categories of appointed city employees; C. To develop, review, revise, survey and to recommend to the city for its adoption a salary plan encompassing all categories of appointed city employees and to administer such plan after adoption by the city council.; %�` D. To act as city personnel officer and to have thezaut rity-t delegate such duties inherent therein to a management employee as he shall'deem appropriate, in whole or in part, by issuance of appropriate administrative orders; E. To keep the city council informed of changes affecting major personnel policy, the city employee force or personnel impacts -on thee,community; F. To determine the pay of designated management employees within minimums and maximums as set by council resolution; provided, however, any such pay change for any such management employee s reported`to the city council in executive session,- together with the reasons why such p4y—adjustment is to be made and how such individual employee's personal performance and qualifications warrant such pay rate change. (Code 1980, § 2.04.010: Ord. No 110,�§ 1, 1980) State law reference—City manager may appoint and dismiss appointive subordinate officers and employees except city attorney, Government Code § 34856; authority of legislative body of city to appoint personnel officer and delegate powers and duties in relation to system, Government Code §,15004.. See. 2.04.020. System coverage; exceptions. The city manager shall be covered by the rules and regulations as they may apply to perquisites, fringe benefits and working conditions, except that the city council may enter into an employment agreement with the city manager to expand, clarify, supplement, define and restrict such benefits as it shall deem appropriate, including, but not limited to, the following: A. Termination pay; B. Personal use of city vehicle; C. City -paid deferred compensation at a percentage of base pay greater than that provided to other management employees; D. Additional sick leave, vacation and conference attendance; E. Revised working hours in recognition of the exigencies of the position; F. Meritorious and longevity pay and bonuses; Page 26 of 496 G. Supplemental retirement benefits; and H. Other benefits and perquisites peculiar to the office of the city manager. (Code 1980, § 2.01.020; Ord. No. 110, § 2, 1980) CHAPTER 2.08. CITY MANAGER* *State law reference City manager form of government, Government Code § 34851 et sed. Sec. 2.08.010. Office created. The office of the city manager is created and established. The city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Code 1980, § 2.08.010; Ord. No. 2, § 1, 1977) Sec. 2.08.020. Residence requirement. Residence in the city at the time of appointment of a city manager shall not be required as a condition of appointment, but within 180 one L.....,]red eighty days after reporting for work the city manager must become a resident of the city unless the city council approves his residence outside the city. (Code 1980, § 2.08.020; Ord. No. 2, §,2, 1977) See. 2.08.030. Eligibility. No member of the city council shall be eligible`for appointment as city manager until one year has elapsed after such councilmember shall have ceaseato be a member of the city council. (Code 1980, § 2.08.030; Ord. No. 2, § 3, 1977) Sec. 2.08.040. Bond. The city manager and acting �city manager shall furnish a corporate surety bond to be approved by the city council in sudh sum as may be determined by the city council, and shall be conditioned upon the faithful performance -of the duties imposed upon the city manager and acting city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Code 1980, § 2.08.040; Ord. No. N24;,;If)77) State law reference—l3ond of city officers and employees generally, Government Code § 36518 et sed. Sec. 2.08.050. Acting city manager. The assistant city manager shall serve as ruanager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager's absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager. (Code 1980, § 2.08.050; Ord. No. 2, § 5, 1977) Sec. 2.08.060. Compensation. A. The city manager shall receive such compensation as the city council shall from time to time determine. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. B. On termination of employment of the city manager by reason of involuntary removal from service other than for willful misconduct in office, the city manager shall receive cash Page 27 of 496 severance pay in a lump sum equal to two months' pay for every year of continuous service or fraction thereof as city manager, up to a total of six months' pay, such pay to be computed at the highest salary received by the city manager during his service with the city. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city. (Code 1980, § 2.08.060; Ord. No. 2, § 6, 1977) Sec. 2.08.070. Powers and duties; generally. The city manager is 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. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon., it shall be his duty and he shall have the powers set forth in sections 2.08.080 through 2.08.190. (Code 1980, § 2.08.070; Ord. No. 2, § 7, 1977) State law reference -Power to dismiss and appoint other officers and employees, Government Code § 34856; vesting authority to appoint subordinate city officials in city manager, Government Code § 36510. Sec. 2.08.080. Law enforcement duty. It is the duty of city manager to enforce all laws and or�ces of the city and to see that all franchises, contracts, permits and privileges granted by th c .;y council are faithfully observed. (Code 1980, § 2.08.080; Ord. No. 2, § 7.1, 1977) r Sec. 2.08.090, Authority over employees. It is the duty of the city manager, and he s all ha t authority, to control, order and give directions to all heads of departments and to su dina officers and employees of the city under his jurisdiction through their department (Code 1980, § 2.08.090; Ord. No. 2, § 7.2, 197 Sec. 2.08.100. Power of a»nointna�an oval. It is the duty of the city mane he shall, appoint, remove, promote and demote any and all officers and employee e c xcept the city attorney, city clerk and treasurer. (Code 1980, § 2.08.100; Ord. No. .3, 19 ) State law reference—Power to di 'ss and appoint other officers and employees, Government Code § 34856; vesting authority to appoint su ordinate city officials in city manager, Government Code § 36510. Sec. 2.08.110. Administrative reorganization of offices. It is the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction is may be indicated in the interest of efficient, effective and economical conduct of the city's business. In the event that anv such reorganization results in the vacancv of anv office, position, or unit designated bit -this Code to perform some specified function or act, the city manager shall designate another officer, employee, or unit to perform that specified function or act. (Code 1980, § 2.08.110; Ord. No. 2, § 7.4, 1.9 77) Sec. 2.08.120. Ordinance recommendation. It is the duty of the city manager and he shall recommend to the city council for adoption such measures and ordinances as he deems necessary. (Code 1980, § 2.08.120; Ord. No. 2, § 7.5, 1977) Page 28 of 496 Sec. 2.08.130. Attendance at city council meetings. It is the duty of the city manager to attend all meetings of the.city council unless at his request he is excused therefrom by the mayor individually or the city council, except when his removal is under consideration. (Code 1980, § 2.08.130; Ord. No. 2, § 7.6, 19 7 7) Sec. 2.08.140. Financial reports. It is the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city. (Code 1.980, § 2.08.140; Ord. No. 2, § 7.7, 1977) Sec. 2.08.150. Budget preparation and submittal. It is the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (Code 1580, § 2.08.150; Ord. No. 2, § 7.8, 1977) Sec. 2.08.160. Expenditure control and purchasing. It is the duty of the city manager' to see that no e p ditures shall be submitted or recommended to the city council except on approval of-,the—city manager or his authorized representative for the purchase of all supplies for all theCdepartments or divisions of the city. (Code 1980, § 2.08.160; Ord. No. 2, § 7.9, 1977) Sec. 2.08.170. Investigations and complaints. ( It is the duty of the city manager to makeinvestigations into the affairs of the city and any department or division thereof, and any co trn actXor-the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration off theJl city government and in regard to the service maintained by public utilities in the \city. (Cade 1980, § 2.08.170; Ord. No. 2,-§-7..10, 1977)� Sec. 2.08.180. Supervision o�fpublic buildings. It is the duty of the city manager and he shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the city council. (Code 1980, § 2.08.180; Ord. No. 2, § 7.11, 19 7 7) Sec. 2.08.190. Additional duties. It is the duty of the city manager to perform such other duties 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. (Code 1980, § 2.08.190; Ord. No. 2, § 7.12, 19 7 7) Sec. 2.08.200. Council-manager relations. 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 or instructions to any subordinates of the city manager. 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 councilmember shall give any orders or instructions to the city manager. Page 29 of 496 (Code 1980, § 2.08.200; Ord. No. 2, § 8.1, 19 i7) Sec. 2.08.210. Departmental cooperation. It is the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Code 1980, § 2.08.210, Ord. No. 2, § 8.2, 1977) Sec. 2.08.220. Removal procedure. The removal of the city manager shall be effected only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject, however, to the provisions of sections 2.08.030 through 2.08.260. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the city council's intention to remove him, at least 30 thirty days before the effective date of his removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least 15 fifteen days prior to the effective date of such removal. (Code 1980, § 2.08.220; Ord. No. 2, § 9.1, 1977) Sec. 2.08.230. Removal hearing. �1 Within seven days after the delivery to the city manager,,of suehyynotice of intention to remove, he may, by written notification to the city clerk, requ st a hearing before the city council. Thereafter the city council shall fix a time for therhearing which shall be held at its usual meeting place, but before the expiration of the 30 -day period, at�which the city manager shall appear and be heard, with or without counsel. (Code 1980, § 2.08.230; Ord. No. 2, § 9.2, 1977) Sec. 2.0$.240. Suspension pending .he ing. After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but -his cmpen ation shall continue until his removal by action of the city council passed subsequenttothe hearing. r (Code 1980, § 2.08.2,10; Ord. hearing- No 9 3, 1977) Sec. 2.08.250. Discretion of council. In removing the city manager, 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. (Code 1980, § 2.08.250; Ord. No. 2, § 9.4, 1977) Sec. 2.08.260. Limitation on removal. Notwithstanding the provisions of sections 2.08.220 through 2.08.250, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 ninety days next succeeding any general municipal election held in the city at which election a member of the city council is elected or when a new city councilmember is appointed; the purpose of this provision is to allow any newly elected or appointed 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 90 -day period aforementioned, the provisions of sections 2.08.220 through 2.08.250 as to the removal of the city manager shall apply and be effective. Page 30 of 496 (Code 1980, § 2.08.260; Ord. No. 2, § 9.5, 1977) Sec. 2.08.270. Additional agreements on employment. 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. (Code 1980, § 2.08.270; Ord. No. 2, § 10, 1.977) CHAPTER 2.12. CITY COUNCIL MEETINGS* *State law reference—Meetings of the city council, Government Code §§ 36805, 54954 et seq. Sec. 2.12.010. Meeting place. Regular meetings of the city council shall be held at a --specific laeation or -locations within the civic center located at 10500 Civic Center Drive, Rancho Cucamonga, California, established by resolution of this council. (Code 1980, § 2.12.010; Ord. No. 91, § 1, 1979; Ord. No. 421, § 1, 1990; Ord. No, 421A, § 1, 2000) Sec. 2.12.020. Designation of alternate meeting place. /111 The city council may, by resolution adopted not less than -two weeks prior thereto, hold a regular meeting at any other location in the city spocifiedrin-t'ie-r se olution. (Code 1980, § 2.12.020; Ord. No. 91, § 2, 1979) y• Sec. 2.12.030. Agenda; posting; action on other matters, A. At least 72 hours before a (regula�y meeting, the city council, or its designee, shall post an agenda containing a brief/'general-,description of each item of business to be transacted or discussed at the meeting.IT he agepda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and shall be posted on the city website \,action/shall be taken on any item not appearing on the posted agenda. B. Notwithstanding subsection A,of this section, the city council may take action on items of business not appearing in -the posted agenda under any of the following conditions: 1. Upon a determinationy majority vote of the city council that an emergency situation exists, as such is defined,in Government Code § 54956.5, as amended. 2. Upon a -determination by a two-thirds vote of the city council or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsQquent to the agenda being posted as specified in subsection A of this section. 3. The item was posted pursuant to subsection A of this section for a prior meeting of the city council occurring not more than five calendar days prior to the date action is taken on the item and, at the prior meeting, the item was continued to the meeting at which action is being taken. (Code 1980, § 2.12.030; Ord, No. 428, § 2, 1990) State law reference --Agenda required, Government Code § 54954.2. Sec. 2.12.040. Opportunity for public to address legislative body; regulations. A. Every agenda for a regular meeting shall provide an opportunity for members of the public to directly address the city council on items of interest to the public hpfArp. Ar ,d....;., +4. T legislative i. ady's ,,,,..s;,.i, ,radon- of the :te , that are within the subject matter of jurisdiction of the Page 31 of 496 city council, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by section 2.12.030B. su - tier u „f Beet:,,., , o n,3n However, in the case of a meeting of the city council, the agenda need not provide an opportunity for members of the public to address the city council on any item that has already been considered by a committee, composed exclusively of members of the city council, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during. -the committee's consideration of the item unless the item has been substantially changed since the committee heard the item, as determined by the city council. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. B. The city council may adopt reasonable regulations to ensure that the intent of subsection A of this section is carried out, including, but not limited to, regulations limiting the total of time allocated for public testimony and particular issues and for each individual speaker. (Code 1980, § 2.12.040; Ord. No. 428, § 3, 1990) State law reference—Agenda requirements, Government Code, §§ 54954.2, 54954.3 - CHAPTER 2.16. SALARIES *State law reference—Salary of council members, Government`Code, §-36516. Sec. 2.16.010. Statutory authority. \\ The ordinance codified in this chapter is en acted,pursuant to the provisions of seetion 365W of the Government Code § 36516 of the -st��authorizing the city council to provide by ordinance that each member of the cit council shall receive a,prescribed salary, the amount of which shall be based upon the population of the city as determined�by estimates Vie -validated by the state department of finance. (Code 1980, § 2.16.010; Ord. No. 10, § 1, 1977) Sec. 2.16.020. Population estimate. As of September 1, 1989e1he'Matest-estimate of population of the city -fie-validated by the State Department of Finance is,,104,000V ^ ti,• .a.. d .,.. +� ,., .,� (Code 1980, § 2.16.020; Ord. No. 1[ § Z,/1971; Ord. No. 10-8, § 1, 1989) Sec. 2.16.030. Salary amount and waiver. A. Each member of the city council other than the mayor shall receive as salary the sum of .$1,309.73 one +h,,,,san.d three h-,adr„d r e doll.,rs and seventy thre. . per month. The mayor shall receive the sum of $1,459.73 one +►,,,,.sand f,,,... hundifed fifty nine deli,,,,,; .,.,d seventy three eek -per month. The salary shall be paid at the same time and in the same manner as salaries are paid to other officers and employees of the city. B. Any member of the city council may receive the authorized increase in salary, or portion thereof, as provided in this section by enactment of Ordinance No. 10C, by filing a written request for said increase, or portion thereof, with the city clerk of the -city. Such request may be filed at any time and shall continue in effect until the end of the city councilmember's term of office or until a withdrawal of the written request is filed with the city clerk. (Code 1980, § 2.16.030; Ord. No. 10, § 3, 1977; Ord. No. 10-B, § 2, 1989; Ord. No. IOC, § 1, 1998, Ord. No. 10E, § 1, 2008) State law reference—Salary determinations, Government Code § 36516. Page 32 of 496 Sec. 2.16.040. Salary adjustment. Following any new and later authorized estimate of population or census placing the city in a population group other than that set forth in section 2.16.020, the salary payable to each member of the city council shall be increased or decreased accordingly to equal the sum prescribed for that population group in section 36516 of the Government Code § 36516 of the te; provided, however, the salary so increased or decreased shall become payable only on and after the date upon which one or more members of the city council become eligible therefore by virtue of beginning a new term of office following the next succeeding general municipal election held in the city. (Code 1980, § 2.16.040; Ord. No. 10, § 4, 1977) Sec. 2.16.050. Additional recompensation. The salaries prescribed in this chapter shall be exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred by a member of the city council in the performance of official duties for the city. (Code 1980, § 2.16.050; Ord. No. 10, § 5, 1977) Sec. 2.16.060. Percentage salary adjustment. Notwithstanding any other provision of this chapter, and pursuant to Government Code § 36516.2, the salary of each member of the city council is increased effective on the operative date bf the ordinance codified in this chapter, by an amount�qual to 2.511 s ra one half percent for :ri each calendar year from the operative date of the'la\st�aTdjustment of salary in effect, which adjustment was made pursuant to Government Code' and section 2.16.040 E)c this ehap�� This section shall not be deemed to provide for anfautomatic future increase in salary. (Code 1980, § 2.16.060; Ord. No. 10-A, § 1, 1984) or ��) CHAPTER 2.20.'t PLANNING COMMISSION* *State law reference—Planning commission\Govvernment Code § 65101; city planning agencies generally, Government Code § 65100 et seq. �• See. 2.20.010. Created. There is created and established in the city a planning commission. (Code 1980, § 2.20.010; Ord. No. 13,§-1,,1978) Sec. 2.20.020. Planning agency. The planning commission shall be the planning agency of the city. (Code 1980, § 2.20.020; Ord. No. 13, § 2, 1978) Sec. 2.20.030. Membership --Number. The planning commission shall consist of five members who shall be appointed by the council. The mayor shall submit to the city council the name of any person proposed for appointment to the planning commission, and, upon such appointment by the city council, the name of the appointee shall be recorded in the minutes of the city council meeting. (Code 1980, § 2.20.030; Ord. No. 13, § 3, 1978) State law reference—Membership, Government. Code, § 65191. Sec. 2.20.040. Membership—Positions to be non -salaried. Members of the planning commission shall receive no salary, provided, however, that nothing in this chapter, shall preclude reimbursement for actual and necessary expenses incurred by a member of the planning commission in the performance of official duties for the city. Page 33 of 496 (Code 1980, § 2.20.040; Ord. No. 1:3, § 4, 1978) Sec. 2.20.050. Membership --Length of terms. A. The five members of the planning commission initially appointed shall deter—. --nine the length of their terms by let Three ,,.,embe..s shall serve a -terms of four years and shall continue in office until their respective terms expire unless sooner removed as provided in the ordinance codified in this section, and their successors shall be appointed for terms of four years. Twe FnembeFs shall serve feF a term of two years and shall eantinue in effiee until their respee appeinted raff te-4-- .iS of f •••• yeat-s. If a vacancy shall occur, other than by expiration of the term of office, it shall be filled by appointment by the mayor with the approval of the city council for the unexpired term. The term of any planning commissioner shall be extended for that length of time as may be necessary and convenient to appoint and set a successor planning commissioner. B. t, -rm- is; net to expire, -Thereafter, planning commission members shall be appointed to their customary scheduled terms to commence on the fivst -'a• of Ja�nnary 1 of even -numbered years. (Code 1980, § 2.20.050; Ord. No. 13, § 5, 1978; Ord. No. 13A, § 2, 1980; Ofd>No. 292, § 1, 1986; Ord. No. 567, § 11 1997)- See. 997)-Sec. 2.20.060. Membership—Removal. Any member of the planning commission md"y" be r`emo}ed at any time by a majority vote of the entire city council. (Code 1980, § 2.20.060; Ord. No. 13, § 6, 1978) Sec. 2.20.070. Powers and duties. The powers, functions and d Lib' 1ot.`the-planning commission shall be as set forth in the statutes of the state, applicable ordinances of the city, and such matters as may he assigned to the planning commission by resolution oetbcity council. (Code 1980, § 2.20.070; Ord. NA1'3, §l, 1978; Ord. No. 513, § 1, 1993) State law reference—Powers, f��tnctioll s and duties, Government Code § 65103. Sec. 2.20.080. Meetings. Regular meetings of the planning commission shall be held at such time and place as is determined by resolution of the city council. (Code 1980, § 2.20.080: Ord. No. 13, § 8, 1978) 2.20-0-90. -Reserved. Rditans Note: Ord. No. 855, § 4(attaeh ' 1), adopted Aug. 1, 2012, repealed § 2.20.090, in its entii!ety. FE)Fme § 2.20.090 per-tained to "Pub -lie noti-fiEfttiOR PF66ediff-P-S." SO -e List and Disposition Tablo d. A CHAPTER 2.24. HISTORIC PRESERVATION* ■ . r ■ • MINI 11 N.M. . ■ Page 34 of 496 *State law reference—Authority to impose standards on real property in the California Register of Historic Properties, Government, Code § 65852.2. Sec. 2.24.010. Purpose. (a) It is found that the protection, enhancement, perpetuation, and use of districts, sites, and structures of historic, cultural, and architectural significance located within the city e€ Ranehe Gueamenga-are of aesthetic and economic value to the city. It is further found that cultural and historic resources contribute to the city's character, atmosphere, and reputation, and that respecting the heritage of the city will enhance its economic, cultural, and aesthetic standing. Therefore, it is imperative that the city safeguards these irreplaceable resources for the welfare, enjoyment, and education of the present and future community. (b) The purpose of this chapter is to: A. Provide a mechanism to identify, designate, protect, preserve, enhance, and perpetuate those historic sites, structures, and objects that embody and reflect the city's aesthetic, cultural, architectural, and historic heritage; B. Foster civic pride in the beauty and accomplishments represented by the city's historic landmarks and distinctive neighborhoods and recopni e these resources as economic assets; C. Encourage the protection, enhancement, appreeigtion, a do use of structures -of historical, . cultural, architectural, community, or aesthetic\ value thathavenot been designated as historical resources but are deserving of recognition; D. Enhance the quality of life and promote future economic development within the city by stabilizing and improving the aesthetic and economic value of such districts, sites, structures, and objects; E. Encourage adaptive reuse of the city's Historic resources by promoting public awareness of the value of rehabilitation., restoration, and maintenance of existing buildings as a means to conserve reusable material -and energy resources; F. Integrate historic preservation within the city's comprehensive development plan; G. Promote and encour g�hista is preservation through continued private ownership and utilization of such sites, buildings, and other structures now so owned and used, to the extent that the objectives listed above can be attained under such policy. (Code 1980, § 2.21.010, Ord. No. 8,18, § 3(at.tach. A), 7-6-2011) Sec. 2.24.020. Definitions. The following terms, when used in this chapter, shall have the meaning ,set forth in this section, unless a different meaning clearly appears from the context: Alteration means any act or process that modifies a historic landmark or contributing resource that either: AJ{ Requires a building permit and changes one or more of the features of a landscape or structure, including, without limitation, the erection, construction, reconstruction, or relocation of any structure or any part of a structure; or &(2,) Significantly changes any feature of a landscape or exterior of a structure that relates to its status as a historic landmark or contributing resource, regardless of whether such act or process requires a building permit. Building and. safety official means the building and safety official of the city ^F Ranehe Gide.,fnef g or his or her designee. Page 35 of 496 Coin titi.ssion means the city of R-ane4 e Ckieamonga historic preservation commission. Conseroation district means an area of the city designated as a conservation district pursuant to this chapter. Contributing resource means any site, sign, structure, building, landscape, object, area, place, or feature within a conservation district that is either a separately designated historic landmark or designated as a resource that contributes to the district's historic, cultural, or architectural significance. Demoldi.on means any act or process that destroys, in whole or in part, a building, structure, or site, or permanently impairs its structural integrity. Historic landmark means any structure, any site, sign, structure, building, landscape, object, area, place, or feature designated as a historic landmark pursuant to this chapter. Inventory of historic resources means the inventory adopted by the commission of potentially historic sites, structures, buildings, landscapes, areas, and places in the city. Ordinary main.ten.ance and repair means any work for which a building permit is not required by law, the purpose and effect of which is to correct any deterioration of or damage to an improvement or natkiral feature or any part thereof and to restore -lie same, to its condition prior to the occurrence of such deterioration or damage. Planning director means the planning director of the city of rn...,eha Gueamonga or his or her designee. �\ Point of historic interest means a location designated as a point of historic interest pursuant to this chapter. Register of historic resources means�the%�\T�Ve�r�nTory�adopted by the commission of historic landmarks, points of historic interest, and conservation districts designated pursuant to this chapter.= Rehabilitation means the act nori c`ess" of makin ossible a com alible use fora ro ert� g P P property 3 through repair, alterations ,And, ti additions while preserving those portions or features which convey its historical, culturalor,architectural significance. Restoration means the act of process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period, which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other code -required work to make the property functional. Secretary's standards means the standards for the treatment of historic properties adopted by the United States Secretary of the Interior, and all guidelines adopted for the implementation of the same. Small business means any office -type use that does not exceed 2_, 500 *•••o thallsfin' five hundred square feet, with no more than five employees. State historical building code means California Health and Safety Code § 18950 et seq., and the California Historical Building Code, codified at part 8, title 24 of the California Code of Regulations, as either of these may be amended from time to time. (Code 1980, § 2.24.020; Ord, No. 848, § 3(attach. A), 7-6-2011) Page 36 of 496 Sec. 2.24.030. Historic preservation commission. A. Creation. There is created the historic preservation commission of the city.„rte:, o--sQ- R. Powers and ditties. The commission shall have the following powers and duties in addition to any other duties specified in this chapter:. 1. Administer the provisions of this chapter. 2. Advise the city council in all matters pertaining to historic preservation. 3. Maintain a current register of designated historic resources for public use and information. 4. Maintain a current inventory of potentially historic resources for public use and information. 5. Recommend the designation of historical resources, as hereinafter provided by this chapter. G. Review and hold public hearings on applications for certificates of appropriateness, as hereinafter provided. 7. Review and comment on the decisions and docum”' ents,_ including, but not limited to, environmental assessments, environmental impacter ports}, and environmental impact statements, prepared by other public agencies when such4decisions or documents might affect designated or potential historical resources within the city. 8. Participate in, promote, and conduct publ��foi\atronal, educational, and interpretive programs pertaining to historical resources. 9. Recommend and encoura e the otection�nhancement appreciation, and use of g p i, pp structures of historical, cultural, architectural, community or aesthetic value that have not been designated as historical resources but are deserving of recognition. 10. Consider requests by property_ _owners for non-technical advice on proposed work on historical landmarks and contributing resources. 11. Perform any other f nctions that may be designated by resolution or action of the city council. C. Meniberslu a �ointrrtciit and terms. The commission shall consist of five voting p, appoint, g members who shall each be residents of the city and appointed by the city council. 1. Each member shall serve a term of four years, except that two of the members first appointed shall be designated to serve a term of two years, and three of the. members for a term of four years, so as to provide a continuity of membership on the commission. Thereafter, the term for each voting member shall be four years. An appointment to fill an unexpired term shall be for the remainder of such unexpired term. Three members of the commission shall constitute a quorum. 2. Commission members shall be appointed to terms commencing on the 44H44aY of January 1 next succeeding each regular municipal election scheduled to occur in November of even -number years. D. Chairperson and vice -chairperson; appoinfineril and term. The mayor, with the approval of the city council, shall appoint the first chairperson from among the members of the commission. The term of office of the chairperson shall be for the calendar year or that portion remaining after the chairperson is appointed or elected. Thereafter, when there is a vacancy in the office of the chairperson, the commission shall elect a chairperson and vice -chairperson each year in the month Page 37 of 496 of July from among its members. The same individual shall not hold the position of chairs ep rson for more than three years in a row. E. Assignment of duties by council. 1. Notwithstanding any other provision of this chapter, the city council may, by resolution, designate the planning commission as the historic preservation commission and vest all functions, rights, powers, and duties of the historic preservation commission in the planning commission. In the event the city council so designates the planning commission, the membership, terms of office and officers of the historic preservation commission shall be the same as that set forth for the planning commission. 2. If, on the effective date of this section, the planning commission is then acting as the historic preservation commission pursuant to the city council's previous designation, such designation shall continue in effect and the planning commission shall continue to act as the historic preservation commission subject to the requirements and terms of this chapter. F. Secretory. The planning director shall act as secretary to the commission and shall be custodian of its records, conduct official correspondence, and generally coordinate the clerical and technical work of the commission in administering this chapter (Code 1980, § 224.030; Ord. No. 848, § 3(attach. A), 7-6-2011) Secs. 2.24.040-2.24.270. Reserved. �\ CHAPTER 2.32. ELIGIBILITY-FORMPLOYMENT Y Sec. 2.32.010. City employment eligibility liLtation.) No person convicted (including plea of guilty --/and nolo contendere) of a felony or a misdemeanor involving moral turpitude shall be eligible for employment by any department of the city; provided, however, the appointing` authority shall disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist, such as, but. not _-,a 1J limited to, evidence of rehabilitation; tlie_length of time elapsed since such conviction, the age of such person at the time of the convict o or -the fact that the classification applied for is unrelated to such conviction. (Code 1980, § 2.32.010; Ord. No. 66,'§ 1,,1979; Ord. No. 66A7 § 1, 1980) Sec. 2.32.020. Information access restrictions. The city manager, assistant to the city manager, finance director, police chief, city attorney, assistant city attorney, and each appointing authority of the city are hereby authorized to have access tb the state summary criminal history information, as 'provided for in sees o 11105 o f the Ctrk eraia Penal Code § 11105, when it is required to assist such individual to fulfill the employment responsibilities set forth in this chapter. (Code 1980, § 2.32.020; Ord. No. 66, § 2, 1979) State law reference—Authority to obtain criminal history to assist in fulfilling employment, etc., duties, Penal Code § 11105(11). CHAPTER 2.36. DISASTER COUNCIL* *State law reference—Local disaster councils, Government. Code § 8610 et seq.; emergency management, Government Code § 8630 et seq. Page 38 of 496 Sec. 2.36.010. Purpose. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations, and affected private persons. (Code 1980, § 2.36.010; Ord. No. 104, § 1, 1980) Sec. 2.36.020. Emergency defined. As used in this chapter, the term "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but 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 this city, requiring the combined forces of other political subdivisions to combat. (Code 1980, § 2.36.020; Ord. No. 104, § 2, 1980) Sec. 2.36.030. Disaster council—Membership. The disaster council is created and shall consist of the.folloWing. e p A_ The mayor, who shall be chairraa-nrson; 4'�, B. A councilmember, who shall be vice-chairn pe`rson; C. The director and assistant director of e e ge�?services; D. Such chiefs of emergency services -as are,provided for in emergency plan of this city, adopted pursuant to this chapter; K Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice -and cnnsent.of the city council. (Code 1980, § 2.36.030; Ord. No 104 3 180) Sec. 2.36.040. Disaster couricilzPowers and duties. It is the duty of the disas\te\r1_C1ounc1l, and it is empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairu+tn ep rson or, in his absence from the city or inability to call such meeting, upon call of the vice -chairs ep rson. (Code 1980, § 2.36.040; Ord. No. 104, § 4, 1980) Sec. 2.36.050. Director and assistant director of emergency services—Office created. A. There is created the office of director of emergency services. The city manager shall be the director of emergency services. B. There is created the office of assistant director of emergency services, who shall be appointed by the director. (Code 1980, § 2.36.050; Ord. No. 104, § 5, 1980) Sec. 2.36.060. Director and assistant director of emergency services—Powers and duties. A. The director is empowered to: Page 39 of 496 Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; 2. Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; 3. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; 4_ Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; 5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in section 2.36.020; 6. In the event of the proclamation of a local emergency as provided in this chapter, the proclamation of a state of emergency by the governor or the director of the state office of emergency services, or the existence of a state of war emergency, the director is empowered: a. To make and issue rules and regulation" s on matters reasonably related to the protection of life and property as affected�by such emergency; provided, however, such rules and regulations must b , confirmed at'the earliest practicable time by the city council; b. To obtain vital supplies, eq{ ipment;`and such other properties found lacking and needed for the protection oTife and' property and to bind the city for the fair value thereof, and, if required immediately to commandeer the same for public use; C. To require emergency �servi es of any city employee and, in the event of the proclamation of a state, ofemergency in the county in which this city is located or the existence of a state of war,emergency, to command the aid of as many citizens of this community as he,deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; d. To requisition necessary personnel or material of any city department or agency; and e. To execute all of his ordinary powers as city manager, all of the special powers conferred upon him by this chapter erdinanee-or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council, and any other lawful authority. B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council. C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Code 1980, § 2.36.060; Ord. No. 104, § 6, 1980) Page 40 of 495 Sec. 2.36.070. Emergency organization. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of section 2.36.060, shall be charged with duties incident to the protection of life and property in this city during such emergency, and shall constitute the emergency organization of the city. (Code 1980, § 2.36.070; Ord. No. 104, § 7, 1980) Sec. 2.36.080. Emergency plan. The disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Code 1980, § 2.36.080; Ord. No. 104, § 8, 1980) Sec. 2.36.090. Violations. It shall be a misdemeanor for any person, during an eme en'y, to: A. Willfully obstruct, hinder, or delay any memb a ergency organization in the enforcement of any lawful rule or regulatio su p ant to this chapter, or in the performance of any duty imposed upon him b ue of this chapter; B. Do any act forbidden by any lawful rul or re a issued pursuant to this chapter, if such act is of such a nature as to give be i ly to give assistance to the enemy or to imperil the lives or properly of in is city, or to prevent, hinder, or delay the defense or protection thereof; C. Wear, carry, or display, wit ou tho , any means of identification specified by the emergency agency of the a (Code 1980, § 2.36.090; Ord. No. 19A,J 2.40. ARREST POWERS Sec. 2.40.010. City employee eNipreement powers. An officer or employee of the city or the fire district designated by city council resolution is empowered to, and has the diity to, enforce any provision of any ordinance of the' city, and all primary and secondary codes referred to therein, the violation of which provisions ,constitute an infraction or misdemeanor. The employee shall • be deemed a public officer or employee empowered by virtue of this Code and Penal Code § 836.5 to give citations for such violations wherever such officer or employee has reasonable cause to believe that the person cited has committed such misdemeanor or infraction in his presence which is a violation of the ordinance, primary code or secondary code which such officer of employee has the duty to enforce. (Code 1980, § 2.40.010; Ord. No. 54, § 1, 1979) CHAPTER 2.44. REDEVELOPMENT AGENCY* *State law reference—Community development and housing, Health and Safety Code § 33000 et seq.; community redevelopment agency, Health and Safety Code § 33100 et seq. Page 41 of 496 Sec. 2.44.010. Purpose of provisions. It is found, determined and declared, pursuant to seeti; n -22101 --of the Health and Safety Code 33101 of the state ^F' akf f , that there is a need for the redevelopment agency, created by Health and Safety Code § 33100 ofsaid eade, to function in the city of AR ehE) GIdeR E)FIg^ and said agency is authorized to transact business and exercise its powers under the Community Redevelopment Law of the state (Health and Safety Code § 33000 et seq.) (Code 1980, § 2.44.010; Ord. No. 145, § 1, 1981) Sec. 2.44.020. Powers vested in city council. Pursuant to the provisions of Health and Safety Code § 33200, the city council declares itself to be said agency, and all the functions, rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in said agency shall be, and they are, vested in the city council. (Code 1980, § 2.44.020; Ord. No. 145, § 2, 1981) Sec. 2.44.030. Executive director. The city council appoints the city manager to serve as executive director of the redevelopment agency. (Code 1980, § 2.44.030; Ord. No. 145, § 3, 1981) Sec. 2.44.040. Copies on file in state and county offi es�!, The city clerk shall cause a certified copy of this chapter to be filed in the office of the Secretary of State of the State of California, and the, clerk of the county e€San BeFnafdine - pursuant to seetion 2310-2 ofthe Health and Safety Code § 33102. (Code 1980, § 2.44.040; Ord. No. 145, § 4, 1981)����� CHAPTER 2.48. INDUSTRIAL DEVELOPMENT AUTHORITY* *State law reference -California Industrial Development Financing Act, Government Code § 91500 et seq. Sec. 2.48.010. Need to assist -,industry. The city council finds and declares that there exists in the city a need to assist industry in the financing of capital outlays required to acquire, construct or rehabilitate facilities in order to increase employment opportunities and to contribute to economic development in the city. (Code 1980, § 2.48.010; Ord. No. 171, § 1; 1982) Sec. 2.48.020. Need for an authority. The city council further finds and declares that there is a need for an industrial development authority of the city in order to assist in providing industry in the city with an alternative method of financing in acquiring, constructing or rehabilitating facilities in accordance with provisions of the California Industrial Development Financing Act, Government Code _§ 91500 et seq. (Code 1980, § 2.48.020; Ord. No. 171, § 2, 1982) Sec. 2.48.030. Organization. The industrial development authority of the city established by the California Industrial Development _Financing Act is declared organized under the name of "Industrial Development Authority of the City of Rancho Cucamonga," and shall function under and in- accordance with the provisions of the California Industrial Development Financing Act, Government Code § 91500 et seq. (Code 1980, § 2.44.030; Ord. No. 171, § 3, 1982) Page 42 of 496 CHAPTER 2.52. PARK AND RECREATION COMMISSION Sec. 2.52.010. PaFk and e Created. There is created and established in the city a park and recreation commission. (Code 1980, § 2.52.010; Ord. No. 318 § 2(part), 198 7) Sec. 2.52.020. Membership Xumhpr. The park and recreation commission shall consist of five members who shall be appointed by the city council. The mayor shall submit to the city council the name of any person proposed for appointment to the park and recreation commission, and upon such appointment by the city council, the name of the appointee shall be recorded in the minutes of the city council meeting. (Code 1980, § 2.52.020; Ord. No. 318 § 2(part), 198 7) Sec. 2.52.030. Membersla-imp Position to be non -salaried. Members of the park and recreation commission shall receive no salary; provided, however, that nothing in this chapter shall preclude reimbursement to any member of the park and recreation commission for actual and necessary expenses incurred in the performance of official duties by such commission on behalf of the city. (Code 1980, § 2.52.030; Ord. No. 318 § 2(part), 198 7) -� Sec. 2.52.040. Members;hip i engt ^r terms. tJ this eh�er-. T enfter,--Those persons succeeding.to the offices of the initial appointees to the park and recreation commission shall be appointedforfor terms of four years commencing on the est d-efJanuary next succeeding each regular municipal election scheduled to occur in November of even -numbered years unless sooner removed_as provided for in this chapter. If a vacancy shall occur, other than by expiration of -the term of office, it shall be filled by appointment by the mayor %\ 4--7-1 with the approval of the city council for the unexpired term thereof. The city council may extend the expiring term of any park an recreation commissioner once for a maximum of six months. (Code 1980, § 2.52.040; Ord. No. 3181§ 2(part), 108 7) Sec. 2.52.050. Membersh4�p; re oval. Any member of the park and recreation commission may be removed at any time by a majority vote of the entire city council. (Code 1980, § 2.52.050, Ord. No: 318, § 2(part), 1987) Sec. 2.52.060. Powers and duties. The park and recreation commission shall act in an advisory capacity to the city council with respect to park and recreation facility location, park site planning and facility design and development, operation, maintenance and redevelopment of facilities, fiscal policy recommendations regarding development priorities, grants, fees and financing mechanisms for furthering the goals of the recreation element of the general plan. The park and recreation commission shall advise the city council on all matters pertaining.to the provision of a quality program of recreation service and activities for the community, and such other park and recreation matters as may be referred to it by the city council, or brought to its attention by citizens of the community. The commission shall provide such advice and consultation to other city commissions and staff as may be requested of the commission. (Code 1980, § 2.52.060; Ord. No. 318, § 2(part), 1987) Page 43 of 496 Sec. 2.62.070. Secretary. The community services director, or his designee, shall act as secretary to the parr and recreation commission and shall be the custodian of its records, conduct official correspondence, and coordinate the clerical and technical work of the park and recreation commission in administering this chapter. (Code 1980, § 2.52.070; Ord. No. 318, § 2(part), 1987) Sec. 2.52.080. Chairperson and vice -chairperson selection and terms. -&. -The terms of office of the chairperson and vice - chairperson shall be for the calendar year or that portion remaining after the chairperson or vice - chairperson is appointed or elected. Thmere-a-Ifteir When there is a vacancy in the office of chairperson and/or vice -chairperson, the commission shall elect a chairperson and/or vice -chairperson from among its members. The chairperson shall preside at each meeting of the park and recreation commission and the vice -chairperson shall preside over such meetings in the absence of the chairperson. (Code 1980, § 2.62.080; Ord. No. 318, § 2(part), 1987) Sec. 2.52.090. Meetings. Regular meetings of the park and recreation cam si is ll held at such time and place as is determined by resolution of the city council. (Code 1980, § 2.62.090; Ord. No. 318, § 2(part), 1987) CHAPTER 2.56. USE OF T C1 SEAL AND LOGOS See. 2.56.010. Declaration of intent. (a) Prior to the adoption of this chapter, t re was no mechanism by which the city could prevent confusion on the part of the public if th ity's seal or logos are used without authorization so that members of the general public womw believe that a document bearing the seal or logos was generated by thJ0 city r that the person or entity responsible for creation of the document is employed by or hated wWh the city. (b) In the absence of the ad tt'on of this chapter, the public could become confused, deceived or misled by such documents, whicsi is detrimental to the public health, safety and welfare and the effective operation of the city. (Code 1980, § 2.66.010; Ord. No. 610, § 1(part), 1999) Sec. 2.56.020. Prbhibited acts. No person who is not an officer, employee or agent of the city shall place any limitation or replication of the city seal or logos on any document so as to cause another person to reasonably believe that the document bearing the seal or logos was generated by the city or that the person or entity responsible for creating the document is employed by or affiliated with the city. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties specified in chapter 1.12 of this Code. (Code 1980, § 2.56.020; Ord. No. 610, § 1(part), 1999) Sec. 2.56.030. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: Page 44 of 495 Document means any handwritten, typewritten, printed, Photostatted, photocopied, electronic or computer generated form of communication or representation, including letters, words, pictures, symbols, or any combinations thereof. Logo means any identiMng symbol of the city r the city's departments that are displayed on official city approved documents and stationary_. Person means any natural person, firm, association, organization, partnership, business trust, corporation or limited liability company. Seal means the seal of the city that is displayed on official city approved proclamations, resolutions, the city website and other documents. "healogos (Code 1980, § 2.56.030; ora.. No. 610, § 1(part), 1999) Page 45 of 496 Title 3 REVENUE AND FINANCE* `State law reference—Authority to levy any tax which may be levied by any charter city except as may be provided in the Revenue and, Taxation Code § 7282, subject to the voters' approval pursuant to Article XIII A of the Constitution of California, Government Code § 37100.5; financial powers of city, Government Code § 37201 et seq.; financial provisions, Government Code § 43000 et seq.; unclaimed property, Government Code § 50050 et seq. CHAPTER 3.04. TRANSFER OF TAX FUNCTION* *State law reference—Transfer of tax function to county, Government Code § 51501 et seq. Sec. 3.04.010. Transfer of assessment and tag collection authority to county. Pursuant to the authority granted by Government Code § 51501, ^f tw„ n.._.,,_-A,...Afl- .. VAti- the r the assessment and tax collection duties performed by the city assessor and tax collector hereby are transferred to the assessor and tax collector of the county . (Code 1980, § 3.04.010; Ord. No. 5, § 1, 1977) State law reference City may transfer tax assessment a& A. llection to county by ordinance, Government Code § 31501. CHAPTER 3.08. PURL *State law reference --Conflict of interest, (,,,Code § 1090 et seq.; public works construction contract, Government Code § 4000tide seq., ubc contract code, Government Code § 20160 et seq.; Political Reform Act, Government § 8 100 et seq. Sec. 3.08.010. Adoption of purchasing yste A purchasing system is adopted in order to tablish efficient procedures for the purchase of supplies, equipment and services; to securethe city supplies, equipment and services at competitive costs commensurate with quality needed and with due consideration to disposability; to exercise positive financial control over purchases; to clearly define authority for the purchasing function; to ensure the quaXNo.3 urchases; and to buy without favor or prejudice. No contract entered into in contraventioation of this chapter shall be enforceable against the city. (Code 1980, § 3.08.010; Ord.B, § 2(part), 1998) Sec. 3.08.020. Definitions. As used in this chapter, the following words and terms are defined as follows unless the context indicates that a different meaning is intended: Activity or using agency means any department, agency or other unit of city government which derives its support wholly or in part from the city. Best volae means a result intended in the acquisition of all goods and services based on consideration of total cost of ownership, life-evele costs, human health, product quality. product performance and contractor quality of service. The term "best value" means a value determined b objective criteria related to price, features, functions, and life -cycle costs. State law reference—Similar provisions, Public Contract Code § 20175.2. Bio -based Product means a product composed in whole or in significant part of biological products, forestry materials or renewable domestic ggricultural materials, includin1Z plant. animal or marine materials.. generally safer for the environment than petroleum-based counterparts, and usually biodegradable or recyclable. Page 46 of 496 End -of --life management means the process by which products are disposed of or recycled, after their temp of useful service expires. Envir•on.ni.entallLr preferable product or service means a product or service that has a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose and that has characteristics that include, but are not limited to: derived from renewable energy sources, bio -based. readily biodegradablereadily compostable, high -recycled content, post -consumer material, low toxicity, reduced pollution and greenhouse gas emissions, recyclable. repairable, long-lasting, energy- or water -resource efficient and reusable. The comparison with competing products or set -vices that serve the same purpose may consider raw materials acquisition, production, manufacturing. packaging, distribution, reuse, operation, maintenance, delivery and/or disposal of the product. Life -cycle cost means the comprehensive accounting of the total cost of a product, including procurement costs, initial costs, energy and operational costs, maintenance costs, longevity of service and disposal costs. Local bidder means a person, firm, partnership or corporation considered to be a point of sale within the city pursuant to the Constitution and laws of the state . Low bidder means the person, firm, partnership or corpolmn submitting the lowest price for the supplies, materials, equipment or services which met the specifications, delivery terms and conditions and other requirements included it einvitati to bid. . Professional services fn the gervices of attorneys, physicians, architects, engineers, auditors, specialized printers, ther individuals or organizations possessing a high degree of professional, unique, specialized r technical skill or expertise, not adaptable to competitive bidding, or where the service involves a contract for special activities, negotiations for .the acquisition of land, trash services, insurance, bonds or other service of a similar nature to the above, engaged for a particular project or series of projects. Purchases means purchases of supplies, equipment, services and personal property and shall not include real property leases, rentals or purchases. Purchasing manager means the officials} designated by the city manager for administration and/or enforcement of this chapter. Purchasing policy limits means such limits which shall be those amounts which determine purchase procedures. Such purchase limits shall be established by a resolution of the city council. Recycled content products means products manufactured with waste material that has been recovered or diverted from the waste stream. Recycled content products may be derived from post- consumer waste, industrial scrap, manufacturing waste and/or other waste that otherwise would not have been utilized. Secondarw material efia4-means fragments of finished products or finished products of a manufacturing process that has converted a resource into a commodity of real economic value and Page 47 of 495 includes post -consumer material, but does not include excess virgin resources from the manufacturing process.. Services means any and all services, including, but not limited to, equipment service contracts. The term "services" does not include services rendered by city officers or employees, nor professional services for which the procedure for procurement is specifically provided by law or approved city procedures which are in their nature unique and not subject to competitive bidding. This The term "services" does not include public works projects (see section 3.08.110 regarding bidding for public works). Supplies and equipment means any and all articles, things or personal property furnished to, or used by, any city department. Take -back services means programs or policies whereby equipment can be returned to a manufacturer, distributor or recycler at the end of its useful life. Total cost of ownership means the real cost for a product, encompassing materials. installation, maintenance, anticipated repairs, necessary monitoring and end -of -life management. (Code 1980, § 3.08.020; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.030. Centralized purchasing division. . There is created a purchasing division within the ci ested with the authority for the centralized purchase of supplies, equipment and se ce77 (Code 1880, § 3.08.030; Ord. No. 3288, § 2(part),1998 Sec. 3.08.040. Purchasing and central servic s ma 4 ent. The purchasing manager may delegate_ the ;_ties o that position to subordinate employees. The purchasing manager shall direct and pervise city's purchasing program. The purchasing manager shall endeavor to obtain as full d open a competition as possible on all purchases. The purchasing manager shall establis e s and procedures for the efficient and economical functioning of the purchasing pro m. (Code 1980, § 3.08.040; Ord. N rt), 1998) Sec. 3.08.060. Purchasin ger wers and duties. The purchasing manager sh ave the authority to; A. Purchase or contract for supplies, materials, equipment and services required by a using department in accordance with the purchasing procedures prescribed by this chapter; B. Enter into any contract permitted by law, including, but not limited to, equipment service contracts, lease purchase agreements, agreements for services and professional services, and rental agreements subject to any restrictions set forth in this chapter or specifically provided by law; C. Maintain when feasible full and open competition among bidders on all purchases; D. Prepare, recommend and implement rules governing the purchasing of supplies, equipment and services for the city and recommend revisions and amendments where applicable; E. Keep informed of current developments in the field of purchasing, prices, market conditions and new products; F. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations; Page 48 of 496 G. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which become unsuitable for city use; H. Maintain a vendor's list, vendor's catalog file and records needed for the efficient operation of the purchasing division; Manage and supervise the city central warehousing facility; J. Purchase or contract for supplies, materials, equipment and services that offer the best value to the city based on total cost of ownership and taking into consideration the duality. performance and ownership costs of the supplies. materials, enuiyment and services, including, but not limited to, costs of acquisition, extended warranties, operation, including energy and water consumption. supplies. maintenance hazardous materials training and other labor, end -of -life management costs and options and the expected lifetime compared to other alternatives; K. Include, as appropriate, a requirement for environmentally preferable products or services in bid specifications and contracts for supplies, materials, equipment and services: lighting equipment, office supplies, and furniture. packing and storage supplies, motor oil and other lubricants, pain, park playground eQuipment and road paving materials, and (Code 1980, § 3.08.050; Ord. No. 328B, § Sec. 3.08.060. Requisitions. All departments shall submit' req este to the purchasing manager by standard requisition form or by other means as established by purchasing procedures for the supplies, materials, equipment ands as aired for their operations and purposes and within the . limits of funds appropria erefo The purchasing manager, after reviewing any such requisitions, may question its pi and may require from the head of the requesting department a ,justification of the q. antity or quality requisitioned.. (Code 1980, § 3.08.060; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.070. Bidding generally. A. Purchasing by bid Process. Purchasing of supplies and equipment shall be by bid process pursuant to sections 3.08.080 and 3.08.090 However, bidding may be dispensed with upon adequate, specific documentation when one of the following conditions exists; 1. When, in the view of the city manager or the person acting in that capacity, an emergency requires that an order be placed with the nearest available source{e) of supply; 2. When the amount involved is less than the open market amount established by resolution of the city council; 3. When the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental, or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the using agency, or when there Page 49 of 496 is a sole distributor or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area; 4. When there is to be a contract for professional services; provided, however, that contracting for professional services shall be conducted pursuant to a request for g proposal/qualification procedure. Awards of professional services contracts shall be made by the purchasing manager when the same have been budgeted and for which sufficient funds have been appropriated; 5. When, through cooperative purchasing with the state, the county, or other public agencies, the advantage of large-scale buying may be obtained; 6. When the purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the state ef-i;etls-or by the federal government within the previous 365 ays (one year); 7. When purchasing from or selling to another governmental agency utilizing purchasing agreements maintained by said governmental agency when such action is beneficial to the interests of the city; 8- When the city council determines by resolution it w uld a in the best interest of the city to diepense with bidding; provided, however, tth uncil shall state the basis of its determination; 9. When there is a breakdown in essential m hinery, essential services, or when unforeseen circumstances arise, includ' delays b ntractors, delays in transportation, and unanticipated volume of work hich req s the immediate attention of a professional or immediate servi order to protect public health, safety or welfare. B. Additional requirements and JjLbitio 1. Notwithstanding any other term orMvision hereof, no contract shall be awarded to any person, firm, partnershi or corport(tion that does not have a city business license when required to possess e e pasuant to any provision of this Code. 2. No person shall be' sted personally in any contract made hereunder (see Gallie Government Code § 10 t seq.) or violative of the conflict of interest provisions of the city and/or the Political eform Act, Government Code § 87100 et seq. 3. Contracts for services and public works projects less than the minimum amounts for public works bidding (see Califewnia-Public Contract Code § 20160 et seq.) may require the payment of prevailing wages pursuant to the ga4ifemiia-Labor Code. 4. Bid splitting. It is unlawful to split or separate into smaller units, quantities, work orders, or projects any purchase of supplies, equipment or services for the purpose of evading the provisions of this chapter pertaining to the purchase of supplies, equipment or services. Every person who willfully violates this section is guilty of a misdemeanor. (Code 1980, § 3.08.070; Ord. No. 328B, § 2(part), 1998) Sec. 5.08.080. Formal bid procedure. Except as otherwise provided in this chapter, purchases of supplies, equipment or services of an individual estimated value greater than the established formal bid procedure amount shall be by written contract with the lowest or highest responsible bidder or the bidder who provides goods Page 50 of 496 or services at the best value, as the case may be, pursuant to the procedures prescribed in this section. A. Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where specifications may be obtained, and the date, time and location of when bids are due and will open. 1. Posted notices. Notices inviting bids shall be published at least ten days before the date of the bid opening on the city's website and on professional services listings, as available, during the solicitation process. 2. Bidder's list. The purchasing manager shall also solicit bids from responsible prospective suppliers whose names are on the bidder's list in accordance to the commodity or service category the prospective supplier has specified. B. Bidder's security. When deemed necessary by the purchasing manager, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within ten days after the notice of award of the contract has been mailed unless, in the latter eve t, the city is solely responsible for the delay in executing the contract. The city may, fusel or failure of the successful bidder to execute the contract, award it to then t responsible bidder or the bidder who provides goods or services at he xt bet vat a with the bidder's security being applied to the amount of the contract pl%plIffere%t ial between the lowest bid and the second lowest bid, and the contract ential if anv between the bidder who at the next best value, with the surp , if a returned to the lowest bidder or the bidder who provides goods and ses Value. Ifthe city rejects the remaining bids presented and re-advertiss, the mount of the lowest bidder's security or the se u " bidder rovi es oo servicest thebeat value may be used to offset the cost of receivi� new bids_.a d the surplus, if any, shall be returned to the lowest bidder or the bidder who provides goods and services at the best value. C. Bid -a proposal sttbinission.�a - eniagl eeedure—Sealed bids shall be submitted to thgpurchasinu Agent and shall be identified as a bid on the envelope. Alternatively, bids and prol2osal submissions may be submitted electronically through the electronic bidding system that the city's purchasing divisions utilizes. unless the purchasing manaier determines otherwise. Electronic bid and proposal submittals shall be to the purchasing gaent in accordance with policies and procedures adopted by the city council for submission of electronic bids that ensure the identification, security and confidentiality of electronic bids. _Sealed and electronic bid and proposal responses and associated " documentation will be on file in the city's purchasing division and shall be opened in public at the time and place stated in the public notice. The functionality of the electronic bidding system ensures that bid and proposal submissions remain unopened until the closine date and timg of said submissions and that said submissions cannot be viewed by the public or city staff until the closing date and time; A tabulation of all bids received shall be available for public inspection during regular business hours after the bid apenine. D. Rejection of bids. The city may reject any and all bids presented, re -advertise for bids or award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any and/or all bids is expressly reserved to the city and said decision shall be final. E. Determination of lowest responsible bidder. Page 51 of 496 1. Upon opening and tabulation of all bids received to determine the low bidder, the purchasing supervisor shall thereafter determine the lowest responsible bidder by applying the following criteria: 4-a For purposes of determining the lowest responsible bidder, there shall be deducted from the bid submitted by a local bidder all sales taxes which will be apportioned to and received by the city; �_tL The ability, capacity and skill of the bidder to provide the service or commodity required and to comply with all specified requirements in the bid document; 3 -cc, The bidder's record of performance of previous contracts or -services; previous failure to perform to city requirements may disqualify the bidder; 4A. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. F.2. Whenever the purchasing manager determines that a bidder is not responsible pursuant to this section and the specifications of the notice inviting bids, the purchasing manager shall notify the bidder of said determination, in writing. The bidder may, within ten days after notice is given by the purchasing manager, appeal such determination to the city manager whc shall conduct a public hearing to determine whether or not the bidder is a re Onsible bidder. The decision of the city manager shall be final. ZX}` 4. An -relevant criteria specifically listed in the notice inviting bids. F-_Q.Award of contracts. Except as otherwise provided in this chapter, contracts for supplies, equipment or services of a value requiring formal bid Qroce urea shall be awarded to either the lowest responsible bidder or the bidder providing goods and services at the best value. The purchasing manager shall have the authority to award contracts, including capital outlay items, which have been budgeted and for which there are sufficient funds appropriated. Contracts which exceed the appropriated amount, or which are not budgeted, shall not be awarded, except upon approval of the city council. 49 H Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal or are of equal best values, the city may, in its discretion, accept either bid submitted. H-1. Performance security. A performance bond, certificate of deposit or cash may be required before entering into a contract, in such amount as is deemed reasonably necessary to protect the interests of the city. If performance security is required, the acceptable type and amount thereof shall be described in the notice inviting bids and, if a bond, the form of the bond shall be as determined by the city attorney. Page 52 of 496 (Code 1.980, § 3.08.080; Ord. No. 32813, § 2(part), 1998; Ord. No. 853, § 1, 5-16-2012) Sec. 3.08.090. Informal bid procedure. Purchases of supplies, equipment and services of a value established by resolution requiring informal bid procedures shall be made by the purchasing manager by the informal bid process pursuant. to the procedure prescribed in this section and without observing the procedure described in section 3.08.080 of this chapter. . A. Mi,ni.nruin nurnber of bids. Informal bid purchases shall, whenever possible, be based on at least three bids and shall be awarded to the lowest responsible bidder. B. Solicitation of btforrnal bids. The purchasing manager shall solicit informal bids by written requests to prospective vendors, via fax machine, by telephone, electronically or by any other means deemed effective. C. In.forrnal bids. Informal bids shall be submitted, in writing, to the purchasing manager, who shall keep a record of all such bids open to public inspection after the submission of bids or the placing of an order. D. Submittal of inforrrral bids. The purchasing manager shall establish lists, by category or type, of persons, firms, partnerships or corporations'capable of and willing to submit bids for goods, services or supplies and shall invite submittals for placement on said lists. When requesting the submittal of informal bids, it shall be the duty of the purchasing manager to rotate the names of interested persons ,firms, -partnerships or corporations so as to maximize the number of potential biddersAny bid submitted in a timely fashion during an informal bid procedure shall be consid' ed even if no notice was previously provided to the bidder. The purchasing manager' shall, further, post a list of goods, services and supplies proposed to be,pu rch� e iso as to permit interested parties to bid thereon. Said posting shall comply with any and all applicable rules pertaining to posting, as adopted by the city council. E. Provisions al)plicable to in:for•nial bids: Notwithstanding any other term or provision of this section2 08 9&3, th`e-provisions• of subsections D, E, F, G and H of section 3.08.080 shall be applicable nfoma\bids. (Code 1980, § 3.08.090, Ord. No..32813, § :.(part), 1998) Sec. 3.08.100. Open market procedure. The purchasing manager. may procure goods, services and supplies for the city without resort to either the formal bid or informal bid procedures with regard to purchases in amounts within the open market procedure limits, as established by resolution. The purchasing manager shall maintain lists of providers capable of supplying such -goods, services and supplies and shall rotate the use thereof. (Code 1980, § 3.08.100; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.110. Bidding for public works projects. Public works projects, as defined by the G.,' -Public Contract Code Goveffiffieat r'o'e 20160 et seq., shall be bid, advertised and awarded in accordance with California Public Contract Code G, yer-m._ ent Godo § 20160 et seq. Public works projects not exceeding the amount specified in fifer-n-ia Public Contract Code n ., r + Code § 20161 29162, as the same may be amended from time to time, shall be awarded pursuant to the informal bid process above. (Code 1980, § 3.08.110; Ord. No. 328B, § 2(part), 1998) Page 53 of 496 Sec. 3.08.120. Inspection and testing. The purchasing agent, or such person as may be appointed by the purchasing manager, may inspect the supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing manager shall have authority to require chemical or physical tests of samples submitted with bids and samples or deliveries which are necessary to determine their quality and conformance with the specifications. (Code 1980, § 3.08.120; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.1.30. Competitive negotiation. The purchasing manager may, in place of formal bidding procedures, institute procurement by a process of sealed proposals and competitive negotiation, if a proposed purchase involves goods, equipment or products of a unique and complex design and/or must be manufactured or assembled to the particular needs of the city. The city manager or his or her designee must approve of such purchasing procedure and purchases. (Code 1980, § 3.08.130; Ord. No. 328B, § 2(part), 1998) Sec. 3.08.140. Discretionary approvals. In discretionary approvals related to engineering anpl g, if a professional services agreement is required for.which the city is to be reimbur ill select the consultant. (Code 1980, § 3.08.140; Ord. No. 328B, § 2(part), 1998), Sec. 3.08.150. Disposition of surplus s6the ent. All using departments shall submiturcha g'manager, at such times and on such forms as the purchasing agent shall press s owing all supplies and equipment which are no longer used or which have becomer rn out. The purchasing manager shall have authority to exchange for or trade in on 'esand equipment all supplies and equipment which have become unsuitable for city use A. Such items so declared to be sur s shall be offered for sale on a competitive bid basis. Bids may be solicited by written request, telephone, fax machine, by public auction, by use of an auction service by advertisement in any newspaper or magazine, or by any combination of such methods. B. When, after a reasonabikeffort has been made to obtain competitive bids, no offers are received for any item of city -owned personal property so declared to be surplus, the purchasing manager is authorized to dispose of such item for the highest scrap value that can be obtained therefor and if a reasonable effort to do so produces no opportunity to sell the same for scrap, the purchasing manager may cause its destruction or any other disposition thereof. C. The city may sell obsolete or surplus property to any other governmental agency at an established fair market value without other bids. D. The city may donate surplus personal property to any agency or entity which is exempt from federal income tax, with the approval of the city council. (Code 1980, § 3.08.150; Ord. No. 328B, § 2(part), 1998) State law reference—Sale of federal surplus property, Government Code, § 40500 et seq.; Sec. 3.08.160. Teen urocureraient uolicy. The purpose of the provisions of this section 8 -are to promote the procurement of environmentally oreferable products or servicgs throughout all city departments in order to foster Page 54 of 495 the, practice of responsible purchasing choices that reduce impacts on the public health and environment and support markets for environmentally preferable products or servges A. If fitness and guality are equal, and to the extent that such use does not negatively impact health, safety or operational efficiency, all city departments shall procure environmentally referable products or services including recycled content products, whenever: 1. —En-vironnientall referable roduc s or services are available at the same or lesser total cost than competing products or services that serve the same purpose• 2. Product or service apecific iprocurement guidelines have been pivpared for the product or service: or 3. The -life -cycle cost of the product or service is determined to be less when taking into consideratio"ualit.y. performance and ownership costs of the product or service including, but not limited to cost. of agguisition. extended warranties operation, including energy and water consumption, supplies, maintenance hazardous materials training and other labor, end -of -life management costs and o tions and the expected lifetime compared to other alternatives. U. All city_ departments shall require the use of recycled paper with a minimum of 30 percent Q0,04) -post -consumer materialon all outride print jobs, wherever practicable. these items are reused and/or safely managed at the end of their useful life: 2. Disclosing any hazardous materials contained in their products: Assisting the city in documentin , monitoring and reportink the climate and other environmental benefits of the products they sell to the city, or 4. _ Instituting any other procedures that help the city to fully implement the provisions of this section -4 010. E.All city departments shall require outside contractors and consultants to use environmentally ferablc products or services in the performance of services for the city, _wherever practicable. ansuxsnna—m01;1 uaaer—ii.�n+ +., uv s� ifeetlzred from Tiigin materials or. e*eltide the rise of ieeyeled to be veeyele4: Page 55 of 495 Baa (Code 1980, § 3.08.160; Ord. No. 32813, § 2(part), 1998) Sec. 3.08.170. Penalties for violation of chapter. It is unlawful for any person, firm, partnership or corporation to violate or to fail to comply with section 3.08.070B.4-othis aV�+,ev, as adopted by the ordinance codified in this chapter. Any person, firm, partnership or corporation violating or failing to comply with section 3.08.070B.4 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,00).00. , or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which r ■ r Baa (Code 1980, § 3.08.160; Ord. No. 32813, § 2(part), 1998) Sec. 3.08.170. Penalties for violation of chapter. It is unlawful for any person, firm, partnership or corporation to violate or to fail to comply with section 3.08.070B.4-othis aV�+,ev, as adopted by the ordinance codified in this chapter. Any person, firm, partnership or corporation violating or failing to comply with section 3.08.070B.4 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,00).00. , or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which Page 56 of 496 any violation of section 3.08.070B.4 is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 3.08.170; Ord. No. 328B, § 4, 1998) Sec. 3.08.180. Specialized contracting procedures permitted. A. Nothing in this chapter shall prohibit the city from using specialized contracting procedures when authorized by state law. If state law authorizes such procedures, this chapter need not also specifically authorize them. Such specialized procedures may include, without limitation, pre qualification of contractors or subcontractors and design -build contracting procedures. B. The city manager is authorized to determine whether or not the needs of any particular project warrant the use of legally available specialized contracting procedures, or to delegate that determination to other city staff. C. The city manager is authorized to adopt and enforce all policies and procedures necessary to effectively utilize any specialized contracting procedures authorized by state law. All such policies and procedures shall be written and available for review in the office of the city clerk. D. Where required by applicable state law, the policies4and procedures shall provide for a process to appeal an administrative decision. Failure to fife_a-timely appeal shall constitute a waiver of any and all rights to challenge the administrative decision whether by administrative process, judicial process or any other legal process or proceeding. E. Notwithstanding any other provision of thig,chapter, the community services director, or his or her designee, is authorized to execute, and take\any)other action necessary to enter into, contracts for the provision of professional entertainments services to the city, without complying --- \ 1-1f with any other provision of this chapter. Unless approved in writing by the city manager, the total amount of any such contract shall be less&n t6t' amount otherwise requiring compliance with formal bid procedures pursuant to this hapten Any contract entered into pursuant to this provision shall be in writing. (Code 1980, § 3.08.180; Ord. No. _r �j"§.1-, 2003; Ord. No. 753 § 1 200 CHAPTER 3:12. CLAIMS PAYMENT PROCEDURE* *State law reference—Claims agg inst public entities, Government Code § 900 et seq. Sec. 3.12.010. Purpose. The city desires to adopt procedures relative to the fiscal affairs of the new city and to provide for the payment of its debts as they come due. The city therefore determines to adopt the ordinance codified in this chapter. (Code 1980, § 3.12.010; Ord. No. 6, § 1, 1977) Sec. 3.12.020. Statutory authority. The provisions of this chapter recognize that the general claim procedures applicable to local public agencies, including this city, are governed by the provisions of Chapter ' Of T'i•°i_^i^„ - F ^r the Cevern-ment r ad -e of the state, eommenei-ng with Seetion 900Government Code § 900 et seq. and €ellewing-this chapter. (Code 1980, § 3.12.020; Ord. No. 6, § 2, 1977) Page 57 of 496 Sec. 3.12.030. Special claims procedures. Pursuant to the authority contained in Seetio 935 of the Government Code 935-4 4e--�, the following claims procedures are established for those claims against the city for money, or damages not now governed by state or local laws: A. Employee clai.nr.s. Notwithstanding the exceptions contained in Seel ,,... 905 „r the Government Code ' 90 i of tate, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, and any other expenses or allowances claimed due from the city, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Rees 910 through 915.2 eft Government Code U 910--915.2 o�'�� the state. Such claims shall further be subject to the provisions of Seetio 945A of; -h, Government Code § 945.4 of the state relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the city council. B. Contract and. other clalnr.s. In addition to the requirements of subsection A (a�of this section, and notwithstanding the exemptions set forth in See -tin un4-^£ 04e Government Code 905 of }oto, all claims against the citkz,,for damages or money, when a AF procedure for processing such claims is not otherwise— provided by state or local laws, shall be presented within the time limitations aril in-themanner prescribed by Seetieus 910 through 915 2 o f t Government Code §�� 10'. 915.2 Y�-vx-ate. Such claims shall further be subject to the provisions of c } `"'� ^ Ar the Government Code 945.4 of ~-� the motet relating to the prohibition of suit is n the absence of the presentation of written claims an .,etie., theree which have been acted upon by the citycouncil. (Code 1980, § 3.12.030; Ord. No. 6, § 3, 1977)� State law reference --Similar provisions, Government Code § 945.4. Sec. 3.12.040. Filing. All claims or demand against t, he city -shall be filed with the city clerk and shall be presented by the city clerk to the city council at\the next regular meeting thereof for approval or rejection, whether in whole or in part; i£such prese tat.ion is required by law. (Code 1980, § 3.12.040; Ord. Njo.. 6,\§,4, 1977) Y Sec. 3.12.050. Claims covered by insurance. All claims filed with the city clerk, which claims are covered by insurance, shall be forwarded by the city clerk after action thereon by the city council to the appropriate insurance carrier for handling and further processing. (Code 1980, § 3.12.050; Ord. No. 6, § 5, 1977) Sec. 3.1.2.060. Purchases, supplies, or services. A. All demands, invoices, or claims for purchases, supplies, or services included within budgetary appropriations shall be presented in writing to the director of finance. All such demands, invoices or claims shall be fully itemized and verified as just and correct by the claimant or his authorized agent. B. Each demand shall bear the number of the purchase order issued for the materials or services rendered. C. Such demands, invoices, or claims shall be audited by the director of finance, who shall prepare a register of audited demands. The affidavit of the director of finance shall be attached to such register, certifying to the accuracy of the register. Page 58 of 496 D. Such demands, invoices, or claims shall be approved by the city manager and finance committee consisting of two designated members of the city council. E. All claims approved shall be paid by checks drawn upon the city treasurer signed by the person4e4 designated by resolution of the city council. (Code 1980, § 3.12.060; Ord. No. 6, § 6, 1977) CHAPTER 3.16. DOCUMENTARY TRANSFER TAX* State law reference—Documentary transfer tax act, Revenue and Taxation Code § 11901 et seq. Sec. 3.16.010. Short title. This chapter shall be known as the "real prepe.,+.. Documentary Transfer Tax Ordinance of the City of Rancho Cucamonga." It is adopted pursuant to the authority contained in Part 7 (eaRif enei r6 with Seet;, 1.1001) „r n:.: n 2 E) f the Revenue and Taxation Code § 11901 et sect (Code 1980, § 3.16.010; Ord. No. 7, § 1, 1977) Sec. 3.16.020. Imposition. There is imposed on each deed, instrument or writing+y 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 or persons, by his or their direction, when the consideration or value of the interest or,,property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds $100.JO one hundred d6li rn a tax at the rate of 27.5 kw eat .-seve-3 and- R-ne -h�ents;Ifor each $500.00 five hundred 'e"^rs, or fractional part thereof.\_ (Code 1980, § 3.16.020; Ord. No. 7, § 2, 1 State law reference—Amount of tax;\Revenu`e and Taxation Code § 11911(b). L� Sec. 3.16.030. Payment. Any tax imposed pursuant olsect�on 3.16.020 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. \�.' (Code 1980, § 3.16.030; Ord. No. 7, §.3, 1977) See. 3.16.040. Exemptions. The tax imposed pursuant to this chapter shall not apply to: A. Instruments given to secure a debt (Revenue and Taxation Code § 11921); B. Instruments of the United States or agencies or instrumentalities thereof (Revenue and Taxation Code § 11922); C. Conveyances under reorganization or adjustment plans (Revenue and Taxation Code § 11923); - D. Conveyances under order of Securities and Exchange Commission (Revenue and Taxation Code § 11924); E. Transfers of certain partnership property (Revenue and Taxation Code § 11925); F. Instruments taken in lieu of foreclosure (Revenue and Taxation Code § 11926); Page 59 of 496 G. Any deed, instrument, or other writing which purports -to -transfer, ivide• or allocate communityc quasi-community—or quasi -marital property assets between spouses for the purpose of effecting a division of community, quasi -community, or quasi -marital property which is required by a iudgment decreeing a dissolution of the _marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written_ agreement is incorporated as part of any of those judgments or orders (Revenue and Taxation Code § 11927); H. Any deed instrument or other writing by. which realty is conveyed by the state �€ Calfernia, any political subdivision thereof, or agency or instrumentality_ of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately re - convey the realty to the exempt agency (Revenue -and Taxation Code § 11928 1. Any deed instrument or other writing by which the state „r r'—Alif„H.,: any political subdivision thereof, or agency or instrumentality of either thereof conveys to a non rofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obli ations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1 (b) of Title 26 of the Code of Federal as these sections of the Revenue and Taxation Code may be from time to time amended. (Code 1980, § 3.16.0,10; Ord. No. 7, § 41 1977) t_ State law reference—Exemptions, Revenue and Taxation Code § 11921 et seq. �1 Sec. 3.16.050. Administratio�n,_'� The county recorder shall administer this chapter in conformity with the provisions of P -a Revenue and Taxation Code § 11901 et seq. and the provisions of any county ordinance adopted pursuant thereto. (Code 1980, § 3.16.050; Ord. No. 7, § 5, 1977) State law reference—Collection of tax by county, Revenue and Taxation Code § 11931. Sec. 3.16.060. Claims for refund. Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapte.. 5 rCo.,.mene ng with Seetio., 509(3) .,c n,,,.+ n „t ri;.,;IS;, M I of the Revenue and Taxation Code § 5096 et sec. the 4M4- (Codede 1980, § 3.16.060; Ord. No. 7, § 6, 1.977) State law reference—Refunds, Revenue and Taxation Code § 5096 et seq. CHAPTER 3.20. SALES AND USE TAX* *State law reference—Authority to adopt sales and use tax in the same manner as provided in Revenue and Taxation Code § 7200 et seq., Government Code § 37101; sales and use taxes, Revenue and Taxation Code § 6001 et seq.; uniform local sales and use taxes, Revenue and Taxation Code § 7200 et seq. Page 60 of 496 Sec. 3.20.010. Purpose. The city council declares that the ordinance codified in this chapter is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of I'iviri n `' 4 the Revenue and Taxation Code § 7200 et seq.; B. To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 e f Divis:,..-. `' of -the Revenue and Taxation Code § 7200 et seq.; C. To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the state board of equalization in a manner that adapts itself as frilly as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the state board of equalization in administering and collecting the Cali"fer-aia-state sales and use tax; D. To adopt a sales and use tax ordinance which cambe.ad im nistered in a manner that will, to the degree possible consistent with the pro isions of Part: 1 of E -Af the Revenue and Taxation Code § 7200 et seq. minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter. (Code 1980, § 3.20.010; Ord. No. 9, § 41 1.9 7). State law reference—Required provisions, Revenue and Taxation Code § 7202. Sec. 3.20.020. Short title.��� �_-) The ordinance codified in this chapter shall be known as the "Uniform Local Sales and Use Tax Ordinance." (Code 1980, § 3.20.020; Ord. No. 9, § 1, 1977) Sec. 3.20.030. Rate. The rate of the sales tax and use tax imposed by this chapter shall be one percent. (Code 1980, § 3.20.030; Ord. No. 9, § 2, 1977) State law reference—Sales tax of one percent or less, Revenue and Taxation Code § 7202(h)(1). Sec. 3.20.040. Operative date of chapter. The ordinance codified in this chapter shall be operative on January 1, 1978. (Code 1980, § 3.20.040; Ord. 9 § 3, 1977) Sec. 3.20.050. Contract with state. Prior to the operative date of the ordinance codified in this chapter, this city shall contract with the state board of equalization to perform functions incident to the administration and operation of this sales and use tax ordinance; provided that if this city shall not have contracted with the state board of equalization prior to the operative date, it shall nevertheless so contract and, in such a case, the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of the ordinance codified in this chapter. Page 61 of 496 (Code 1980, § 3.20.050; Ord. No. 9, § 5, 1977) State law reference—Contract with the state board of equalization, Revenue and Taxation Code § 7202(h)(4). Sec. 3.20.060. Sales tax imposed. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the city at the rate stated in section 3.20.030 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on and after the operative date of the ordinance codified in this chapter. (Code 1980, § 3.20.060; Ord. No. 9, § 6, 1977) Sec. 3.20.070. Place of safe delineated. For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a,common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall–be_determined under rules and regulations to he prescribed and adopted by the state board of equation. (Code 1980, § 3.20.070; Ord. No. 9, § 7, 1977) Sec. 3.20.080. Use tax imposed. An excise tax is imposed on the storage, use or other consumption in this city of tangible personal property purchased from any retailer ori and after the operative date for storage, use or other consumption in this city at the rate stated in section 3.20.030 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which ---delivery is made. (Code 1980, § 320.080; Ord. No. 9, §,8, 1977)_X Sec. 3.20.090. Adoption of•provisions,of state law. Except as otherwise provided,in this chapter and except insofar as -they are inconsistent with the provisions of n.,..+ 1.5 ,.r r,ivisief 2 -4 -the Revenue and Taxation Code § 7200 et seq., all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are adopted and made a part of this chapter as though fully set forth herein. (Code 1980,.§ 3.20.090; Ord. No. 9, § 9, 1977) Sec. 3.20.100. Limitations on adoption of state law. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when the word "state" is used as part of the title of the state controller, the state treasurer, the state board of control, the state board of equalization, the state treasury, or the Constitution of the state; the substitution shall not be made when the result of the substitution would require action to be taken by or against the city, or any agency thereof rather than by or against the state board of equalization, in performing the functions incident to the administration or operation of this chapter; the substitution .shall not be made in those sections, including, but not necessarily limited to, seetions referring to the exterior boundaries of the state, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal Page 62 of 496 property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the provisions of that Code: the substitution shall not be made in Revenue and Taxation Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828; F4 tie u,,.,,.nm . And TA4,tiAn C+4_-, and the substitution shall not be made for the word "state" in the phrase "retailer engaged in business in this state" in Revenue and Taxation Code § 6203 or in the definition of that phrase in Revenue and Taxation Code § 6203. (Code 1980, § 3.20.100; Ord. No. 9, § 10, 197 7) Sec. 3.20.110. Permit not required. If a seller's permit has been issued to a retailer under the Revenue and Taxation Code § 6067, an additional seller's permit shall not be required by this chapter. (Code 1980, § 320.110; Ord. No. 9, § 11, 1977) Sec. 3.20.120. Exclusions and exemptions. A. The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer. B. The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under asales and use tax ordinance enacted in accordance with Part 1•.5 of Division 2 of the Revent e2 and4Taxation Code by any city and county, county, or city, in this state shall be exempted from the tax due under this chapter. C. There are exempted from the comput receipts from the sale of tangible personal�ppropei principally outside the city in which thesale is such aircraft as common carriers oLpersons.or, state, the United States, or any foreign governmE ition othe amount of the sales tax the gross tyto-operators of aircraft to be used or consumed made and directly and exclusively in the use of 3roperty under the authority of the laws of this I). In addition to the exemptioris,provided in Seetions 6,366.and 6366.1 of the Revenue and Taxation Code §§ 6366 and<76366�l the%torage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax. E. On the operative date of any act of the legislature of the state which amends Seet,,,n _7202 ,q -the -Revenue and Taxation Code § 7202 or which repeals and reenacts Revenue and Taxation Code 7202 to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of Setio ;292 „file Revenue and Taxation Code § 7202 as those subdivisions read on October 1, 1983, the following provisions shall be operative: 1. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. 2. The storage, use, or other consumption of tangible personal property purchased by operators of water -borne vessels and used or consumed by such operators directly and Page 63 of 496 exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (Code 1980, § 3.20.120; Ord. No. 9, § 12, 1977; Ord, No. 21.4, § 1, 1983) State law reference—Similar provisions, Revenue and Taxation Code, § 7202(h). Sec. 3.20.130. Amendments. All subsequent amendments of the Revenue and Taxation Code which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this chapter. (Code 1980, § 3.20.130; Ord. No. 9, § 13, 197 7) State law reference—Similar provisions, Revenue and Taxation Code § 7202 (h)(3). Sec. 3.20.140. Enjoining collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or this city, or against any officer of the state or this city, to prevent or enjoin the collection under this chapter, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. (Code 1980, § 3.20.140; Ord. No. 9, § 14, I977) Ap State law reference—Requirements in ordinance, Revenue and -Taxation Code § 7202(h). Sec. 3.20.145. Credit for payment of redevelopmenagency sales and use tax. Any person required to pay any tax pursuant to this chapter shall have a credit against the payment of such tax in the full amount of _theesales and use tax, if any, paid to the Rancho Cucamonga Redevelopment Agency pursuant to its sales and use tax ordinance. 1i (Code 1980, § 3.20.145; Ord. No. 461, § 2, 1991) Sec. 3.20.150. Violation; penalty. An person violating any—of� -provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not. more than 500.00 1.,,�. five dre ,loll,.., or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Code 1980, § 3.20.150; Ord. No. 9, § 15, 1977) 8% e e. 3-".0-10, The eity I aa dp44FpaSe. eauneil deelares a lands. This tax on all new residential development within the eity for- the 8 by the is deelar-ed to the taxing AAd _A4_4__4i__AnaI C'a-ve-rnment (Gad 1989, par-li Code afthe state. § 3.24.010; Ord. No. pursuant jt ------- the eity a § l 1977 See. 3.24.0-20. en`iia+'^ons. Page 64 of 496 Se4-- B. Per eaeh multiple dwelling unit, the rF PON -1 �•■ a ■ _ Se4-- B. Per eaeh multiple dwelling unit, the rF Page 65 of 496 The provision of this ehapter- shall not apply to residential dwellings of sub4iVid-e-d- I-p-nd I.A.4 CHAPTER 3.28. CITY-WIDE SYSTEM FEES FOR TRANSPORTATION DEVELOPMENT* *State law reference—Authority to adopt fees to defray cost of transportation facilities, Government Code § 66484.7. Sec. 3.28.010. Purpose. In order to implement the goals and objectives of the circulation element of the � of RaMehe r ueame ^'n -general plan and to mitigate the traffic impacts caused by new development and redevelopment in the city, certain thoroughfares and bridges must be improved or constructed. The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the costs of these improvements. In establishing the fee described in the following sections, the city council has found the .fee to be consistent with its general plan and, pui uant-to Government Code § 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan. (Code 1980, § 3.28.010; Ord. No. 445, § ] (part), 1 991)\ State law reference—Refraining to impose.restricctions restricting housing development, Government Code § 65913.2. Sec. 3.28.020. Fees established. The city-wide transportation development fees are hereby established on the issuance of a building permit for development 4r`edevelopment in the city to pay for construction and improvement of thoroughfares,and bridges -The city council shall, in a c� council resolution, set forth the specific amount,,�of the fee describe the benefit and impact area on which the development fee is imposed, Iisttthe Nexus Improvement Program and its components specifying the public improvements to be financed, describe the estimated cost of the facilities, describe the V reasonable relationship between this fee and the various types of new developments and set forth time of payment. As described in -the fee resolution, this development fee shall be paid by each developer prior to issuance of building permits. On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed. (Code 1980, § 3.28.020; Ord. No. 445, § 1(part), 1991) Sec. 3.28.030. Limited use of fees. A. The revenues raised by payment of the city-wide development transportation fees for the Nexus Improvement Program shall he placed in separate and special accounts according to each Nexus Improvement Program component, realizing that the railroad crossings and traffic signal components are part of and are to be placed in the city backbone component account, and such revenues, along with any interest earnings on that account, shall be used solely to: Pay for the city's future construction of facilities described in the resolution enacted pursuant to section 3.28.020 above, or to reimburse the city for those described or listed facilities constructed by the city with fiends advanced by the city from other sources; or Page 66 of 496 2. Reimburse developers who have been required or permitted by section 3.28.040, to install listed facilities on the Nexus Improvement Program. B. When each fee levied by this section is determined, then each of the then -existing city general overhead and applicable departmental overhead rates shall be added to the fee and collected. Amounts collected as overhead rates shall be transferred from the transportation development fee fund to the city general fund to defray the cost reasonably borne of the collection and administration of the fees imposed by this chapter. (Code 1980, § 3.28.030; Ord. No. 445, § 1(part), 1991) Sec. 3.28.040. Developer construction of facilities. Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to section- 3.28.020 which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide service or mitigate the eed for the facility or the burdens created by the development. The total amount available for reimbursement in any year shall be at the discretion of the city engineer. (Code 1980, § 3.28.040; Ord. No. 445, § 1(part), 1991) Sec. 3.28.050. Fee adjustments. A. A developer of any project subject to theJee described in section 3.28.020 may apply to the city council for a reduction or adjustment -to that -fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the traffic impacts of that development and either the amount or the fee charged'or.the type of facilities to of -be financed. The application shall be made in writing and filed with -the city -clerk not latex than: 1.{4Ten days prior to the -.public-hearing on the development permit application for the project; or ��_y� 2. If no developmentermit is re required, at the time of the film of the request for a building —�P ` t q g q g permit. >1 B. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or separate hearing held within 60 siNt}days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a- reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (Code 1980, § 3.28.050; Ord. No. 445, § 1(part), 1991) CHAPTER 3.32. SPECIAL GAS TAX FUND* *State law reference ---Motor vehicle fuel tax, Revenue and Taxation Code § 7301 et seq.; local vehicle fuel tax, Revenue and Taxation Code § 9501 et seq.; highway users tax account, Streets and Highways Code § 2100 et seq. Page 67 of 496 Sec. 3.32.010. Created. To comply with the provisions of the Streets and Highways Code § 2113 wand to avail itself of its benefits of Streets and Highways Code §§ 2106 and 2107 thereof, there is created in the city treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund." (Code 1980, § 3.32.010; Ord. No. 3, § 1, 1977) Sec. 3.32.020. Deposit of funds. All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein or for engineering or for the construction, maintenance or improvement of streets or highways by the city, and all interest received from the investment thereof, shall be paid into the fund. (Code 1980, § 3.32.020; Ord. No. 3, § 2, 1977) Sec. 3.32.030. Expenditure restrictions. All moneys in the fund shall be expended exclusively for the purposes authorized by and subject to the provisions of the Streets and Highways Code. (Code 1980, § 3.32.030; Ord. No. 3, § 3, 1977) CHAPTER 3.36. ADM Sec. 3.36.010. Definitions. For the purposes of this chapter, certain construed as set forth in this section, unless it i meaning is intended. A–Admission means and includes any premises. JS T ses used in this chapter shall be the entire context that a different by a person or patron to any portion of 4 -.-Admission price means anj includes mdhey, and in addition to or in lieu of money, any valuable consideration paid, givereceived in exchange for the right or privilege of admittance to any premises or attending vent, and any additional consideration paid, given or received after admission to any pre excliige for the right or privilege of admission to or use of any portion of such premises or any ommodations or facilities therein located or provided. C -Attend means and includeAhe terms: "see," "view," "witness," "enjoy," "watch," "be present at," and "participate in." Conduct means and includes the terms "operate," "carry -on," "maintain," "keep," "render," "Perform," "hold," "give," "put-on" and "ex4ibit." , Er --Event means and includes every moving pieture perfePmanee, exhibition, fair, meeting, performance, race, dance, demonstration, or attraction at which live participation by human beings or animals is involved, for which a separate or additional admission price is paid for the right or privilege of attending or being admitted to the same. The term "event" also includes the right or privilege of parking a motor vehicle for which a separate or additional admission price is paid for such right or privilege. The term "event" does not include anv-rcnovin¢ icp tore performance at a movie theatre. F. Operator.—Operator includes any person, association, firm, or corporation owning, operating, conducting, directing, managing, or controlling, alone or in conjunction with any other person or as an independent contractor, any event or portion thereof which is subject to any tax imposed by any provision of this chapter. Page 68 of 496 P. atren. Patron includes any person who pays or, on account of whom is paid, any admission price for the right or privilege of being admitted to any premises for the purpose of attending any event. u. R- Fe +i -s ^. Premises includes any property, building, structure, enclosure, location or place, whether improved or not, and whether or not the same is owned by any individual person, firm, association, group, or corporation upon which any event is conducted or at or from which any event may be attended. 1. Seftsan Pass. Season pass means and includes every season ticket, season pass, passbook, club membership, membership card, association membership or insignia, or other device (other than a service pass), the ownership or possession of which entitles the owner or holder thereof to admission more than one time to any premises. (Code 1980, § 3.36.010; Ord. No. 198, § I (part), 1983; Ord. No. 198-A, § 1, 1983) Sec. 3.36.020. Imposition of tax. There is hereby imposed a tax upon every patron who pays an admission price for admission to, or for the privilege to attend, any event at any premises in the city. Said tax shall be at the rate of ten percent of the admission price. (Code 1980, § 3.36.020; Ord. No. 198, § ](part), 1983) Sec. 3.36.030. Season pass. if admission or attendance is under or by virtue of�a�season pass for which any admission price has been paid, the tax due thereon shall be paid and collected at the time and place that such season pass is purchased. (Code 1980, § 3.36.030; Ord. No. 198, § l(part)=1983)�- Sec. 3.36.040. Collection and payment, 1 The tax imposed by section 3.36:020 sall_be paid at the time when and the place at which the admission price is paid. Said tax shall be collected by the person charging for such admission. (Code 1980, § 3.36.040; Ord. lo�'198, §J(part), 1983). Sec. 3.36.050. Accounting n&paymc t to the city. On or before the tenth day of each month, any person required to collect the tax imposed by section 3.36.020 shall render (in duplicate) an accounting to the city of all such taxable admissions during 'the month preceding such accounting. Such accounting shall be filed with the finance director at the office of said director in the city hall, and, at the time of such filing, the person collecting such tax shall then and there pay to the finance director all amounts so collected as taxes under this chapter, as shown in such accounting. The correctness of such accounting shall be subject to audit by the finance director or his authorized representatives, who are hereby authorized and empowered to inspect and audit the books and records of any and all persons subject to the provisions of this chapter. (Code 1980, § 3.36.050; Ord. No. 198, § 1(part), 1983) Sec. 3.36.060. Form of return for accounting. A. The forms of return to be executed and filed pursuant to the requirements of this chapter shall be such as may be prescribed by or acceptable to the finance director. B. Such returns shall be dated, subscribed by the individual making the statement stating the capacity in which the signer makes the same, and the signer shall certify under the penalty of Page 69 of 496 perjury that the statements made therein are, to the best of his or her information, knowledge and belief, true and correct. (Code 1980, § 3.36.060; Ord. No. 198, § l(part), 1983) Sec. 3.36.070. Alternate procedure. Upon good cause shown, the city council may, in its discretion, authorize a person required to collect the tax imposed by this chapter to file accountings, or pay over to the city taxes collected, or both, at a time or times or in a manner other than those specified in section 3.36.050. (Code 1980, § 3.36.070; Ord. No. 198, § l(part), 1983) Sec. 3.36.080. Failure to file accountings or to pay over tax. In case of failure: A. To file any accounting required by this chapter, on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount required to be shown as tax on such accounting ten percent of the amount of such tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction thereof during which such failure continues, not exceeding 50 f ftppercent in the aggregate; B. To pay the amount shown as tax on any accounting specified in subsection A- of this section on or before the date prescribed for payment of'such tax, unless it is shown that such failure is due to reasonable cause and -not due to willful neglect, there shall be added to the amount shown as tax on such accounting onspercent of the amount of such tax if the failure is for not more than one month, with an additional one percent for each additional month or fraction thereof -during which such failure continues, not exceeding 50 ft percent in the aggregates -x (Code 1980, § 3.36.080; Ord. No. 198, § 1(part), 1983) Sec. 3.36.090. Interest. 7/If any amount of tax imposc'd\bpysection 3.36.020 is not paid on or before the last date prescribed for payment, interest on sucli'amount at an annual rate of 12 twelve percent shall be paid for the period from the date p� cribed for payment to the elate paid. (Code 1980, § 3.36.090; Ord. No. 1.98, § l(part), 1983) Sec. 3.36.100. Willful failure to account or to pay over tax. Any person required under this chapter to collect, account for, and pay over any tax imposed by section 3.36.020 who willfully fails to collect or truthfully account for and pdy over such tax shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not, more than $500M five h„•„a.ed a„ ii.,.., or imprisoned in the county jail not more than six months, or both. (Code 1980, § 3.36.100; Ord. No. 198, § l(part), 1983) Sec. 3.36.110. Joint and several liability of operator and person collecting tax. Any person required to collect the tax imposed by section 3.36.020 and the operator of an event are jointly and severally liable to the city for the taxes required to be collected for such event, together with interest and penalties thereon. (Code 1980, § 3.36.110; Ord. No. 198, § I(part), 1983) Page 70 of 496 Sec. 3.36.120. Maintenance of action. The city may maintain an action in any court of competent jurisdiction to recover the amount of taxes required to be collected under the provisions of this chapter and for interest and penalties thereon and, in addition thereto, the city may, if it is the prevailing party, recover reasonable attorney's fees and its other costs of suit. (Code 1980, § 3.36.120; Ord. No. 198, § 1(part), 1983) Sec. 3.3+6.130. Payment by operator in lieu of collecting tax. The operator of an event, in lieu of collecting the tax imposed by this chapter from patrons of the event, may elect to pay the city an amount equal to ten percent of the total admission price for such event. (Code 1980, § 3.36.130; Ord. No. 198, § l(part), 1983) Sec. 3.36.140. Exemptions. This chapter shall not apply to: A. An event which is conducted or sponsored by corporations, and any community chest, fund, or foundation, organized and operated exc ely for religious, charitable, or educational purposes, no part of the net earnin s inures to the benefit of any private shareholder or individual, and the net uiga of hick are devoted exclusively to religious, charitable or educational purpo B. An event conducted or sponsored for ra purposes by any political party recognized by the state, by any Candi ate fo o ical office, or by any committee on behalf of such political party or ca 'date, provided that the net proceeds from conducting such event are devot benefit of such political party or for the election of such candidate. C. To the right or privilege to nark oto ehicle where a charge is made through the use of a meter device and w 7 p g is upon a city street or city -owned parking lot. D. To an event whichnae–t' e'er sponsored by federal, state or local governmental entity.�,,� (Code 1980, § 3.36.140; Ord. No. 8, § 1(part), 1983) Sec. 3.36.150. Use of proceeds. All taxes collected under the 'authority of this chapter shall be paid into the general fund of the city. (Code 1980, § 3.36.150; Ord. No. 198, § 1(part), 1983) CHAPTER 3.40. TRANSIENT OCCUPANCY TAX* *State law reference—Occupancy tax, Revenue and Taxation Code § 7280 et seq. Sec. 3.40.010. Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: 1. -4. N `p.' tel means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location or other similar structure or portion thereof. NAW ' liadp� hill t..AM , ISVOCTTfiTR'RCC RS91ZlP[i0 Page 71 of 496 LIM e • 1 -71%- 7 ,.,.., B. nn.,ney. Occupancy . s the use or possession or the right to the use or possession of any room or rooms or portion ther of, in any hotel for dwelling, lodging or sleeping purposes. G. Ope r.O,perator means a person who is proprietor of the hotel, whether in the capacity of owner, lessee, sub -lessee, mortgagee in possession, licensee or any other capacity. Where the operator }performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his 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. '-'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. E. RI-Pent—Pent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. e • 1 -71%- 7 ,.,.., B. nn.,ney. Occupancy . s the use or possession or the right to the use or possession of any room or rooms or portion ther of, in any hotel for dwelling, lodging or sleeping purposes. G. Ope r.O,perator means a person who is proprietor of the hotel, whether in the capacity of owner, lessee, sub -lessee, mortgagee in possession, licensee or any other capacity. Where the operator }performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his 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. '-'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. E. RI-Pent—Pent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Page 72 of 496 i.Tr-_ixaient. Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 they consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 thiFty days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. (Code 1980, § 3.40.010; Ord. No. 197, § 1(part), 1983) State law reference—Definitions, Revenue and Taxation Code § 7280. Sec. 3.40.020. Imposition; generally, exception. A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments; a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon transient's ceasing to occupy pace in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the director—of-finance may require that such tax shall be paid directly to the director of finance. h B. Notwithstandine anv other provision of Iaw no tax under Revenue and Taxation alcoholic beverages and carbonated beverages of every kind. �t (Code 1980, § 3.40.020; Ord. No. 1�; §-1(part)-11983) State law reference—Exception for food -products, Revenue and Taxation Code § 7282.3. Sec. 3.40.030. Allowance for col costs. y From the full amount of the.tax collected and transmitted to the director of finance pursuant to this chapter, each operator may deduct and retain as for his administrative expense in the collection of said tax, an amount equal to four percent of the total tax to be paid. (Code 1980, § 3.40.030; Ord. No. 197, § 1(part), 1983) See. 3.40.040. Collection by operators. 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 tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. 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. (Code 1980, § 3.40.040; Ord. No. 197, § 1(part), 1983) Sec. 3.40.050. Registration of hotel operators; issuance and contents of registration certificate. Within 30 thifty days withio thirty days after commencing business, *Hhieheveff islater, each operator of any hotel Page 73 of 496 renting occupancy to transients shall register said hotel with the director of finance and obtain from him a transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel; . C. The day upon which the certificate was issued; D. "This transient occupancy registration certificate signifies that the person named on the face hereof has fulfilled the requirements of the 'uniform transient occupancy tax ordinance by registering with the director of finance for the purpose of collecting from transients the transient occupancy tax and remitting said tax to the director of finance. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit." (Code 1980, § 3.40.050; Ord. No. 197, § 1(part), 1983) Sec. 3.40.060. Filing of report and remittance of tax colle� t d� Each operator shall, on or before the last day of the�rnon th following the close of each calendar quarter, or at the close of any shorter reporting periodwhich maybe established by the director of finance, make a return to the director of finance, on forms provided by him/her, of the total rents charged and received and the amount of tax collected from transient occupancies. At the time the return is filed, the full amount of the tax 6ollected\shaI1 be remitted to the director of finance. The director of finance may establish shorter reporting periods for any certificate holder if he deems it necessary in order to ensure collection o£�'the tax,and he may require further information on the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the -director of finance. (Code 1980, § 3.40.060; Ord 1167-197, §j((part), 1983) Sec. 3.40.070. Penalties for delinquent payment. A. Origirnal delinquency, Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax. B.. Continued delinquency. Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax, in addition to the amount of the tax and the ten percent penalty first imposed. C. Fraud. If the director of finance determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25 twenty five -percent of the amount of the tax shall be added thereto, in addition to the penalties stated in subsections A and B of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties from the date on which the remittance first became delinquent until paid. E. Penalties nierged with tax. Every penalty imposed and such interest as accrues under the provisions of this section shall becorne a part of the tax herein required to be paid. Page 74 of 496 (Code I980, § 3.40.070; Ord. No. 197, § I(part), 1983) Sec. 3.40.080. Determination of tax by director of finance upon failure of operator to collect and report. If any operator shall fail or refuse to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or portion thereof required by this chapter, the director of finance 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 director of finance shall procure such facts and information as he is able to obtain, upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same, and to 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 director of finance 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 place of address. Such operator may, within ten days after the serving or mailing of such notice, make application in writing to the director of finance 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 director of finance shall become final and conclusive and immediately due and p ya able. If such application is made, the director of finance 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� .#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 why such•specif`te4tax, interest and penalties should not be so fixed. After such hearing the director of finance shall determine the proper tax to be remitted and shall thereafter give written notice to the persona the manner prescribed herein of such determination and the amount of such tax, interest -and penalties. The amount determined to be due shall be payable after 15 fifteen days unless an ] appeal is taken as provided in section 3.40.090. (Code 1980, § 3.40.080; Ord. No. 197,-.§_1(par`), 1983) Sec. 3.40.090. Appeals. Any operator aggrieved by any decision of the director of finance with respect to the amount of such tax, interest and penalties,fif any, may appeal to the city council by filing notice of appeal with the city clerk within 15 r.c�days of the serving or mailing of the determination of tax due. The city council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at his last known place of 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. (Code 1980, § 3.40.090; Ord. No. 197, § 1(part), 1983) Sec. 3.40.100. Records to be kept for three years. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the director of finance shall have right to inspect at all reasonable times. (Code 1980, § 3.40.100; Ord. No. 197, § 1(part), 1983) Page 75 of 496 See. 3.40.110. Enforcement. 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 paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. Except in the case of fraud or the failure of a property owner to file a transient occupancy tax return, the city may institute an action to collect unpaid transient occupancy taxes within four years of the date on which the transient occupancy taxes were required to be paid. (Code 1980, § 3.40.110; Ord. No. 197, § 1(part), 1983) State law reference—Action to collect unpaid tax, Revenue and Taxation Code § 7283.51. Sec. 3.40.120. Disbursement. All moneys received by the city from the collection of transient occupancy tax shall be paid into the general fund. (Code 1980, § 3.40.120; Ord. No. 197, § 1(part), 1983) Sec. 3.40.130. Violations. Any person violating any provisions of this chapter shall b`e guilt lty of a misdemeanor and shall be punishable therefor by a fine of not more than 500.0 � _h..�'r—e dallars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.. Any operator or other person who fails or refuses to registerr;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 director of finance, or who renders` a.false �or fraudulent return or claim is guilty of a misdemeanor, and is punishable as aforesaid\Any-person required to make, render, submit or verify any report or claim who makes any, false or;Ifraudulent 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 and is punishable as aforesaid. (Code 1980, § 3.40.130; Ord. No�197, §A(part), 1983) Page 76 of 496 ■ Sec. 3.40.140. Effective date. ��� This chapter shall take effect 30 t da s after adoption, except that the tax imposed by this chapter shall become operative on_JuIy, 1, 1983. (Code 1980, § 3.40.140; Ord. No. 197, § T(part), 11983) State law reference—l.,evy of"taxon certain properties prior to 1985 validated, Revenue and Taxation Code § 7280. �y CHAPTER 3.44. MOSILE'SOURCE AIR POLLUTION REDUCTION PROGRAM* Y *State law reference—Vehicular air pollution control, Health and Safety Code § 43000 et seq.; fees to implement state Clean Air Act, Health and Safety Code § 44243 et seq. Sec. 3.44.010. Intent. This chapter is intended to support the South Coast Air Quality Management District's (SCAQMD) imposition of the vehicle registration fee and to bring the city into compliance with the requirements set forth in Health and Safety Code § 44243 in order to receive fee revenues for, the purpose of implementing programs to reduce air pollution from motor vehicles. (Code 1980, § 3.44.010; Ord. No. 449, § 6, 1991) State law reference—Requirements of ordinance, Health and Safety Code § 44243(b). Sec. 3.44.020. Definitions. As applied in this chapter, the following words and terms are defined as follows: A. "City" m{ns the eitTonanehe GQ gft Fee administrator means the finance director of the city or his designee. Page 77 of 496 Mobile source air pollitt,ion reduction programs means any program or project implemented by the city to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to ^•bele 5 (,.a ffi,..-,neing.,, +i the 0;;144 -vin and Safety Code § 40460 et seq. (Code 1980, § 3.44.020; Ord. No. 449, § C, 1991) Sec. 3.44.030. Administration of vehicle registration fee. A. Receipt of fee. The additional vehicle registration fees disbursed by the South Coast Air Quality Mana ement District (SCAQMD) and remitted to the city pursuant to this chapter shall be accepted by the fee administrator. B. Establishment of aIr quality iarr.prorremerrt trust fiaid. The fee administrator shall establish a separate interest-bearing trust fund account in a financial institution authorized to receive deposits of city funds. C. Transfer of funds. Upon receipt of vehicle registration fees, the fee administrator shall deposit funds into the separate account established pursuant to subsection B of this section. All interest earned by the trust fund account shall be credited only to that account. D. Expenditure of air quality trust farad revenues. All revenues received from the SCAQMD and deposited in the trust fund account shall be exclusivelyexpended on mobile source emission reduction programs as defined in section 3:44.020. Such revenues and any interest earned on the revenues shall be expended within one year of the completipkof the programs. E. Audits. The city consents to an audit of—all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to seetion "4902 Af the Health and Safety Code § 44223. The audit shall be conducted by)an independent auditor selected by the SCAQMD as provided in the Health and Safety Code §§:44244 and 44244.1(a). (Code 1980, § 3.44.030; Ord. No. 449, § D, ]991) 3.44.040. Construction. The provisions of this chapter shall"be' construed as necessary to effectively carry out its purposes, which are found and—declared to be in furtherance of the public health, safety, welfare and convenience. (Code 1980, § 3.44.040; Ord. No. § E, 1991) Y CHAPTER 3.46. ELECTRIC RULES AND REGULATION Sec. 3.46.01.0. General provisions. A. Applicability of electric rules and rate schedules. These rules apply to the electric service area of the utility, except as may be otherwise provided or prescribed by the city council. The director of utilities/city engineer or his or her designee shall interpret the rates and rules. In the event of any dispute or disagreement regarding interpretation of rules or rates, the city council shall determine the applicability of the rule or rate in question. 1. Any person desiring to appeal electric fees, charges and/or requirements, other than charges for monthly service and usage, shall submit a letter of appeal to the director of utilities/city engineer. The appeal will be reviewed by the director and staff and will be scheduled to be considered by city council. 2. Any person disputing a monthly service bill must follow section 3.46.110. B. Special conditions of seroi,ce. The director of utilities/city engineer or his or her designee may establish and enforce charges for furnishing electricity to any installation of a character not Page 78 of 496 adequately provided for by these rates and rules, provided that such charges shall be consistent with established rates and charges. (Code 1980, § 3.46.010; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.020. Adoption of electric rules and definitions. These electric rules established by the city council are effective throughout the service area of the electric utility. They are subject to the following provisions and definitions: A. All rules are subject to change. Copies of the rules currently in effect will be kept in the office of the utility. Customers or others contemplating any expenditures or activities governed by these rules should assure themselves that they have the current version by contacting ming the utility. B. For the purpose of these rules and rate schedules, the terms and expressions listed below shall have the meanings set forth as follows: Added facilities means the facilities provided by the utility at the request of the customer which are over and above the utility's standard facilities. See section 3.46.030H. Applicant. means a person requesting RCMU to supply or deliver electric service and who will be responsible for all related charges. Applicationmeans a written request to the utility far electric service as distinguished from an inquiry as to the availability or charges for such servicer Bi.11Ing demand means the load or demand; --measured in kilowatts, used for computing charges under rate schedules based on the size of the customer's load or demand. It may be the connected load, the measured maximum_ de�, or a modification of either as provided for by the applicable rate schedule. Billing period means the time interval between two consecutive meter readings that are taken for billing purposes. /'�� Certified renewable resoill.ProoVider means a renewable resource provider who has obtained certification from.the state:—� "City" means Rane13` `'gf , 1i+ornia. ;kms- -yespeficiible forthe - Management Class of service. Different classes of electric utility service are: general lighting, multiple - phase lighting, combination lighting and power, emergency lighting, single-phase power, polyphase power, welding, x-ray, fire pump, fire alarm, and stand-by power (permitted only where stand-by and normal circuit conductors are in separate raceways and enclosures). Contmerci.al deuelopmen.ts consist of two or more enterprises engaged in trade or the furnishing of services (e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes). Completed application means an application that satisfies all of the information and other requirements of the tariff schedules, including any required deposits. Connected load means the sum of the rated capacities of all of the customer's equipment that can be connected to the utility's lines at one time, as more fully described in the applicable rate schedules. Customer means the person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for that service or, in the absence of a signed instrument, by the receipt and payment of bills or summary bills regularly issued in Page 79 of 496 his or her name regardless of the identity of the actual user of the service. A customer may also be a party with whom the utility is doing business with or without a billing relationship. Customer's niai.ling address means the address specified in a customer's application or contract, or any other address subsequently given to the utility by the customer, to which any notice, bill or other communication is to be mailed. Date of presentation means the date upon which a bill or notice is mailed, or delivered by the utility, to the customer. Director means director of utilities/city engineer of the city of RaFtehe Gtieamenga. Distribution .line extension means new distribution facilities of the utility that is a continuation of, or branch from, the nearest available existing permanent distribution line, including any facility rearrangements and relocations necessary to accommodate the distribution line extension, to the point of connection of the last service. The utility's distribution line extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an applicant, but excludes service transformers, meters and services. Distribution lines means overhead and underground facilities which are operated at distribution voltages. C�� Distribution. system, means those distribution facilities o nW ed, controlled, and operated by the utility that are used to provide distribution service un,der,�he tariffs. Edison. means Southern California Edison-Gompan_y. Electric supply means electric energy or, power. Electronic transfer means pape rless-�exchan_ge of data and/or funds, usually involving computer and telecommunication technol go y�� "y Energy dluersion means electr ity being received by a customer without registering through a meter due to either tampering -`with the meter or bypassing the meter. General service means-servied-to.any lighting or power installation, except those eligible for service on street lighting outdoor,area lighting, residential or stand-by schedules. Heating seruice mea ns service t any apparatus employing the resistance of conductors to transform electric energy int heat. Hourly metering. See Interval nieterin.g. HP means horsepower. Independent system operator (ISO) means the. California Independent System Operator Corporation, a nonprofit corporation that controls the transmission facilities of all participating transmission owners and dispatches certain generating units and loads. The ISO is responsible for the operation and control of the statewide transmission grid. Industrial deuelopnaeras consist of two or more enterprises engaged in a process which creates a product or changes materials into another form or product. In.terniitten.t seruice means service which, in the opinion of the utility, is subject to discontinuance for a time or at intervals. Interual metering means a metering device capable of recording minimum data required. Minimum data requirements may include 15 -minute demand data required to bill the utility's tariffs. l?W means Kilowatt. Page 80 of 496 kMi means Kilowatt-hour. Lighting service means service to any apparatus transforming electric energy into light for all visual purposes, except those specified under power service. Line extension means all facilities, excluding transformer, service connection and meter, required to extend electric service from the utility's existing permanent facilities to the point of delivery to the customer. Mailed means any notice or other communication will be considered mailed when sent by electronic transfer or when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office box, postage prepaid. Maximuni dernan.d means the average kilowatts during the specified time interval when the customer's use is greatest in the billing period as indicated or recorded by the utility's meter. Meter means the instrument used for measuring the electricity delivered to the customer. Meter data inanagenient agent (MDMA) means the entity that takes raw meter outputs, validates them using validation, editing and estimating rules, adds corollary information needed to characterize the customer, and makes complete -customer information available to others for use in various applications. Metering facilities means the necessary meter rinstrurnent transformers, test facilities, data communication equipment, and other associgte�d,mhetering equipment. Meter service provider (MSP) means the entity that installs, validates, registers, and maintains the physical meter required on a p1remises`to measure the required variables. Meter systems mean the meter,-the\eter)reading system and the meter data management server. Multiple occupancy building means ajbuilding of multiple occupancy provided with continuous outer wall construe 'i6 but not limited to, apartments, condominiums, townhouses and commercial building Y Mu.n.icipal service me—h6s,utilify,services supplied to any municipal entity. Nominal voltage mean's the `approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific nominal voltage, the operating voltage actually existing at various points and at various times on the system is subject to normal distribution variation. Otherwise applicable tariff (OAT) means the utility rate schedule that would otherwise apply to the customer from time to time for electrical services to the premises. Paid or payment means funds received by the utility through postal service, the utility payment office, the utility -authorized agent, or deposited in the utility account for electronic transfer. Perinan.ent service means service which, in the opinion of the utility, is of a permanent and established character. This may be continuous. intermittent or sPasnnal in nature Person means any individual, partnership, corporation, public agency or other organization operating as a single entity. Point of del,iuery means the point where conductors of the utility are connected to the conductors of the customer, regardless of the location of the utility's meters or transformers. Utility conductors may be owned, leased or under license by the utility, and the conductors of the customer may be owned, leased, or under license by the customer. Page 81 of 496 Power factor means the ratio of the revenue producing current in a circuit to the total current in that circuit. In terms of power quantities, power factor is the ratio of kW (real power) to the total kVA (total power). Power service means service to apparatus or equipment used for purposes other than lighting shall be ide -e , Lamps or lights used for purposes which, in the opinion of the utility, are not general illumination purposes are classified as power service, such as the following: motion picture projection, motion picture and television production, production of chemical reactions, sterilizing, drying, radiant heating, therapeutic, photographic processing, production of stimulating the growth or yield of agricultural products, pilot or indicating lights on power control equipment, and lighting used as an aid in the operation of a motor -driven production machine for the purpose of checking tool settings or dial readings, measuring or inspecting the product while on the machine, when the lamps are installed as an integral part of the machine and energized from its power supply. Prent.ises means all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, except in the case of industrial, resort enterprises, and public or quasi -public institutions, by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. Property means a parcel of real -property of rec r&a 'shown in the county assessor's maps on file in the office of the county assessor San rx,,....•,,.:r no r ou'- ty Public purpose programs charge means a non -bypassable surcharge imposed on all retail sales of electricity to fund public goods research development and demonstration and energy efficiency activities. Public utilities commission, mea_&__ hi public utilities commission of the state. 4 lei€er-R411-, Pull box means an enclosure for 'oini conductors which also provides b its size, �__� g P Y arrangement, and location the necessary facilities for pulling the conductors into place. iris The term "pull box," as used here;�inc1Ct&s structures also known as "manhole," "hand hold," and "switch board pull section! Qualified con tractor%s11 bcon.tractor (QC/S) means an applicant's contractor or subcontractor who: \ 1 A. Is licensed in the state r Mifi r=ni =-for the appropriate type of work such as, but not limited to, electrical and general; 2,. B. Employs,.workmen properly certified for specific required skills such as, but not limited to, plastic fusion and welding. Electric workmen shall be properly qualified (qualified electrical worker, qualified person, etc.) as defined in the state of High Voltage Safety Orders (Title 8, Subchapter b, Group 2); �C. Complies with applicable laws such as, but not limited to, equal opportunity regulations, OSHA and EPA. Qualified cu.stonaer means, as determined by the utility, those customers having met the criteria and supplied the facilities for electric service under the utility's tariff schedules and/or having special skills and equipment necessary to participate with the utility in business services. Quasi -public institutions means public utilities, educational institutions and hospitals, whether publicly or privately owned, where the property, campus or hospital grounds extend over relatively large areas through which public streets may run. Page 62 of 496 Rate area means a specified area within which a rate schedule or schedules apply. Rate charges means charges in the rate schedules. These charges may include the following: Added facilities charge means the fee collected by the utility for the installation and use of added facilities equipment. Customer charge means that portion of the charge for service which is a fixed amount without regard to connected load, demand, or energy consumption in accordance with the rate schedule. Demand charge means that, portion of the charge for service which varies with the billing demand in accordance with the rate schedule. Energy charge means that portion of the charge for service which varies with the quantity of energy consumed in accordance with the rate schedule. Mini,nmin charge means the least amount for which service will be rendered in accordance with the rate schedule. Service charge means that portion of the charge for service which is a fixed amount based on connected load in accordance with the rate schedule. Ston.dby charge means that portion of thecharge-for ndby service which is a fixed amount based on the maximum load the utility stands ready to supply in accordance with the rate schedule. \ `� Rate schedule means one or more tariff pag setting'f6rth the charges and conditions for a particular class or type of service at a given location. A rate schedule, as referred to herein, shall include all the wording on the applicable tariff,page or pages, such as, but not limited to, the following: schedule number, class of service character orapplicability, territory, rates, conditions, and reference to rules. i Rales means tariff pages which `t-fortli the application of all rates, charges and set -vices when such applicability is not set forth in and as a part of the rate schedules. Scheduling coordinat0 (SCmeans an entity certified by the Federal Energy Regulatory Commission that acts s a go-between with the ISO on behalf of generators, supply aggregators (wholesale marketers), retailers and customers to schedule the supply and consumption of electricity. y Serilice wires or connection' means the group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the customer to the utility's supply line, regardless of the location of the utility's meters or transformers. An overhead service connection, sometimes referred to as a service drop, is the group of conductors between the customer's building or other permanent support and the utility's adjacent pole. Sercice extension means and consists of the service wires or connections as above defined. Single enterprise means a separate business or other individual activity carried on by a customer. The term "single enterprise" does not apply to associations or combinations of customers. Small cu.stonrer/apl)li.cant means applicants for service and customers served under domestic rate schedules and schedules SC, AL -2, LS -3 and TC -1. Small conr.nierci,al customer means customers served under schedules GS -1, TOU-GS-1 and TOUEV- 3. Page 83 of 496 Standby service means service supplied to customers who normally obtain their power requirements from sources other than the utility. Under this service, the utility provides a permanent service connection to supply the customer's contracted load in accordance with the provisions of the standby schedule. Street lighting service means service to any lighting apparatus used primarily for the illumination of streets, alleys, highways or other public ways. Summary bill means a customer account statement that includes charges for multiple service accounts. Tariff schedules means the entire body of effective rates, rentals, charges, and rules collectively of the utility, as set forth in this chapter, and including title page, preliminary statement, rate schedules, lists of contracts and deviations, rules and sample forms. Tempora►V service means service for enterprises or activities which are temporary in character or where it is known in advance that service will be of limited duration. Service, which in the opinion of the utility, is for operations of a speculative character or the permanency of which has not been established, also is considered temporary service. Tract or subdivision means an area for family awe which may be identified by filed subdivision plans or as an area in which a group of dw may be constructed about the same time, either by a large scale builder or by seyardVA1119kys working on a coordinated basis. Al ti Utility means the Rancho Cucamonga Mu,jajeip Utility (RCMU). RCMU is responsible the cit . Utilities administrative resource nianager means the utilities administrative resource manager appointed by the director o tilitie�lcity engineer or his or her designee. Utility operating conveniexice �nsnd refers to the utilization, under certain circumstances, or facilities or � preticeordinarily employed which contributes to the overall efficiency of utility operatioifft; it does not refer to customer convenience nor to the use of facilities or adoption of practice required to comply with applicable laws, ordinances, rules or regulations, or similar requiremts of public authorities. Violence means and includes, but is not limited to, death or injury with a weapon, inflicting bodily harm, allowing animals to attack, physically detaining an employee against his or her will, and/or tearing employee's clothing. X-ray service means service to any apparatus transforming electric energy into radiation similar to light but having wavelengths from 0.0006 to 2 angstroms. Zone. mean Zones are defined by zip code for purposes of establishing discretionary service fees. (Code 1980, § 3.46.020; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.030. Description of electric service. A. General. 1. The character of service available at any particular location should be ascertained by inquiry at the utility's office. 2. The rate schedules included in this chapter are applicable to both electric service and utility services provided beyond the utility's point of delivery. Page 84 of 496 3. The rate schedules included in this chapter are applicable for service where the customer purchases its entire electrical requirements from the utility, except where such schedules specifically provide otherwise, and are not applicable where a part of the customer's electrical requirements are supplied from some other source. 4. The rate schedules included herein are only applicable for service provided from underground distribution facilities, except where schedules specifically provide otherwise. 5. Alternating current service of approximately 60 -cycle frequency will be supplied. G. Voltages referred to in the tariff schedules are nominal voltages. 7. Each service shall have a service main disconnecting device with an ampere rating equal to or less than the ampere rating of the underground pull section and the service conductors. The total ampere rating of the service main disconnecting devices, including taps to underground pull section, shall be equal or less than the ampere rating of the service conductors. B 1 2 Phase and voltage specifications. Cu.stom.er service voltages. a. Under all normal load conditions, maintain secondary service voltage specified below: b distribution -circuits will be operated so as to levels to custom rs within the voltage range Nominal Two -Wire Minimum V(011tage` �Ma)x1mtim Service Maximum Service and Multi -Wire to All'Services iVoltage on Voltage on Service Voltage �� Residential and Agricultural and Commercial Industrial Distribution Distribution Circuits Circuits 120 \114 120 126 208 =�� 1971 208 218 240 \� .228 2,10 252 Y 277 263 277 291 480 456 1480 1504 Exceptions to voltage limits. Voltage may be outside the limits specified when the variations: (1) Arise from the temporary action of the elements; (2) Are infrequent momentary fluctuations of a short duration; (3) Arise from service interruptions; (4) Arise from temporary separation of parts of the system from the main system; (5) Are from causes beyond the control of the utility. Customer atili7ation, voltages. a. All customer -owned utilization equipment must be designed and rated in accordance with the following utilization voltages specified by the American National Standard C84.1 if customer equipment is to give fully satisfactory performance. Page 85 of 496 Nominal Utilization Voltage Minimum Utilization Voltage Maximum Utilization Voltage 120 110 125 208 191 216 240 220 250 277 254 289 480 440 500 b. The difference between service and utilization voltages is allowances for voltage drop in customer wiring. The maximum allowance is four volts (one hundred tweR 5 120 - volt base) for secondary service. C, Minimum utilization voltages from American National Standard C84.1. shown for customer information by the utility has no control over voltage drop in customer's wiring. d. The minimum utilization voltages shown sub4ction-(B)(2)(a). of this section, apply for circuits supplying lighting loads. The/m-I'nimum secondary utilization voltages specified by American National Standard�C84'�l fo6r circuits not supplying lighting loads by 90 percent of nominal -voltages 180 volts on erre un -e +.. etity 120 -volt base) for �� 1,rmal' ]rvice. • e. Motors used on 208-twe k. ndi!ed ���-''+ volt systems should be rated 200 two hu volts or (for small Ingle,phase motors) 115 ene '1,_.~ared fiF+^^~ volts. Motors rated +.. e hundred �*Lirt•. 230 volts will not perform satisfactorily on these systems and should not -be used. Motors rated 220 two hundFe4 twenty -volts are no longer standard, but -many of them were installed on existing two 1,• ndr-„a eight 208 - volt systems on the assu`mpbon that the utilization voltage would not be less than 187 ene 1,...,a.. a- ;nti+., volts (QO ninety percent of 208 two hundred eight volts). 3. S'ngle-phase service. a. General. Voltage Minimum Load Maximum Load Required Allowed 120 volts None 1-15 amp and 1-20 amp branch circuit 1201240 or 240 None 400 amp main volts switch 2401480 volts 15kVA 200 amp main switch 2,400 volts or over Varies with 40 amp main location switch Page 86 of 496 b. The maximum size 120 -volt single-phase motor allowed is one hp, and the maximum size two hwa4red 99- 140 -volt, or higher voltage, single- phase motor allowed is ten hp. C. Single-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified in this section, provided the approval of the utility has been first obtained as to the number and size of switches, circuits and related facilities. One x,,.,ar„a twenty20/24 volt installations will be supplied by one of the following methods as determined by the utility: (1) From two or three separate Aar hu-n-dred twenty 120/240twe h„R ffl-e f Fty volt service connections at one location. Energy so supplied will be totalized for billing purposes. The connected load on any service connection shall not be greater than twice that on any other service connection; (2) From one one hundred t-• err 120124 volt connection where the proposed main service switch does not exceed 600 amperes capacity. d. Where RCMU maintains four -wire wye-tonne e`�i hundred eight volt secondary mains, single- h X120/209 -five �•un-dFe eight volts, t e -wire is a 200 twe hk*a --e ampere main sw' ad ampere main switch will be suppli eigM volts, four -wire. 4. Three phase service. a. General. one hundred d ...,ent;,120/208twe 7e is supplied ate nP for hick the maximum allowed } excess of a 200 twe L. ,R re I -Ped- 120120hundr Voltage im Maximum Demand Maximum Main d Load Allowed Switch Capacity wired Allowed 240 volts 3 k A 1,000 kVA 4,000 amperes 2771480 volts 25 kVA 3,000 kVA 4,000 amperes 2,400 volts or 4,160 Varies w/ location 12,000 kVA 3,000 amperes volts 12,000 volts or Varies w/ location 30,000 kVA Not specified 16,500 volts b. Where three-phase service is supplied from a four -wire wye-connected one hundr-e-I twenty120/208t 4*u*dfea eigh volt service, the maximum demand allowed is 1,000 ene-thousand-kVA. C. Service to all loads of 1.000 ene-the�teaml-kVA maximum demand, or over, must be approved by the utility as to adequacy of facilities for service. d. Loads on three-phase service must be balanced between phases in accordance with good engineering practice. e. Three-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified in this section, provided approval of the utility has first been obtained as to the number and size of switches, circuits Page 87 of 496 and related facilities. Such service will be supplied from two or three separate service connections at one location. Energy supplied in this manner will be totalized for billing purposes. The loads will be balanced as closely as practicable between the services. 4-5. Combined single -;phase service and three-phase ser t4ce. a. Service may be supplied at 12 /20four-wire wye-connected where the utility does not maintain four -wire secondary poly -phase mains, provided: (1) Written application is made for such service by the customer; (2) The customer's load is of such a size as to require an individual transformer installation of not less than 15 fiftppR-kVA of transformer capacity; and (3) A customer provides space acceptable to the utility on this premises to accommodate the installation of the utility's facilities when, in the opinion of the utility, such space is considered necessary. b. In underground areas where the utility maintains /20J"w& fid- 4 volt or *we hon -'Fed f-. 42 0-vo hree-phase mains, service may be supplied at 2.77 d-eiglty volts, four -wire, provided: (1) Written application is made for sueby a customer; and 4;(2) The customer provides space acceptable to,,the utility on his or her premises to accommodate the installatio of the utility's facilities when, in the opinion of the utility, such space is c i ed ne essary. C. The maximum demand allo ance r combined single-phase and three-phase are as set forth in subsection B.3 o his se ion. 47E. At the option of the uti a oltage and phase specifications may be modified because of the service c i he location involved. C. Motor ,protection90 lip t. Customer's motor equipment must conform to the ct following requirements: 9 1. Motors that cannot be Wely subjected to hull -rated voltage on starting or that drive machinery of such a nature that the machinery, itself, or the product it handles will not permit the motor to resume normal'speed upon restoration of normal supply voltage shall be equipped with devices that will disconnect them from the line upon failure of supply voltage and.that will prevent the automatic reconnection of the motors upon restoration of normal supply voltage. 2. All motors of one hp or larger shall be equipped with thermal relays, fuses or other automatic overcurrent interrupting devices to disconnect completely such motors from the line as a protection against damage due to overheating. 3. Three-phase motors . driving elevators, hoists, tramways, cranes, conveyers or other equipment, which would create hazard to life in the event of uncontrolled reversal of motor rotation, shall be provided with reverse -phase and open -phase protection to disconnect completely the motors from the line in the event of phase reversal or loss of one phase. 4. Wind machines thermostatically controlled with automatic reclosing switches must be equipped with suitable time -delay devices, as hereinafter specified, at the customer's Page 68 of 446 expense, to permit the required adjustment of the time of re -closure after interruption of service. A suitable time -delay device, within the meaning of this section, is a relay -or other type of equipment that can be preset to delay with various time intervals the re -closing of the automatic switches (and the consequent starting up of the electric motors on the wind machines) and to stagger the reconnection of the load on the utility's system, and such device must be constructed so as effectively to permit a variable overall time interval of not less than five minutes with adjustable time increments of not greater than ten seconds. The particular setting to be utilized for each separate installation is to be determined by the .utility from time to time in accordance with its operating requirements, and the customer is to obtain from the utility the setting for each installation as thus determined. D. Alloivable rii.otor stai•t.i.ng ciirreii.ts. 1. The starting current drawn from the utility's lines shall be considered the nameplate locked rotor current or that guaranteed by the manufacturer. At its option the utility may determine the starting current by test, using a stop ammeter with not more than 15 frftee-n -percent. overswing or an oscillograph, disregarding the value shown for the first ten cycles subsequent to energizing the motor. 2. If the starting current for a single motor exceeds theta e'stated in the following tables, reduced voltage starting or other suitable means must be) employed at the customer's expense, to limit the current to the value specified,y xcept where specified exemptions are 1. provided in subsection D.2, 3, and 4 of thi _section. TABLE 1 Alternating Current \\Single-phase Motors Allowable`Locked'Rotor Currents Standard nominal voltages of the utility are as follows: Rated Size,, 120 Volts 240 Volts ��{ 1 h and less\\ . 50 amperes 36 amperes 1 V2 hp 48 amperes 2 hp 60 amperes 3 hp 80 amperes 5 hp 120 amperes 7 Y2 hp 170 amperes 10 hp 220 amperes YiftlH W Alternating Current -- Three-phase Motors Allowable Locked Rotor Currents Rated Size 2,10 Volts 480 Volts 2,400 Volts Page 89 of 496 3 hp 64 amperes 32 am eres 5 hp 92 amperes 46 am eres 7 % hp 127 amperes 63 amperes 10 hp 162 am eres 81 amperes 15 hp 232 amperes 116 amperes 20 hp 290 amperes 145 amperes 25 hp 365 amperes 183 amperes 30 hp 435 amperes 218 amperes 40 hp 580 amperes 290 am eres 50 hp 725 amperes 363 amperes 70 amperes 60 hp 435 amperes 87 amperes 75 hp 535 amperes 10 7 am ores 100 hp 725 amperes 142 am eres a. Over 100 hp -- The utility should be ,consulted for allowable locked rotor currents. b._ Where service conditions per�mt��sJct to the utility's approval, reduced - voltage starters may be omitted i'n t\he`orig'nal installation until such time as the utility may order the-installatio�bf a reduced -voltage starter to be made, and, similarly, the utility may at any time require starting current values lower than set forth herein where conditions at any point on its system require such reduction to avoid,interference with service. cA,. Reduced -voltages starters may be omitted on any motor of a group installation provided that -,its starting current does not exceed the allowable starting current of the largest motor of -the group. dA-, A reduced-voltge starter may be omitted on any motor in a group installation provided that its starting current does not exceed three times the maximum demand in amperes of the entire installation. E. Interference with service. Customers who operate equipment which causes detrimental voltage fluctuations (such as, but limited to, hoists, welders, radio transmitters, X-ray apparatus, elevator motors, compressors and furnaces) must reasonably limit such fluctuations upon request by the utility. The customer will be required to pay for whatever corrective measures are necessary. Prior to the installation of any new arc furnace or design modification of an existing furnace, the customer shall provide basic design information for the installation to aid the utility in determining a method of service and the allowable level of load fluctuations. Any customer who superimposes a current of any frequency upon any part of his or her electrical system, other than the current supplied by the utility shall, at his or her expense, prevent the transmission of such current beyond his electrical system. Page 90 of 496 F. Power factor. The utility may require the customer to provide, at his or her own expense, equipment to increase the operating power factor of each complete unit of neon, fluorescent or other gaseous tube lighting equipment to not less than 20 R4eety-percent, lagging or leading. G. Wave form. The utility may require that the wave form of current drawn by equipment of any kind be in conformity with good engineering practice. H. Added facilities. 1. Where an applicant requests and the utility agrees to install facilities which are in addition to, or in substitution for the standard facilities the utility would normally install, the costs thereof shall be borne by the applicant. Such costs shall include continuing ownership costs as may be applicable. Unless otherwise provided by the utility's filed tariff schedules, these added facilities (special facilities) will be installed, owned and maintained or allocated by the utility solely as an accommodation to the applicant. Added facilities are defined as: a. Facilities requested by an applicant which are in addition to or in substitution for standard facilities which the utility would normally provide for delivery of service at one point, through one meter at one voltage class finder its tariff schedules; or b. A pro rata portion of the facilities requested by an applicant, allocated for the sole use of such applicant, which would not normally be allocated for such sole use. Added facilities may include, but are not limited to, all types of egfiipment normally installed by the utility in the development of its electrical dis ution systems and facilities or equipment related to the utility's provision of service to a cuVw2ty m 0 1• a customer's receipt or utilization of the utility's electrical energy. Added facilities alsoude the differential costs for equipment for electrical distribution systems designed b which, in the utility's sole opinion, is in excess of equipment required by the utili s sta and serving system. Added facilities may include poles, lines, structures, fixtures, trans niers, ,service connections, load control devices and meters. However, the installation o to a of recording and providing interval data that are in addition to or in substitut' fo tan and meters shall be provided under the provisions of subsection J of this section ACI 2. Added facilities wNei tal1�# under the terms and conditions of a contract in the form on file with the uuch contract will include, but is not limited to, the following terms and conditi a. Where new facilities are to be installed for applicant's use as added facilities, the. applicant shall advance to the utility the additional installed costs of the added facilities over the cost of standard facilities. b. The following monthly ownership charges include a replacement component into perpetuity and are applicable to added facilities contracts: (1) Applicants being served by the utility -financed added facilities shall pay a monthly charge of 4-M1.46 percent of the cost associated with the added facilities; (2) Applicants being served by the customer- financed added facilities shall pay a monthly charge of -0.47 percent of the cost associated with the added facilities; (3) Where existing facilities are allocated for applicant's use as added facilities, the applicant shall pay a monthly charge for the added facilities of 448-1.46 percent of the utility's reconstruction cost new less depreciation value of that portion of the existing facilities which are allocated to the customer as added facilities. Page 91 of 495 e. Where the utility agrees to provide replacement options, the applicant shall pay the following monthly ownership charges: RCMU-Financed Without With replacement replacement 20 -year term perpetuity Monthly Rate —:- L % .4-.82-1.34% Customer Financed Without With replacement replacement 20 -year term perpetuity Monthly Rate 8:N-0.33% 0:97-0.35% Under these options, where existing facil' ated for applicant's use as added facilities„ the applicant shall pay ithLy..pwnership charge equal to the applicable RCMU-financed monthly rate. C -financed monthly rate will be applied to RCMU's reconstructio egWjpss the depreciation value of that portion of the existing facilities hick a Allocated to the customer as added facilities. d. Where the utility determine the ec on of continuing monthly ownership charges is not practicable, the applicant w be required to make an equivalent one-time payment in lieu of the;monthly rship charge. The applicable payment options, if any, will be selected solel by the utility. e. All monthly ow p arges shall be reviewed and re -filed with the city council when change cu int utility's coats for providing such service. However, the utility will not re if the utility's cost change is less than ten basis points. 3. The utility shall not be able for any loss, damage, or injury arising from the utility's installation, operation, maintenance, or control of the added facilities, unless such loss, damage or injury results from the utility's sole negligence, and, in no event, shall the utility be liable for loss of profits, revenues or other consequential damages. No adjustment shall be made to reduce the billings if damage to, or malfunction of, the added facilities result from any cause other than the negligence or willful acts of the utility. I. Welder service. 1. Rating of welders. Electric welders will be rated for billing purposes as follows: a. Generator arc welders. The horsepower rating of the motor driving a motor generator type are welder will be taken as the horsepower rating of the welder. b. Transfornxer arc welders. Nameplate maximum kVA input (at rated output amperes) will be taken as the rating of transformer type arc welders. C. Resistance welders. Resistance welder ratings will be determined by multiplying the welder transformer nameplate rating (at §Q fifir-percent duty cycle) by the appropriate factor listed below: Page 92 of 496 `Each flash or butt welder in this group Will b��d at 80 kVA where the distribution transformer is owned by the utility oc 60 kVA where the distribution transformer is owned by the customer.-����„� d. Ratings prescribed by subsection DI.a, b and c of this section normally will be determined from nameplate\data or from data supplied by the manufacturer. If such data are not availabieor are believed by either the utility or customer to be unreliable, the rati ,A,\ ill -be. -determined by test. C. if established by seals approved by the utility, the welder rating may be limited by the sealing oft ps ;which provide capacity greater than the selected tap and/or by the interlocking lockout of one or more welders with other welders. f. When conversion of units is required for tariff application, one welder kVA will be taken as one horsepower for tariffs stated on a horsepower basis and one welder kVA will be taken as one kilowatt for tariffs stated on a kilowatt basis. 2. Billing of welders. Welders will be billed at the Yegular rates and conditions of the tariffs on which they are served subject to the following provisions: a. Connected load type of schedule. Welder load will be included as part of the connected load with ratings as determined under subsection I.1 of this section based on maximum load that can be connected at any one time and no allowance will be made for diversity between welders. b. Dentand metered type of seltechile. Where resistance welders are served on these schedules, the computation of diversified resistance welder load shall be made as follows: Multiply the individual resistance welder ratings, as prescribed in subsections I.l.c through I.l.f of this section, by the following factors and add the results thus obtained: Factor Type of Welder Transformer Nameplate +Rating @ 50% Duty cycle Utility -owned Distribution Transformer Customer -owned Distribution Transformer Rocker Arm, Press or Projection Spot 20 kVA or less 0.60 0.50 Rocker Arm or Press Spot Over 20 kVA, incl. Projection Spot 21 to 75 kVA, incl. 0.80 0.60 Flash or Butt 100 kVA or over Seam or Portable Gun All sires Flash or Butt 67 to 100 kVA, incl. Project Spot Over 75kVA Flash or Butt 66 kVA or less 1.20 0.90 `Each flash or butt welder in this group Will b��d at 80 kVA where the distribution transformer is owned by the utility oc 60 kVA where the distribution transformer is owned by the customer.-����„� d. Ratings prescribed by subsection DI.a, b and c of this section normally will be determined from nameplate\data or from data supplied by the manufacturer. If such data are not availabieor are believed by either the utility or customer to be unreliable, the rati ,A,\ ill -be. -determined by test. C. if established by seals approved by the utility, the welder rating may be limited by the sealing oft ps ;which provide capacity greater than the selected tap and/or by the interlocking lockout of one or more welders with other welders. f. When conversion of units is required for tariff application, one welder kVA will be taken as one horsepower for tariffs stated on a horsepower basis and one welder kVA will be taken as one kilowatt for tariffs stated on a kilowatt basis. 2. Billing of welders. Welders will be billed at the Yegular rates and conditions of the tariffs on which they are served subject to the following provisions: a. Connected load type of schedule. Welder load will be included as part of the connected load with ratings as determined under subsection I.1 of this section based on maximum load that can be connected at any one time and no allowance will be made for diversity between welders. b. Dentand metered type of seltechile. Where resistance welders are served on these schedules, the computation of diversified resistance welder load shall be made as follows: Multiply the individual resistance welder ratings, as prescribed in subsections I.l.c through I.l.f of this section, by the following factors and add the results thus obtained: Page 93 of 496 1.0 times the rating of the largest welder 0.8 times the rating of the next largest welder 0.6 times the rating of the next largest welder 0.4 times the rating of the next largest welder 0.2 times the rating of all additional welders If this computed diversified resistance welder load is greater than the metered demand, the diversified resistance welder load will be used in lieu of the metered demand for rate computation purposes. J. Interval nietering and other metering facilities as added_fidad ities. 1. This subsection is applicable to the installation of interval metering and/or metering facilities that are not part of other transmission and distribution facilities installed as added facilities under subsection Id of this section. 2. Interval metering and/or metering facilities may include, but are not limited to, the components as defined in section 3.46.020 under "interval metering" or "metering facilities." 3. 'Where a customer elects, and the utility agrees, the 'dition ll install, own, and maintain interval metering and/or metering facilities w c 'are in to, or in substitution for, standard equipment for the customer's e s of such equipment shall be borne by the customer. 4. The costs of interval metering shall be the c is cost. 5. Interval metering and/or meteringj' ch es. a. Interval metering and/or mitering cilities will he installed, owned, and maintained under the terms of and conditions f a contract. Where a customer requests, the utility may agree to finhnce th real metering and/or metering facilities. b. Other charges. Forr utility-owped interval metering and/or metering facilities, the customer shall; pay the maintenance and testing charges in accordance with Sel3edktle PC- 9r the rat6A and charges listed in the schedule of electric fees and charges adontgd by resolution by the city council. This charge shall include repair and/or replacement `of the interval metering -and/or metering facilities, as necessary to provide for continued operation. The customer shall remain liable for repair or replacement due to damage from misuse, or hazards such as fire, theft or vandalism. The customer shall pay the maintenance and testing charges for the interval metering and/or metering facilities during the useful life of such equipment, under the terms and conditions set out in the IMMFA. c. The utility will update the installation, purchasing, maintenance and testing costs, and the monthly capital -related charges when changes occur in the utility's costs for providing such services and will file these updates with the city council. K. Chan,ee of connected load. If a customer plans to make anv significant change either in the amount or character Qf the electrical load connected to their service, the customer shall give the utility written notice in sufficient time for the utility to modify its service facilities, if necessary, before the customer makes the changes. The cost of modifying the utility's facilities will be charged to the customer in accordance with section 3.46.170. (Code 1980, § 3.46.030; Ord. No. 736, § 2(exh. 1(part)), 2004) Page 94 of 496 Sec. 3.46.040. Application for service. A. Application for service. 1. All applicants for electric service have given implied consent to receive such service only upon agreeing to comply with the rules and regulations of the utility. Each applicant for electric service may be required to sign an application on a form provided by the utility; however, at the option of the utility, an oral request for service may be accepted. Each applicant may be required to furnish the following information: 4-.a. Legal name of applicant; 2-: b. Date and place of application; c. Location of premises to be sewed; 4. d. Social security number or tax ID number; e. Purpose for which electric service is to be used; &- f. Address to which bills are to be mailed or delivered; �- Whether applicant is tenant of, or agent for, the premises; ou h. Square footage of space to be sewed and typicaPhours of operation; 9-. i. Desired service voltage and main switch size? -t8:i A completed electric information sheet and city -approved plans for the premises to be served; � � \� k. Rate schedule desired where an optional rate is available; 44J. Information to establish credit -worthiness of the applicant; in Information pertinent to the design, installation, maintenance or operation of facilities, and to the administration o°f the utility's electric tariffs; 4.4- n. Such other information as the utility may reasonably require. If an existing electric service connection is found to be inactive at the time of application, which may include; but not beJimited to, damages to the connection and/or replacement of the meter, an assessment will be made of the electric service connection and a fee shall be charged on a time ANd-material basis to recover the cost of re-establishing the service to an active status. 3. A new account setup fee shall be charged to offset the cost of creating accounting and computer records, reading the meter and/or turning on the electric service and shall be included on the first utility bill of all new accounts. The charge for the new account setup fee is set forth in the rate schedule. 4. The application is a request for service and does not in itself bind the utility to serve except under its filed tariff, nor does it bind the applicant/customer to take service for a longer period than the minimum requirements of the rate schedule. A contract will be required as stated in this section 3-VG44 -or in any applicable tariff. 5. Upon acceptance and approval of the application, the utility agrees to furnish and the applicant agrees to take electric service in accordance with the utility's applicable tariff schedule. These tariff schedules constitute the terms and conditions of the agreement between the utility and the applicant/customer for public utility electric service provided, unless agreed otherwise in writing. B. Indi.ridual liability for jolwl serz:ice. Two or more persons who join in one application or contract for service shall be jointly and severally liable under this section and shall be billed by Page 95 of 496 means of a single periodic bill mailed to the person designated on the application to receive the bill. Whether or not the utility obtained a joint application, where two or more persons occupy the same premises, they shall be jointly and severally liable for bills for electric energy supplied. C. Change in castotn'er•'s equipment or operations. Customers shall give the utility written notice of the extent and nature of any material change in the size, character or extent of the utilizing equipment or operations for which the utility is supplying service before making any such ,change. D. Refusal to provide service. The utility may disconnect or refuse to provide service to the applicant if the conditions upon the applicant's premises indicate that false, incomplete, or inaccurate information was provided to the utility or the acts of the applicant or anyone on the premises creates an unsafe situation for the utility's employee. The utility shall provide the applicant the reason for such refusal. (Code 1980, § 3.46.040; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.050. Contracts. A. When. service contracts are required. A contract or agreement to take and pay for electric service will not be required as a condition precedent to service xcept: 1. Where required by provisions contained in the tariffs hedules, in which case the term of the contract will be that specified; 2. Where it is necessary to install a line extension which case a contract foraeriod of three years may be required; except that,iwlien temporary service is to be supplied under the provisions of section 3.46.140, thef contract will cover the period of contemplated operations, but not longer than three years. l� B. When, faci.littes contracts are required: A' -contract or agreement to pay for the use, installation or removal of facilities including, abut not limited to, line extensions, street light installations, and special or added facilitieswill be required: 1. Where the provisions of-t� he tariff schedules so specify, in which case the terms of the contract will be governed th re eby; 2. Where any applicantl,or, customer desires new or increased distribution facilities for temporary service, in which case the utility may require such person to pay to the utility, in advance or otherwise„the estimated cost installed, plus the estimated cost of removal, less -the estimated salvage of the facilities, necessary for furnishing service in accordance with the provisions of section 3.46.140; 3. Where a person, whether or not a customer, desires to have the utility modify, rearrange, relocate or remove any of its facilities, the utility, if it agrees to make such changes, may require the person, at whose request the changes are made, to agree to pay, in advance or otherwise, the cost to the utility of making the changes. . C. Nonstandard contracts or service agreements. Where the customer has any outstanding nonstandard contracts or service agreements with the utility, or any nonstandard service account or meter service arrangements for the customer's convenience or for the utility's operating convenience, the utility may, at its discretion, require the customer to: Modify the nonstandard service account or meter service arrangements; or Terminate the contract, agreement or arrangement because of conflicts with other tariff provisions. (Code 1980, § 3.46.050; Ord. No. 736, § 2(exh. 1(part)), 2004) Page 96 of 496 Sec. 3.46.060. Special information required on forms. A. Contracts. Each agreement or contract form for electric service or installation of facilities will contain the following provision: "This contract shall at alltimes be subject to such changes or modifications by the city council as said city council may from time to time direct in the exercise of its jurisdiction." B. Customer's bill. Information will be printed on each bill or summary bill for electric service or will indicate how to obtain such information. The information either printed or supplied will include substantially the following: 1. Your bill or summary bill is due and payable upon presentation. Payment should be made to the Rancho Cucamonga Municipal Utility's offices or an authorized agent. 2. Should you question this bill or summary bill, please request an explanation and/or investigation from the Rancho Cucamonga Municipal Utility by calling (909)919-2612. 3. Any customer who has initiated a complaint or requested an investigation within five days of receiving a contested bill or summary bill for service shall be given an opportunity for review of such complaint or investigation by a review manager of RCMU. 1. If, after a determination by RCMU, you believe youNhave been billed incorrectly, the amount of the bill or summary bill should be depos%A 04 the Rancho Cucamonga City Council in c/o the City Clerk's Office,- 10500 Civic Ce er ve, Rancho Cucamonga, CA 91730, to avoid discontinuance of service. Make remitta payable to the city,of R ehe Gteameaga; and attach the bill or summary bill and a statement supporting your belief that the bill or summary bill is not corrt The director will review the basis of the billed amount and make disbursement in accordance with its findings. Further appeal may be filed under the city council's formal procedure..,,, 5. The schedule or code number of a rate nder which service is billed. C. Discontinuance of service no e. 1. Every discontinuance o e ce notice for nonpayment of a delinquent account, as provided for in sec shall include substantially all of the following information: a. The name and a ss of the customer whose customer account is delinquent; b. The amount of the d nquency; C. The date by which payment, or arrangement for payment, is required in order to avoid termination; d. The procedure- by which the customer may initiate a complaint ,or request an investigation concerning service or changes; e. The procedure by which the customer may request amortization of the unpaid charges; f. The telephone number of a representative of RCMU who can provide additional information or institute arrangements for payment. 2. The following will be printed on each discontinuance of service notice: "if past due bills 9FSummaff Bills are onpaid afteF the exp4ation date of a Page 97 of 496 if you ape unable te p" the amount shown on this notiee, please eeffit-A-et the 1944ty'S When the em-stemet- -R-;;-d- the Utility fail to agFee AM a bil-I AM SuFamaFy Bill aF4 payment i net made, to avoid dieeentinuanee of seFviee the eustomef must deposit the Amount Afthe hill A* Sum afty Pill Wia tihp Resehe GiaeFimeaga City Geoneil in eAe the City Cl .� r hasis of the billed amount and disbume the deposit ifi aeeef -Anee ;.;.44�1_ its findings. Subsequent unpaid bills ASP Suffiffiftry Bills, if dispoted, ffi-ost be handled in the same , A field as ignment eharge may be required. ...a,,qunte to , st.,ti,i:ssh „ edit " "Our records indicate that payment on your account is overdue. Under the rules established by the City of Rancho Cucamonga Muni 'pal Utility, we are notifying you that we intend to terminate electric service on or aft�ime, Date] at. [Service Address]." - "This action is being taken because your ' ue in the amount of [Dollar Amount], which includes a penalty of 0.9%. I m a ' rmination by bringing your payment to our office at 10500 Civic Center nch Cucamonga, CA 91729." "Payment must be received by4toote n date. If the City does not receive payment and the service is tegminayou 1 e required to pay the total amount overdue plus a disconnectionlreco fee a d a deposit to restore service." VP IX s - H44 -jL"and- "e deposit by applying it to the eustomer-'r, past due fbi- twelve mefl+l­ t. (Code 1980, § 3.46.060; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.070. Establishment and re-establishment of service. A. Establishment of er g --service; all classes of service. In compliance with the city of identity theft prevention program policy, Fpertinent information will be requested required from the applicant to establish ^r -edit whieh shall ; elu 9 but not be hFa ted to, geenditionsan account in advance of receiving electric service. including: ;Two forms of identification, at least one of which must be photo identification. The followings are examples of the types of identifications that an applicant may provide to verify his or her identity when seekine to open an account: a valid state -issued driver's license, a valid Page 48 of 496 state -issued identification card" a current passport, a social security card or a tax identification number. 2. VlyA making -a monetary guarantee in the form of sueh-a cash deposit equal to the rates and char es listed in the schedule of electric fees and charges ado ed by resolution b the city council and a signed airapplication as re wired in section 3.46.040 €erm—pfevided by the utility -in-r��eee of ejAptri B. Re-establishment of credit; all classes of service. If the utility has made a service call to disconnect the service for nonpayment of a delinquent bill, an additional charge shall be made to return service. Additionally, a deposit equal to three times the estimated monthly bill shall be required. (Code 1980, § 3.46.070; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.080. Deposits and service turn -on charge. A. General. Deposits will be required establish or re establish , as set forth in section 3.46.070,, B. Amount of deposit. i. The amount of deposit required to establish creel' for electric service shall be equal to the rates and charges listed in the schedule of ele c ees awl charges adopted by resolution by the city council.' deposit required to re PAWaLA-1; PP 'hfee tiffies MAP PAtiMAt. average menthAy bill. 2. In the event that a customer of ty h s diverted electricity ("energy theft'"), a separate deposit shall be arse sed. posit shall be twice the amount of the estimated loss to the utility res 'ing the diversion, but in no case shall the amount be less than the minimum diversion de it. C. Payment of deposit. Deposits are ue upon application for service and delinquent 14 feffrteeia--days later. Deposits will nc�t be use'Was payment for past -due bills to avoid discontinuance of service. Ail I ' D. Return of deposit. consecutive months without having received delin uent notice. Thp del2osit shall be credited towards any outstanding charges, 2. All other deposits. shall be retained, by the utility until the electric service has been terminated at the request of the customer or by the utility pursuant to these rules and regulations. Upon service termination, the utility shall credit the deposit towards payment of any outstanding charges due and owing by the customer. After the utility has made such credit, any remaining portion shall be refunded to the customer. Th -A 1_44W amy apply the depesit at afty time upon Fequest, py-evided the eustemeir's ef, P -E. Service turn -on char . 1. A service turn -on shall_ be made for turning on electric service during normal business hours on the following workday. There will be an additional charge for same day and after hours turn -on of service or s ecial appointment turn -on seadc ecial appointment turn -on charge will apply if a specific time is reauested and will not apply to the normal four-hour window a ointment when sRecifically reguested by the customer. Page 99 of 496 A service charge will be assessed for each additional weld visit required Lo complete the service turn -on order. After-hours for fee assessment oumoses are legal holidays and hours outside the followingtime periods: 8:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 a.m. Saturdays. 2. The utility shall not be liable for any loss or damage caused by the improper installation, maintenance or malfunctions of any electric apparatus or appliance, or for damage caused by the turning on and off of electric service by the utility. (Code 1980, § 3.46.080, Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.090. Notices. A. Notices to customers. When notices from the utility to a customer are required, they will normally be given in writing, either mailed to the address specified in the customer's application for service or to any address subsequently specified by the customer or delivered to him or her or posted in the local newspaper of record, except that in emergencies the utility may give notices in the manner most suitable under the existing conditions (radio, television, telephone, etc.). The discontinuance of service notice for nonpayment of a delinquent account shall be mailed as stated above at least five calendar days prior to proposed termination of nondomestic service. All procedures as required by law shall be exercised. B. Notices front customers. Notices from a custom communication mailed to the utility's office or ma customer's authorized agent at the utility's office, e required in tariff schedules or in any written agre (Code 1980, § 3.46.090; Ord. No. 736, § 2(exh. 1(p }}, 20 ) Sec. 3.46.100. Rendering and payment A. Rendering of bills. 21. u ty may be given by written ve y by the customer or the when written notice is specifically required for the preparation of regular bills, opening bills and closing Bills. It may not be possible to read meters on the same day of the month or at intervals of equal numbers of days. b. If, because of unusual conditions or for reasons beyond its control, the utility is unable to read the meter on the scheduled reading date, the utility may bill the customer or those deriving the benefit of service for estimated consumption during the billing period, and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the customer's prior usage, the utility's experience with other customers of the same class in that area, and the general characteristics of the customer's operations. Adjustments for any underestimation or overestimation of a customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation was required. When a service start date can be reliably estimated, the undercharge can be computed back to that date, exclusive of section 3.46.180. Access to the meter, sufficient to permit it being read, Page 100 of 496 shall be provided by the customer as a prerequisite to the utility making any adjustment of consumption billed on an estimated basis. 2. Service Period. Bills for electric service will normally be rendered on a monthly basis: except that the utility may render bills more or less frequently at the option of the utility. 3. Daily rate schedules. Bills for accounts on rate schedules with daily charges will be billed on a daily basis and will be computed on the number of days in the service period. No taro rata computation is required. 4. Monthly rate schedides. Bills for accounts on rate schedules with monthly charges will normally be billed for a monthly billing period. a. Monthly billin eriod. A monthly billing period will contain twenty QqMVff4274 to thiAv 3 days. Bills for accounts that are normally billed for a monthl billing period, including accounts based on measured monthly demand. will be calculated on pro rata computation for other than a monthly billing period. 3h. Pro rata computation. A41 bills for- eleetr-ie setwiee rendered When a pro rata computation is made he billing will be computed in accordance with the appheable thirty d" -rate schedule, but the size of the enemy blocks and the amount of the monthlycharges and credits specified therein, will be prorated on the basis of theme number of days serviee ha� ule of electric fees and charges adopted by resolution by the city council. B. Readings of separate neeters not co ined. Fore purpose of billing, each meter upon the customer's premises will be considered se aratel and the readings of two or more meters will not be combined, except as follows: 1. Where combinations of ,�r gs are specifically provided for in the tariff schedules; 2. Where the utility's venience requires the use of more than one meter. C. Payment of bills. 'c bi s, including service and penalty charges, are due and payable " , and shaH be delinaue billing in the for -at of Ft delinquent netiee; sei-,�iee may be diseentinued if the bill is not paid wit the ti—m-e • ed by se nex;ee ~n presentation, and payment'should be received at the office of the utility or by a representative or agent authorized by the utility. Accepted methods of pavment are as follows: 1. Checks sent via the U.S. mail to the address_ on the payment stub: or 2. Checks, money orders or cash paid at the utility pavment office or an authorized payment location, or 3. Any other Means mutually agreeable to the utility and the customer. D. Returned check. The utility may require payment of a returned check charge equal to that permitted under law for any check returned from the bank unpaid, as set forth in Seetien- 3.0-2-040 the schedule of electric fees and charges adopted by resolution by the city council. The returned check charge shall also apply to any forms of payment that are subsequently dishonored. if the Page 101 of 496 returned item was returned for payment on a prior ferty ee-4,8-hour notice of disconnection, service may be terminated without further notice. E. Late 12Mntent. A late payment charge of 0.976 percent may be applied to the total unpaid balances of a cult mer account if the customers payment is not received by the date indicated on the customer account bill. F. Field visit. The utility may reauire payment of a field visit service charge, no more than once per account per billing period, when an authorized utility representative makes a call to a customer's premises because of the customer's failure to pay in accordance with sections 3.46.070 or 3.46.120. This field visit_ service charge may be required if the call resulted in granting an extension. a field collection, or disconnection of service. If the field visit service charge is required, it will appear on the customer's next regular bill. F,G.Privacy of custonter inforniation. To preserve a customer's privacy when receiving and paying electric bills through the internet, the utility shall not release confidential information, including financial information, to a third party without an electronic signature or voice/written consent from the customer. {Code 1980, § 3.46.100; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.114. Disputed bili appeal process. A. Customers who believe their bill is in error ir. in writing within five days after receiving the bill investigation concerning the bills. After that period E B. If, after contact with the utility, the fustor customer must, within ten days after a remittance for the entire amount of the the reasons why the customer believes City of Rancho Cucamonga— Center Drive, Rancho Cucamonga,lit C. Failure of the cu: reseureea —djyjaWn manager constitute acceptance by tl service in accordance with s bill lrTcon t the utility by telephone or AnifbK a complaint or request an k,considered payable as rendered. relieves the bill is still incorrect, the ation from the utility, send his or her with a written statement setting forth to; 4Verk$-Municinal Utility. 10500 Civic >rnia-91730. lWrEvritten statement with the utilities kys after receipt of the explanation from the utility will of the bill as rendered, and authorize discontinuance of 120. D. If before completion of the utilities vision manager's review, additional bills become due which the customer wishes to dispute, the customer will not be required to file the dispute with the utility, as stated above, but will be required to send his or her remittance for the entire amount of the additional bills disputed to: Researees fir; City of Rancho Cucamonga Municipal Utility, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, and file additional written statements within ten days after receipt of such bills setting forth the reasons why the customer believes the additional bills are incorrect. Failure to do so will authorize discontinuance of service in accordance with section 3.46.120. The utilities administrative resources manager will not, however, accept deposits if the underlying dispute appears to be over matters that do not directly relate to the accuracy of the bill.. E. Upon timely receipt ofthe the written statement, the utilities administrative resources manager or his or her designee will review the basis of the billed amount and communicate the results of the review and decision to the customer. F. Any customer, whose complaint or request for investigation regarding a bill for electric service results in an adverse determination by the utilities administrative resources manager, may appeal such determination, after receiving the explanation from the utilities administrative Page 102 of 496 resources manager, by sending a written statement within ten days of the mailing of the explanation setting forth the reasons why the customer believe the investigation is incorrect. The customer must send this statement to the Director of Utilities/City Engineer, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of the written statement, the director of utilities/city engineer, or his or her representative will determine if the review manager's investigation was thorough and complete, addressing the aspects of the billing dispute. The results will be communicated to the customer in writing. G. If the billing dispute is not satisfactorily resolved with the director of utilities/city engineer or his or her representative, the customer may request a review by the city manager by sending a written statement within five days of mailing the director of utilities/city engineer's determination to: City Manager, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Upon timely receipt of this written statement, the city manger will make his or her determination and communicate the determination to the customer in writing. H. If the customer is not satisfied with the findings of the city manager, the customer may appeal to the city council. The appeal must be submitted in writing to the city clerk, together with the reasons for the dispute within ten days following mailing of the city manager's determination. In the absence of a timely filed appeal, the city manager's determination will be final. Upon receipt of a timely appeal the matter will be reviewed by the city council within 45 fie—days of receipt. A written decision of the city council shall be�delivered,to the customer by personal delivery or certified mail within 15 Afteen days following4he appeal hearing. (Code 1950, § 3.46.110; Ord. No. 736, § 2(exh. l(part)), 20044))x, Sec. 3.46.120. Discontinuance and restoration oo^ffsservice. A. Pastir de bills. Electric bills, including service an d penalty charges, are due and payable upon deposit by utility in the U.S. mail ("date�bille"d"), and shall be delinquent 19 men calendar days after the that date. Upon delinquency, the utility shall mail a second billing in the form of a delinquent notice. Servicefm�Aee diisontinued if the bill is not paid within the time required by such notice. B. Nonpayment of billn 1. All delinquent accunppaid at the close of business on the 24th twenty four +i calendar day after the date billed shall have electric service discontinued on the 26th twenty sixty day after said date without further notice. Any customer who contests a bill and has initiated a complaint or requested an investigation within five days of receiving said bill shall not' have service discontinued for nonpayment during the pendency of an investigation by the utility of such customer's dispute or complaint, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing period. Services shall not be discontinued for nonpayment for any customer complying with an amortization agreement entered into with the utility, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing period. If a customer fails to comply with an amortization agreement, the utility will give a seven-day discontinuance of service notice before discontinuing service, but such notice shall not entitle the customer to further investigation by the utility. 2. If a customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment. 3. Under no circumstances may service be discontinued for nonpayment of a bill to correct previously billed incorrect charges for a period in excess of the preceding three months, Page 103 of 496 unless such incorrect charges have resulted from the customer not abiding by the tariff schedules. 4. On any Saturday, Sunday, legal holiday recognized by the utility, or at any time during which the business office of the utility is not open to the public, service will not be discontinued by reason of delinquency in payment for utility services. C. Unsafe equipment. The utility may refuse or discontinue service to a customer if any part of the customer's wiring or other equipment, or the use thereof, shall be determined by the utility to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or if any condition existing upon the customer's premises shall be thus determined to endanger the utility's facilities, until it shall have been put in a safe condition or the violation remedied. The utility does not assume any responsibility for inspecting or repairing the customer's wiring or other equipment or any part thereof and assumes no liability therefor. D. Seroi.ce detrimental to other ciistorners. The utility will not provide service to any premises, the operation of which will be detrimental to the service of the .utility or its other customers, and will discontinue electric service to any customer after having been given notice by the utility to cease so doing. E. Fraud. The utility may refuse or discontinue service if the acts of the customer or the conditions upon the customer's premises are such as to indicate -any intent to defraud the utility. A fee will be collected for the investigation of acts of fraud and/or diversion. F. Failure to establish or re-establish credit. If o _l n apg lcal nt's convenience, the utility should provide service before credit is established,or-should continue service to a customer when credit has not been re-established in accordancef with section 3.46.070, and the customer fails to establish or re-establish credit, the utility may\discontinue service. G. Noncompliance. Except as otherwise specifically provided in this section, the utility may discontinue service to a customer for noncompliance with tariff schedules if, after written notice of at least five days, the customer has,not compliedwiththe notice. The utility may dispense with the giving of such notice in the event �there exists in the utility's opinion a dangerous condition, thus rendering the immediate discontinuance of service to the premises imperative. H. Customers regrrest.for ser•u�di.scon.tin,tran.ce. When a customer desires to terminate responsibility for service, the cu9tomer shall give the utility not less than two business days' notice of this intention, state the date onIwhich the customer wishes the termination to become effective, provide access to the meter and provide the utility with the address to which the closing bill should be mailed. In the event access is not provided, the customer discontinuing service shall 'be held liable for all consumption until access is provided. A field visit service charge will be assessed for each ,additional trip (after original attempt to turn service, off) required to complete the turn-off request. A customer may be held responsible for all service furnished at the premises until two business days after receipt of such notice by the utility or until the date of termination specified in the notice, whichever date is later. I. Restoration; recon.n.ection. charge. 1. The utility will require payment of all past due bills, applicable service reconnection charges, and deposit before restoring service that has been disconnected for nonpayment of bills or for failure otherwise to comply with tariff schedules. If services have been illegally restored or damaged due to tampering, the customer must pay all damage charges prior to recommendation. The customer and/or beneficiary of service are responsible for all damage charges whether or not service is reconnected. Rage 104 of 496 2. If it is necessary to verify funds prior to reconnect, an additional fund verification fee may be assessed. If funds can not be verified, the utility may require secured funds prior to reconnect. If service is terminated, or if a notice of discontinuance has been given, the utility will require the customer to pay a deposit or an additional deposit equal to an estimated average three-month bill. ,.,__All reconnect service charges are cumulative and each trip to the premises will incur additional charges. In the event anyone has turned on the electric service after it has been turned off for any of the above reasons, there shall be a charge in addition to other amounts due from the customer before service is restored. §_.If the meter is removed, a service charge will be billed in addition to other amounts due. An inspection will be required at the customer's expense (prior to re -installation of meter). 7. If service has been terminated by an electric crew at the overhead or underground, there will be an additional service charge prior to restoring Ike service. J. Unsafe environment. If the customer A anyone on the premises inflicts violence, as defined in section 3.46.020, or threens with esent ability to inflict violence upon an employee of the utility or its subcontractors, the util twfnay discontinue service to a customer after written notice of at least five days. discontinuance of service may be avoided if the customer agrees to meet with the utilities admrative resource manager and/or law enforcement and the customer agrees to cease from any act of vioJence. K. Discontinuance for use o electricity without application. 1. When a new occupant who has not applied for electric service takes possession of premises and finds the electric service turned on, the occupant shall notify the utility of such, findings within one working day. , 2. In the event the occupant turns on the electric service, or fails to notify the utility of finding the electric service turned on within one working day of occupancy, the occupancy will be billed for consumption back to the move -in date and owner shall be billed for any unresolved usage. If the premises are unoccupied, or the utility has not been notified of a new tenant by the owner, property manager, occupant or other representative of the owner, and electric service is in use, the owner of the property shall be held responsible for payment of the bill. It is the responsibility of the owner to verify that the utility service has been transferred into the name of the new occupant and to settle disputes of responsibility between the occupant and the owner. 3 _In the event that the occupant is charged for usage where the amount charged will be determined by the utility, the amount billed will be based upon either the meter reading Page 105 of 446 or on the basis of the estimated consumption for the length of time service was received by the occupant without proper application. 4. When the utility finds that electricity is being used without proper application, the utility may terminate the service without further notice. Any amount due in excess of the amount billed to the occupant shall be billed to the owner. 5. Only authorized utility personnel are permitted to turn the service on at the meter. If the occupant restores electric service, a self-restoral service fee may be imposed. (Code 1980, § 3.46.120; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.130. Rates and optional rates. A. Effectilve rates. The rates charged by the utility for electric service are those on file with the utility's utilities administrative resources manager and are legally in effect. A copy of complete tariff schedules, as filed with the utilities administrative resources manager, shall be maintained for public inspection at the office of the utility. B. Optioaral rates. 1. Where there are two or more rate schedules, rates or optional provisions applicable to the class of service requested by the applicant, the utility will call the applicant's attention, at the time application is made, to the several Asch Jules, and the applicant must designate which rate schedule, rate, or optional provision thle customer desires. When the customer notifies the utility of any material Chang i to he size, character, or extent of utilizing equipment or operations, in accordance with section 3.46.040C, the utility will, within a reasonable time, advise the�cust mer of the resulting rate options. In the absence of the notification provided for in s ction 3.46.040C, the utility assumes no responsibility for advising the cuser.of,lower optional rates under other existing schedules, rates or optional provisions available as a result of the customer's changes in equipment or operations. 2. When an applicant for newice has applied for service under a mutually agreed upon rate schedule, the raterschedule`_will remain in effect for a minimum of three billing periods to determine the accuracy of the application of the rate. Y C. New or revisedra s. Should new or revised rates be established after the time application is made, the utility\will, within a reasonable time, use such means as may be practicable to bring them to the attention of those of its customers who may be affected thereby. D. Change of rate schedule. 1. A change to another applicable rate schedule, rate or optional provision will be made only where the customer elects to make such change, or where in the opinion of the utility, another rate schedule is more applicable. 2. Should a customer so elect, the change will be made, provided: a. A change has not been made effective during the past 12 -month period; b. The change is made to, or from, a new or revised rate schedule; C. There has been a change in the customer's operating conditions for that service which, in the opinion of the utility, justifies the change; d. The change is not made more often than once in 12 twelvemonthswhere service is being supplied under a schedule containing an annual fixed charge or an annual minimum charge; and e. The customer has made the request by written notice to the utility. Page 106 of 496 3. The change will become effective for the billing period during which the customer has requested the change and is not subject to a retroactive adjustment, except when such change is the result of a utility error, in accordance with section 3.46.180. E. Power cost adJustment. factor (PCAF). The PCAF is a charge per kWh which is used: l04To adjust the utility's electric rates for the actual cost of purchasing and generating electric power and energy to service the utility's customers; and 2.(-*Tominimize fluctuations in rates. 3. The energy charge per kWh in each rate schedule recovers the costs of purchasing and delivering power and energy from all suppliers of power and energy, other suppliers, and the cost of power from the utility's owned generating resources. The PCAF will reflect all changes in energy costs, including the following: 4-a. Changes in any component of the wholesale rate; 4, b. Changes in transmission and wheeling payments; 3- C. Changes in scheduling and dispatching payments; d. Changes in contract incremental costs; e. Changes in economy energy purchases; G f. Changes in take -or -pay obligations.' 4. The PCAF as set forth in the tariff schedule shall�be applied to kWh sold on and after the effective date, as also set forth below, and continuing thereafter until a new PCAF becomes effective, The amount to be added to�or subtracted from each bill due to the PCAF shall be calculated by multiplying they number of kWh for which the bill is rendered by the applicable PCAF. T eh ,P1CAFIvhich may be either positive or negative, will be reviewed and revised quarterly to reflect actual changes in excess of plus or minus ten percent of the amount,stated in the energy charge included in the tariff schedule. The city councils all have responsibility for establishing the PCAF and its effective date. F. Change o law adjusta t� ' IAF . Change in law means any modification g f J f ,( ) g �change, revision or adoption of: {4}1.Any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination by any court, regulatory agency or governmental authority of competent jurisdiction; or {-* Any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory d6termination, or interpretation thereof, which has bden adopted, enacted, released or promulgated, which results in either partial or wholly new or different application of a pre-existing law. The CLAF is a charge or credit per kWh which is used to adjust the utility's electric rates for the impact of changes in law that would materially change the utility's revenue or expenses. The CLAF as set forth in the tariff schedule shall be applied to each kWh sold on and after the effective date, or also set forth below, and continuing thereafter until a new CLAF becomes effective. The amount to be added to or subtracted from each bill due to the CLAF shall be calculated by multiplying the number of kWh for which the bill is rendered by the applicable CLAF. The CLAF, which may be either positive or negative, will be reviewed and revised quarterly to reflect actual changes in excess of a plus or minus ten percent of the amount stated in the tariff schedule. The city council shall have the responsibility for establishing the CLAF and its effective date. Page 107 of 496 G. Applicability. Unless otherwise stated in the rate schedule, the rate schedules of the utility are applicable only for service supplied entirely by the utility. H. Definitions for this sectionS. 46.43v. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning - Billing dernand means the kilowatts of maximum demand, determined to the nearest kW. The demand charge shall include the following billing components: The time -related component shall he for the kilowatts of maximum demand recorded during (or established for) the monthly billing period, the facilities -related component shall be for the greater of the kilowatts of maximum demand recorded during (or established for) the monthly billing period or 50 fifty—percent of the highest maximum demand established in the preceding 11 eleven� months (ratcheted demand). However, when the utility determines the customer's meter will record little or no energy use for extended periods of time or when the customer's meter has not recorded a maximum demand in the preceding 11 eleven months, the facilities -related component of the demand charge may be established at 50 fifty --percent of the customer's connected load. Excess transformer capacity means the amount of transformer capacity requested by a customer in excess of that which the utility would norm lly install to serve the customer's maximum demand. Maxinirr.rn dernand. Maximum demands shaAbe established for the on -peak, mid -peak, and off-peak periods. The maximum demand for -each period shall be the measured maximum average kilowatt input indicated or recorded byinstruments, during any 15•mmute metered interval, but, where applicable, not less than the diversified resistance welder load computed in accordance with the section designated'\"' lderXservice" in section 3.46.030I. Where the demand is intermittent or subject to Violent f�uctuations, a five-minute interval may be used. Poruer factor adjustment. When the maximum demand is expected or has exceeded 200 tilve hundFed kW for three consecutive months, kilovar metering will be installed as soon as practical, and, thereafter, unttil-th!ezmaximum demand has been less than 150 ^n -pe hun-d -ke- f'ift-Y kW for 12 twelve -cons ce utive months, the billing will be increased each month for power factor for service meteredand delivered at the applicable voltage level, based on the per kilovar of maximum reactive_ demand imposed on the utility. The reactive demand will be determined as follows: 4-A. For customers with metering used for billing that measures reactive demand. The maximum reactive demand shall be the highest measured maximum average kilovar demand indicated or recorded by metering during any 15 -minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the meter. 2-B. For customers with metering used for billing that measures kilovar-hours instead of reactive demand. The kilovars of reactive demand shall be calculated by multiplying the kilowatts of measured maximum demand by the ratio of the kilovar-hours to the kilowatt hours. Demands in kilowatts and kilovars shall be determined to the nearest unit. A ratchet device will be installed on the kilovar-hour meter to prevent its reverse operation on leading power factors. Suninter season shall commence at 12:00 midnight twelVe. A M on June lst and continue until 12.00 midnight +. TPIVA A M , on October'lst of each year. A pro rata computation will be made for seasonal billing purposes. Page 108 of 496 Temporary discontinitance service. Where the use of energy is seasonal or intermittent, no adjustments will be made for a temporary discontinuance of service. Any customer, prior to resuming service within 12 twelve months after such service was discontinued, will be. required to pay all charges which would have been billed if service had not been discontinued. Tinte period means and includes: On -Peak 12:00 noon to 6:00 si*-p.m. summer weekdays except holidays Mid -Peak 8:00 Eight a.m. to 12:00 noon and 6:00 si�p.m. to 11:00 eleve-m-p.m. summer weekdays except holidays; 8:00 eig4i�am�"_to 9:00 nine p1m. winter�weekdays except,holidays, Off -Peak I AiLother, hours Winter season shall commence at 12:00 midnight ��:.ti.. M on October 1st of each year and continue until 12:00 midnight 1st of the following year. A pro rata computation will be made for seasonal `billing,purposes. (Code 1980, § 3.46.130; Ord. No. 736;-2(exh-l(part)), 2004) Sec. 3.46.140. Temporary service. A. Establishnr.ent of tempo ar s'eruice. The utility shall, if no undue hardship to its existing customers will result there from�f�rnish�temporary service under the following conditions: 1. The applicant shall pay`n'advance or otherwise as required by the utility, the estimated cost installed, plus the estimated cost of removal, less the estimated salvage of the facilities necessary for furnishing service. 2. The applicant shall establish credit as required by section 3.46.070, except that the amount of deposit prescribed in section 3.46.080 shall not exceed the estimated bill for the duration of service. B. Applicant design. Applicant may elect to use the applicant design option to design that portion of the temporary facilities normally designed by the utility in accordance with the same applicant design provisions outlined in section 3.46.160, except that all charges and refunds shall be made under the provisions of the rule. C. Change to perni.anen.t, status. A customer will retain temporary status as long as the utility deems the facilities to be speculative in character, of questionable permanency, or where it is known in advance that service will be of limited duration. 2. If at any time the character of a temporary customer's operations changes so that in the opinion of the utility the customer may be classified as permanent, the amount of Page 109 of 496 payment made in excess of that required for permanent service immediately shall be refunded to the customer in accordance with subsection D of this section following. D. Refunds. The amount of refund upon reclassification of a customer from temporary to permanent will be made on the basis of the extension rule in effect at the time temporary service is reclassified to permanent. (Code 1980, § 3.46.140; Ord. No. 736, § 2(exh. 1(part)), 2004) See. 3.46.150. Shortage of supply and interruption of delivery. A. Sliortages and i.n.tez•r-ztpt.iott.s. 1. The utility will exercise reasonable diligence to furnish/deliver a continuous and sufficient supply of electricity to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom from interruption, and shall not be liable for interruptions, shortage or insufficiency of supply, or any resultant loss or damage. 2. Whenever, in the operation of the utility's electric plants, properties, and/or systems, interruption in the delivery of electricity to customers results from or is occasioned by causes other than the exercise by the utility of its right to suspend temporarily the delivery of electricity for the purpose of making repairs -or improvements to its system, notice of any such interruption will not be given to the c stomers of the utility, but the utility will exercise reasonable diligence to reinstate,delivery of electricity. B. Tenzporm,y suspension for repairs. , 1. The utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall havethe right to suspend temporarily the delivery of electricity. In all cases, to the extent circumstances so allow, reasonable notice will be given to the customer. Such re%pairs or improvements will be made as rapidly as practicable, consistent with prudent utility practices. To the extent practicable and consistent with prudent utility pract ci es, the utility will minimize the inconvenience to its customers. � 2. When it is necessa�7to suspend temporarily the delivery of electricity for repairs or improvements to the system in accordance with subsection B.l of this section, and the customer requests thaKsuch suspension of service occur at other than during normal utility working hours, the utility reserves the right to receive, in advance, the total estimated labor -related costs to be incurred by the utility for performing the work during non -regular utility work hours. The customer shall also pay any additional cost actually incurred in excess of the estimated costs.. C. Apportionment of supply during tint.e of shortage. Should a shortage of supply ever occur, the utility will apportion its available supply of electricity among its customers as authorized or directed by- the utility in. the manner determined at the utilities administrative resources manager's discretion, to be equitable and without discrimination under prevailing conditions, except that preference shall be given to service essential to the public interest and to the preservation of life and health. The decision of the utilities administrative resources manager or his or her designee shall be final in such matters. D. Limited service device. A limited supply of electricity may be provided iri accordance with section 3.46.1201 where a limited service device is installed. (Code 1980, § 3.46.150; Ord. No. 736, § 2(exh. l(part)), 2004) Page 110 of 496 Sec. 3.46.160. Line extensions. Applicability, This rule is applicable to extension of electric distribution lines of the utility's standard voltages (less than 15 Uteep kV) necessary to furnish permanent electric service to applicants and will be made in accordance with the following provisions: A. General. Distribution. line extension basis. a. Design. The utility will be responsible for planning, designing, and engineering distribution line extensions using the utility's standards for material, design, and construction. Applicant may elect to design that portion of the new distribution line extension normally designed by the utility in accordance with the applicant design provisions bf this rule. b. Ownershil). The distribution line extension facilities installed under the provisions of this rule, shall be owned, 'operated, and maintained by the utility, except for substructures and enclosures that are on, under, within or part of a building or structure. C. Private 111nes. The utility shall not be required to serve any applicant from distribution line extension facilities thatarenot owned, operated, and maintained by the utility. 2. Distribution line extension locati0715. a. Utility mainterr.ance of line extension'fa&lit.ies. The utility will own, operate and maintain distribution line exten sion facilities only: (1) Along public streets; alleys roads highways and other publicly dedicated ways and places which the�utili q has the legal right to occupy; and (2) On public lands �`nd pr ate property across which rights-of-way and permits satin actor�to-the utility may be obtained without cost to or condemnation by -the -utility. b. Normal rottle of 1l ae.. The length and normal route of a distribution line extension will,be determined by the utility and considered as the distance along the shortest, most practical, available, and acceptable route which is clear of obstructions from the utility's nearest permanent and available distribution facility to the point from. which the service facilities will be connected. 3. Underground distribution line extensions. a. Underground required. The utility, by authority. of the city council, has declared itself an underground utility. Consistent with this declaration, underground distribution line extensions shall be installed where required to comply with applicable laws and ordinances of the city efRaneho r•.,,., -,,,,ng and where the utility maintains or desires to maintain underground distribution facilities. For example, underground distribution line extensions are required for all new: (1) Commercial developments; (2) Industrial developments; and (3) Locations that are in proximity to and visible from designated scenic areas. The requirements to underground lines set forth in this subsection ugh -shall not apply where it is impractical to build underground lines, as determined by the utility, and approved by the utilities administrative resources manager. Page 111 of 496 b_ Underground optional. When requested by applicant and agreed upon by the utility, underground distribution line extensions may be installed in areas where it is not required, as provided in subsection A.3.a of this section. 4. Overhead dist.r•i.bct.t.i.on line extensions. Overhead distribution line extensions may be installed only where underground extensions are not required as provided in subsection A.3.a of this section. 5. Special or added facilities. Any special or added facilities the utility agrees to install at the request of the applicant will be installed at the applicant's expense in accordance with section 3.46.030. 6. Temporary service. Facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this section and the provisions of section 3.46.140. 7. Services. Service facilities connected to the distribution lines to serve an applicant's premises will be installed, owned and maintained as provided in section 3.46.150. 8. Street lights. Street lights and appurtenant facilities shall be installed in accordance with the service provisions of the applicable streetlight schedule. 9. Contracts. Each applicant requesting a distribution line extension may be required to execute a written contract{-4prior,to the utility performing its work on the distribution line extension. B. Installation responsibilities. 1. Underground distrabrtt.ioa brie extelrsiolr.s. a. Responsibility of apphcant., In accordance with the utility's design, specifications, and requirements, applicant is responsible for: (1) Design.. Designing -,and engineering of the applicant's electric distribution facilities to serve the- evelopment in accordance with city's design standards; (2) Excavati n All ne scary trenching, backfilling, compacting and furnishing of imported or,suitable natural backfill material as required and proper disposal of trench spoil as required and other digging as required; (3) Substructure all conduit. Furnishing, installing, and upon acceptance by the utility, conveying to -the utility ownership of all necessary installed substructures, conduits and pull and service boxes, transformer pads, including feeder conduits and related substructures required to extend to and within subdivisions and developments; and (4) Pr•otect.ive structures. Furnishing, installing and, upon acceptance by the utility, conveying to the utility ownership of all necessary protective structures. b. Utility responsibility. The utility's ponsibility is to provide inspection service to verify the applicant's performance and to furnish and install cables, switches, transformers, and other distribution facilities required to complete the distribution line extension. 2. Overhead distribut,iorr line extensions. The utility is responsible for furnishing_ and installing all facilities required for the distribution pole line extension. 3. Installation. ophorts. Page 112 of 496 a. Utilaty-performed work. Where requested by applicant and mutually agreed upon, the utility may perform that portion of the new distribution line extension work normally installed by applicant according to subsection B.La of this section, provided applicant pays the utility its total estimated installed cost. b. Applicant-perfortned work. The applicant may elect to install that portion of the new distribution line extension normally installed by the utility in accordance with the utility's design and specifications, using qualified contractors (see subsection D of this section, applicant installation options). C. Contribrttions or payments by applicant. 1. General. Contributions or payments by an applicant to the utility for the installation of a distribution line extension to receive utility service consist of such things as cash payments, the value of facilities deeded to the utility, and the value of excavation performed by applicant. 2. Project -specific cost. esti,niates. The utility's total estimated installed cost will be based on a project -specific estimated cost. 3. Paynten.t.. The applicant shall contribute or pay, before the start of the utility's construction, the following: a. Es.fbr.ated uatue of excavation. etc. The �utiility's estimated value of excavation, conduits, and protective structures required fby the{utility for the distribution line extension under subsection B. La of this section. b. Underground seruice. (1) Cabling. The estimated installed cost of any necessary cabling, including distribution transformers, installed=by the utility to complete the underground distribution line extension. Nis includes the cost of conversion of existing single-phase lines to three,, phase lines, if required; plus (2) Substructures.fThe utility's estimated value of substructures installed by the applicant and -deeded -to the utility as required; and C. Ouerh.ead service: (1) Pole hne. All necessary facilities required for an overhead distribution pole line extension and, if required, the conversion of existing single-phase lines to three- phase lines; and d. Added facilities. (1) After final design of - the distribution facilities, the utility will notify the applicant of the estimated cost of any extra facilities or special requirements to be done at the applicant's request. Extraordinary facilities or service provisions will be handled under section 3.46.030, description of electric service. 5. Joint applicants. The total contribution or advance from a group of applicants will be apportioned among the members of the group in such manner as they may mutually agree. 6. Payment adju.stnteuts. a. Total refundable amount. if the loads provided by the applicant result in the utility having installed facilities which are in excess of those needed to serve the actual loads, and the utility elects to reduce such excess facilities, the applicant shall pay the utility its estimated total costs to remove, abandon, or replace the excess facilities, less the estimated salvage of any removed facilities. Page 113 of 496 b. Reinsburserri.ent. If, within five je=years of the date on which the city begins deliverina electricity, to the applicant. the distribution line extension is used by the city to serve new customer loads, the city will charge to the new customer and refund to the applicant a_portion of the distribution line extension costs previously paid by the applicant pursuant to a reimbursement agreement between the applicant and the city. This refund amount shall be determined by the city. in its §ole discretion, and shall reflect the new customer's proportional cost responsibility for the distribution line extension, taking into consideration each customers existing and/or forecast Ioad, rate class, and location. In the event that any additional customer subsequently initiates service that is provided using the distribution line extension within the same five-year period, the city will similarly determine the .additional customer's proportional cost responsibility for the distribution line extension and provide a refund to the customers that have previously contributed to cover_ the cost of the distribution line extension. D. Applicant design option for new installations; competitive bid1jing. When the applicant selects competitive bidding, the distribution line extension may be designed by the applicant's qualified contractor or sub -contractor in accordance with the utility's design and construction standards. All applicant design work of electric facilities be performed by or under the direction of a licensed professional engineer and all design itted to the utility must be certified by an appropriately licensed professional engine&r, consis with the applicable federal, state and local, including the city ef Ranehe Cueameaga a nd ordinances. The applicant design option is available to the applicant for ne ervic and is not available for replacement, reinforcement, or relocation of existing systems,fere ther no applicant for new line or service extension work. Under this option, the followinglies: 1. Applicant shall not' the utili anner ce table to the utility. PF �y ty, F 2. Applicant designs shall confo to all 4plicable federal, state and local, including the citye d o inances for utility installations design (such as, but not limited to the Bus ess and Professions Code). 3. The utility mayre 1c t designers to meet the utility's prequalifrcation requirements pno icip g in applicant design. 4. Applicant designers obtain utility design and construction standards and specifications prior to p orming applicant design. The utility may charge for any of these services. 5. The utility will plan check the applicant design project at applicant's expense. 6. The utility shall perform all the utility's project accounting and cost estimating. E. Applicant installation options. 1. Competitive bidding. Under competitive bidding, the distribution line extension may be installed by applicant's qualified contractor or sub -contractor in accordance with the utility's design and specifications. Under this option, the following applies: a. Upon acceptance by the utility, ownership of all such facilities will transfer to the utility. b. Applicant shall pay to the utility any utility costs associated with the distribution line extension, including the estimated costs of design, administration, and installation of any additional facilities and labor necessary to complete the distribution line extension. Page 114 of 496 e. TJI& applicant shall pay to the utility, as a nonrefundable amount, the cost of inspection. d. Only duly authorized employees of the utility are allowed to connect to, disconnect from, or perform any work upon the utility's facilities. 2. Minimum contractor qualifications. Applicant's contractor or subcontractor (QC/S) shall: a. Be licensed in the state QAhfAmii*-for the appropriate type of work (electrical and general, etc.). b. Employ workmen properly qualified for specific skills required (qualified electrical worker, qualified person, etc_) as defined in e#ate-of California High Voltage Safety Orders (Title 8, Chapter 4, Subchapter 5, Group 2). c. Comply with applicable laws (Equal Opportunity Regulations, OSHA, EPA, etc.). 3. Other contractor qualifications. An applicant for service who intends to employ a QC/S also should consider whether the QC/S: a. Is technically competent. b. Has access to proper equipment. C. Demonstrates financial responsibility commen th the scope of the contract. d. Has adequate insurance coverage (w ` e 's m neation, liability, property damage, etc.). e. Is able to furnish a surety bond for n the contract, if required. F. Special conditions. 1. Facility relocation or rearrange n . ation or rearrangement of the utility's existing facilities, at the requ t of, to meet the convenience of an applicant or customer, and agreed upon uti ' y, normally shall be performed by the utility. Where new facilities can a nst din a separate location, before abandonment or removal of any existing facihties,;&td applicant requests to perform the new construction work, it can be perfoeft , under,the applicable provisions of subsection E of this section, applicant installs Natpption nsn all instances, the utility shall abandon or remove its existing facilities of the utility. The applicant or customer shall be responsible for theall related relocation, rearrangement and removal work. 2. Exceptional cases. When the application of this rule appears impractical or unjust to either party or the ratepayers, the utility or applicant may refer the matter to the utilities administrative resources manager of the utility for a special ruling or for special conditions, which may be mutually agreed upon. ' IX . Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section. excerpt where the context clearly indicates a different meaning_ Applicant means a person or agency requesting the utility to deliver/supply electric service. Betterment means facilities installed by applicant at the request of the utility in addition to those required under subsection B. La of this section. Cabling means conductors, including cable -in -conduit, if used, connectors, switches, as required by the utility for primary, secondary, and service installations. Page 115 of 496 Conuniercial development means two or more enterprises engaged in trade or the furnishing of services, (e.g., shopping centers, sales enterprises, business offices, professional offices, and educational or governmental complexes) located on a single parcel or on two or more contiguous parcels of land. Conduit means ducts, pipes or tubes of certain metals, plastics and other materials acceptable to the utility, including pull wires and concrete encasement where required, for the installation and protection of electric wires or cables. Contribution means in-kind services and the value of all property conveyed to the utility at any time during the utility's work on an extension which is part of the utility's total estimated installed cost of its facilities, or cash payments not covered by applicant's allowances. Distribution. line extension means a new distribution facility of the utility that is a continuation of, or branches from, the nearest available existing permanent distribution line, including any facility rearrangements and relocations necessary to accommodate the distribution line extension, to the point of connection of the last service. The utility's distribution line extension includes converting an existing single-phase line to three-phase in order to furnish three-phase service to an applicant, but excludes service transformers, meters and services. Distribution' lines mean overhead and undergroLlnd facilities which are operated at distribution voltages, and which are designed to st pi ply.,two ormore ore services. Distribu.trora trench, footage means the total:tr nch footage used for calculating cabling costs. It is determined by adding the total(length�of all new and existing trenching for the installation of underground primary and secondary }distribution lines designed to supply two or more services, excluding service trench f otageTunder section 3.46.170. Excavation means all necessary trenching, backfilling, and other digging to install distribution line extension facilities,' including furnishing of any imported backfill material and disposal of spoil as required,, surface repair and replacement, landscape repair and replacement. � Feeder conduit mea" `conduit'for such uses as part of a backbone system to provide for future -anticipated load growth outside the subdivision involved, to provide for future - anticipated load growth in\the existing subdivision and the existing subdivisions in close proximity, to balance loads between substations, to interconnect the service to the subdivision with service to subsequent developments outside the subdivision, and to provide the flexibility and versatility of modifying or supplying emergency backup power to the area involved. In proxi.naly to shall -means within 1,00'0 one thousand -feet from each edge of the right-of- way of designated scenic highways and from the boundaries of designated parks and scenic areas. Industrial deueloprrten.t means two or more enterprises engaged in a process which creates a product or changes material into another form or product and located on a single parcel or on two or more contiguous parcels of land. Insignificant loads means small operating loads such as gate openers, valve controls, clocks, timing devices, file protection equipment, alarm devices, etc. Intervnittent loads means loads which, in the opinion of the utility, are subject to discontinuance for a time or at intervals. Pcrynren.t means cash payment made to the utility prior to the initiation of any work done by the utility which is not covered by allowances. Page 116 of 496 Permanent, service means. service which, in the opinion of the utility, is of a permanent and established character. This may be continuous, intermittent, or seasonal in nature. Pole lure means poles, cross -arms, insulators, conductors, switches, guy -wires, and other related equipment used in the construction of an electric overhead line. Protechue structures means fences, retaining walls (in lieu of grading), sound barriers, posts, or barricades and other structures as required by the utility to protect distribution equipment. Scenic areas means an area such as a scenic highway, a state or national park or other area determined by a governmental agency to be of unusual scenic interest to the general public. Scenic highways are officially designated under the California Scenic Highway Program established pursuant to Paragraph 320 of the Public Utilities Code LM. State or national parks or other areas of unusual scenic interest to the general public are determined by the appropriate governmental agency. Seasonal service means electric service to establishments which are occupied seasonally or intermittently, such as seasonal resorts, cottages, or other part-time establishments. Substructures means the surface and subsurface structures which are necessary to contain or support the utility's electric facilities. This (inc i ,ems,but is not Iimited to, such things as splice boxes, pull boxes, equipment vaults and enclosures, foundations or pads for surface -mounted equipment. 71-en.ching. See Excavatr:orr.. Visible front shall means that overheadfdistrib4tion7facilities could be seen by motorists Ik or pedestrians traveling along scenic highways or visiting parks or scenic areas. (Code 1980, § 3.46.160; Ord. No. 736, § 2(gx`h 1 &t ); 2004) Sec. 3.46.170. Service extensions. A. Applicability. This rule is -applicable to'both: 1. Utility service facilitiesthat \exfend from the utility's distribution line facilities to the 9 service delivery point- \y Service related equipment required of the applicant on the applicants premises to receive electric service. A -B. General. 1. Design. The utility will be responsible for planning, designing and engineering service extensions using the utility's standards for design, materials and construction. Applicant may elect to design that portion of the new service extension normally designed by the utility in accordance with the applicant design provisions of section 3.46.160. 2. Ser•i;ice focalities. The utility's service facilities shall consist of: a. Primary or secondary underground or overhead service conductors; b. Poles to support overhead service conductors; C. Service transformers; d. Utility -owned metering equipment; and e. Other utility -owned service related equipment. 3. Ownership of facilities. Service facilities installed under the provisions of this rule shall be owned, operated, and maintained by the utility if they are: Page 117 of 496 a. Located in the street, road or a public right-of-way area; b. Installed by the utility under subsection D.2 of this section on the applicant's premises for the purpose of the delivery of electric energy to applicant; or C. Installed by applicant under the provisions of this rule, and conveyed to the utility. 4. Private lures. The utility shall not be required to connect service facilities to or serve any applicant from electric facilities that are not owned, operated, and maintained by the utility. 5. Special or added facilities. Any special or added facilities the utility installs at the request of applicant will be installed at the applicant's expense in accordance with section 3.46.030. 6. Temporary ser•t,,i.ce facilities. Service facilities installed for temporary service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule, except that all charges and refunds shall be made under the provisions of section 3.46.140. 7. Street lights. Street light services and appurtenant, facilities shall be installed in ff accordance with the service provisions of the applicable -street light schedule. 8. Contracts. Each applicant requesting service�ay be equired to execute a written contract prior to the utility �� �� {s) p y performin its work to establish service. Such contract g shall be in the form provided by the utility --or otherwise acceptable and approved by the utility. This contract shall specify the s{ ze of1he service connection desired, the property to be served and the purpose for which the electricity is to be used. The information supplied by the applicant shall be=considered as authoritative and final. If any error in the application causes the installation of a service connection that is improper either in type, size or location, the cost of all changes required shall be paid by the applicant. 9. Distribution line exten.sion.. Whenever -the utility's distribution system is not complete to � \ x the point designated by the.utilityJ,vhere the service extension is to be connected to the utility's distributionstem�the �y. extension of distribution line facilities will be installed in accordance with section 3.46160. Z 10. Rights-of-way. Rights 6C'way or easements may be required by the service facilities on applicant's property to serve only the applicant. a. Service facilities. If the service facilities must cross property owned by a third party to serve the applicant, the utility may, at its option, install such service facilities after appropriate rights-of-way or easements, satisfactory to the utility, are obtained without cost to the utility. b. DistrIbution 11ne extensions. If the utility's facilities installed on the applicant's property, or third -party property, will be or are designed to serve adjacent property, then the utility may, at its option, install its facilities under section 3.46.160, after appropriate rights-of-way or easements, satisfactory to the utility, are obtained without cost to the utility. C. Clearances. Any necessary rights-of-way or easements for the utility's facilities shall have provisions to maintain legal clearances from adjacent structures. d. Reasonable care to prevent; danr.age. The customer shall exercise reasonable care to prevent the facilities of the utility upon the premises from being damaged or destroyed, and shall not relocate or otherwise interfere with them, and, if any defect is discovered, shall promptly notify the utility. Page 118 of 496 11. Access to applicant's premises. The utility shall, at all times, have the right to enter and leave the applicant's premises for any purpose connected with the furnishing of electric service (meter reading, inspection, testing, routine repairs, replacement, maintenance, emergency work, etc.) and the exercise of any and all rights secured to it by law, under the utility's tariff schedules. These rights include, but are not limited to: a. The use of a utility -approved locking device, if thg applicant desires to prevent unauthorized access to the utility's facilities; b. Safe and ready access for utility personnel free from unrestrained animals; C. Unobstructed ready access for the utility's vehicles and equipment to install, remove, repair, or maintain its facilities; d. Removal of any and all of its property installed on the applicant's premises after the termination of service. 12. Service connections. Only personnel duly authorized by the utility are allowed to connect or disconnect service conductors to or from the utility's distribution lines, remove meters, unless otherwise allowed pursuant to utility tariff schedules, remove utility -owned service facilities, or perform any work upon utility -ow d existing facilities. 13. Application m va e• utility not liable r ue to the long lead time for engineering, material acquisition, crew sche and onstruction, application for service must be made as far in advance asp bl eceipt of fees, service charges and deposits and clearance from the ins do gency having jurisdiction, the utility shall endeavor to complete within a son le . e the installation of the necessary facilities. However, the utility shall of be liabi le for any delays encountered in completing the installation. 14. Customer shall pay utility our me w necessaa. If, for any reason of the applicant, installation of a service canno a ac plished during standard working hours, the applicant shall pay in ad t ated cost of the utility overtime, to the extent that it exceeds any cost other charges. 15. Oblization v ut shall be obligated to provide facilities adequate to serve only the load init a ecifi and connected, regardless of the rating of the service equipment, service s h or breaker. Increased loads will be considered as new installations, and the c tomer shall pay the net cost of any changes required in the utility facilities and may be required to make specified changes in the service facilities or equipment to accommodate the increase load or the type of service to be supplied by the utility. AX. Metering facilities. 1. General. a. Meter all usage. Delivery of all electric power and energy will be metered, unless otherwise provided for by the utility's tariff schedules or by other applicable laws. b. Meter location. All meters and associated metering equipment shall be located at some protected location on applicant's premises as approved by the utility. 2. Number of meters. Normally only one meter will be installed for a single residential or nonresidential enterprise on a single premises, except: a. When otherwise required or allowed under the utility's tariff schedules; b. At the option of and as determined by the utility, for its operating convenience, consistent with its engineering design; Page 119 of 496 C. When required by law or local ordinance; or d. When additional services are granted by the utility. A single meter is required for each single enterprise operating in one building or group of buildings or other development on a single premises such as, but not limited to, a commercial business, school campus, industrial manufacturer, or recreational vehicle park, unless otherwise approved by the utility. 3. Multiple occupancy. In a building with two or more tenants, or where more than one meter is furnished on the same premises, the meters normally shall be grouped at one central location, or as otherwise specified by the utility, and each meter position or socket shall be clearly and permanently marked by applicant, customer, or owner of the premises to indicate the particular unit, occupancy, or load supplied by it. a. Residential or nonresidential. For revenue billing, electric service shall be individually metered to each tenant in a residential or nonresidential building or group of buildings or other development on a single premises with multiple tenants or enterprises (such as, but not limited to, an office building or shopping center complex). Alternative metering arrangements as determined by the utility may be allowed only as specified in section 3.46.190 an licable rate schedules. QD. Service extensions. 1. General location. The location of the service extension s extend: a. Public right-of-way area. From the oint of connection at the distribution line to the applicant's nearest property line utting- popany street, highway, road, or right- of-way, along which it already has, r will i tall, distribution facilities; and b. Private party. On private ppe along- he shortest, most practical and available route (clear of obstructions) s nece ary to reach a service delivery point designated by the utility. 2. Number of service extensions. a ut' 'ty will not normally provide more than one service extension, including ssoci$te ilities, either overhead or underground, for any one building or group of buildings; a single enterprise on a single premises, except: a. Tariff schedules. 'Where otherwise allowed or required under the utility's tariff schedules; b. Utility .convenience. At the option of and as determined by the utility, for its operating convenience, consistent with its engineering design for different voltage and phase classification, or when replacing an existing service; C. Ordinance. Where required by city -ordinance or other applicable law, for such things as fire pumps, fire alarm systems, etc.; or d. Other. The utility may charge for additional services provided under this subsection, as special or added facilities. 3. Underground installations. a. Underground service mandatory. Installation of electric service facilities for all new services shall be underground and installed according to applicable tariff schedules, laws, city ef Planehe Cueamengs ordinances, underground structure standards, and utility plans and specifications supplied for each specific installation. 4b. When requirement waived. The requirement of this section may be waived if technical or physical conditions make underground installation infeasible in the utility's judgment. Page 120 of 496 4. Overhead installations. a_ Overhead service extensions will be allowed only when underground service is not feasible in the utility's judgment as specified in subsection 4;D.3.b of this section. But, the customer may be required to provide utility -approved facilities to accommodate future conversion to underground service. b. The applicant shall provide a suitable location for the termination of the overhead service wires. The location of the termination is subject to approval of the utility and any inspection authority having jurisdiction and must meet all applicable codes. C. Overhead service wires shall, in all cases, he furnished and installed by the utility. The applicant shall install the service entrance conductors from the point of termination of the utility's service wires to the applicant's meter or switchgear lugs. 5. Un.usrral site conditions. In cases where the applicant's building is located a considerable distance from the available distribution line or where there is an obstruction or other deterrent obstacle or hazard such as plowed land, ditches, or inaccessible security areas between the utility's distribution line and the applicant's building or facility to be served that would prevent the utility from prudently installing, owning, and maintaining its service facilities, the utility may, at its discretion, waive the normal service delivery point location. In such cases, the service delivery point—will--be at such other location on applicant's property as may be mutually agreed upon; ' or, alternatively, the service delivery point may be located at or near the applicant's property line as close as practical to the available distribution line. 14-.E. Responsibilities for new service extension 1_ Applicant responsibility. In accordance with 'ihe utility's design, specifications, and requirements for the installation of service extensions, subject to the utility's inspection and approval, the applicant is responsible for: a. Service extensions. (1) Clear route. Prov di g :orlpaying for, a route on any private property that is clear of olbstructions�which would inhibit the construction of either underground or overhead' ice extensions. (2) Excavation_ All necessary trenching, backfilling, and other digging as required, including permit fees. (3) Conduits an(l substru.ctm-es. (a) Furnishing, installing, owning, and maintaining all conduits, including pull ropes, and substructures on the applicant's premises. (b) Installing, or paying for, any conduits and substructures in the utility's franchise area (or rights-of-way, if applicable) as necessary to install the service extension. (c) Conveying ownership to the utility upon its acceptance of those conduits and substructures not on the applicant's premises. (4) Protective struct.u.res. Furnishing, installing, owning, and maintaining all necessary protective structures as specified by the utility for utility's facilities on the applicant's premises. b. Applicant's facility design and operation.. The applicant shall be solely responsible to plan, design, install, own, maintain, and operate facilities and equipment beyond the service delivery point, except for utility -owned metering facilities, in order to Page 121 of 496 properly receive and utilize the type of electric service available from the utility. Refer to section 3.46.030 for a description, among other things, of: (1) Available service delivery voltages and the technical requirements and conditions to qualify for them; (2) Customer utilization voltages; (3) Load balancing requirements; (4) Requirements for installing electrical protective devices; (5) Loads that may cause service interference to others; and (6) Motor starting limitations. c. Required service equipin.en.t. The applicant shall, at his or her insole liability, risk, and expense, be responsible to furnish, install, own, maintain, inspect, and keep in good and safe condition, all facilities of any kind or character on the applicant's premises that are not the responsibility of the utility but are required by the utility for the applicant to receive service. Such facilities shall include, but are not limited to, the overhead or underground termination equipment, conduits, service entrance conductors from the service delivery point to the location of the utility's metering facilities, connectors, meter sockets, meters alnd-instrument. transformer housing, service switches, circuit breakers, fuses,lrelays, wire ways, metered conductors, machinery and apparatus of any kindor,, character Detailed information on the utility's service equipment requirements -will be furnished by the utility. d. Coordination of electrical protective clevices. When, as determined by the utility, the applicant's load is of sufficient size as to require coordination of response time characteristics between the applicant's -electrical protective devices (circuit breakers, fuses, relays, etc.) and thoseof the utility, it shall be the applicant's responsibility to provide such coordination in`accordance with section 3.46.020. e. Liability. The utility,,sh�l_ incur no liability whatsoever, for any damage, loss or injury occasioned -by: w\�� (1) Applicant=oned egquipment or the applicant's transmission and delivery of energy; or (2) The negligence, omission of proper protective devices, want of proper care, or wrongful act of the applicant, or any agents, employees, or. licensees of the applicant, on the part of the applicant in installing, maintaining, using, operating, or interfering with any such conductors, lines, machinery, or apparatus. f. Facility taniperin.g. The applicant shall provide a suitable means acceptable to the utility for placing its seals on meter rings and covers of service enclosures and instrument transformer enclosures which protect unmetered energized conductors installed by the applicant. All utility -owned meters and enclosure covers will be sealed only by the utility's authorized employees and such seals shall be broken only by the utility's authorized employees. However, in an emergency, the utility may allow a public authority or other appropriate party to break the seal. Any unauthorized tampering with utility -owned seals or connection of applicant -owned facilities to unmetered conductors at any time is prohibited and is subject to the provisions of section 3:46.120 for unauthorized use. Page 122 of 496 g. Trarrsfornier installations on. applicant's prentises. Transformer installations on the applicant's premises shall be as specified by the utility and in accordance with the following applicable provisions: (1) Space for transforrners. The applicant shall provide space on the applicant's premises at a location approved by the utility for a standard transformer installation, including any necessary switches, capacitors, and electric protective equipment where required, if: (a) In an overhead area, the utility determines that the load to be served is such that a separate transformer installation; or (b) If the utility determines that the installation of a pad -mounted or subsurface transformer of any size is required on the applicant's premises to serve only the applicant. (2) Part-niounted equipnient. In the utility's standard installation, the applicant shall furnish, install, own, and maintain, at his or her its expense, substructures and any required protective structures as specified by the utility for the proper installation of the transformer, switches, capacitors, etc., as determined by the utility. (3) Transformer room or vault. Where applicant requests and the utility approves the installation of the transformer{} in a vault or room on the applicant's premises, rather than the utility's st n`daid'pad-mounted installation: (a) The room or vault on the a pp licant's�premises shall he furnished, installed, owned, and maintained (iby the applicant and shall meet the utility's specifications for such -,things as access, ventilation, drainage, grounding system, etc. b If ace cannot her,,ov�ded' on the applicant's remises for the installation () p— AA p of a transformer on either a pad or in a room or vault, a vault will be installed at:thee)a, pplicant's expense in the street near the property line. It shall be -the applicant's responsibility to install, or pay for, such vault if not restricted by governmental authority having jurisdiction, and the applicant shall convey ownership of the vault to the utility* upon its acceptance. The additional facilities shall be treated as special or added facilities under the provisions of section 3.16.030. (c) If the utility's installed cost for the transformer in the room or vault is more costly than the standard pad mounted transformer installation, the additional costs shall be paid by the applicant as special or added facilities. (5) Tra►r.sforrner lifti.n.g requirenten.ts. Where the utility has installed or agrees to install, transformers at locations where the utility cannot use its standard transformer lifting equipment and special lifting facilities are required to install or remove the transformers on the applicant's premises, the applicant shall, at his or her 4s -expense: (a) Furnish, install, own, and maintain permanent lifting facilities and be responsible for lifting the transformer to and from its permanent position; or (b) Provide, or pay for, portable lifting facilities acceptable to the utility for installing or removing the transformers. Page 123 of 496 Rights-of-way and space provisions shall be provided by the applicant sueb that access and required clearances from adjacent structures can be maintained. The utility may require a separate contract for transformer lifting requirements. (6) Overhead transforiners. In remote areas or in areas not zoned for residential or commercial use or for underground services, pad -mounted transformers are preferred for installation on the applicant's premises; however, where the utility determines that it is not practical to install a transformer on a pad, in a room or vault, the utility may furnish a pole -type structure for an installation not exceeding 500 five ti,un -e r kVA. h. Building code requirements. Any service equipment and other related equipment owned by the applicant, as well as any vault, room, enclosure, or lifting facilities for the installation of transformers shall conform to applicable laws, codes, and ordinances of all governmental authorities having jurisdiction. i. Reasonable care. The applicant shall exercise reasonable care to prevent the utility's service extension, other utility facilities, and meters owned by the utility or others on the applicant's premises from being damaged or destroyed, and shall refrain from interfering with the utility's operation of the facilities and shall notify the utility of any obvious defect. The applicant may be required -to provide and install suitable mechanical protection (barrier posts, etc.) as'required by the utility.' 2. Utility responsibility. �. \` a. Seroice, meter and transformers. Theitillity will, furnish, install, own, and maintain the, following service facilities as applicable after the applicant meets all requirements to receive service: (1) Underground serw.ce. As to n£`service conductors to supply permanent service from the distribution line source to the service delivery point approved by the utility. (2) Riser rnaferialsaNAnyLnecessary pole riser material for connecting underground services to an:ovei head distribution line. (3) OUerh.eadset�ice. A set of overhead service conductors and support poles to supply permanent service from a distribution line source to a suitable support at the service delivery point approved by the utility. Such support shall be of a type and located such that service wires may be installed in accordance with good engineering practice and in compliance with all applicable laws, ordinances, rules, and regulations, including those governing clearances and points of attachment. (4) Metering. When the meter is owned by the utility, the utility will be responsible for the necessary instrument transformers, where required, test facilities, meters, associated metering equipment, and the metering enclosures when the utility elects to locate metering equipment at a point that is not accessible to the applicant. (5) Transformer. The transformer where required, including any necessary switches, capacitors, electrical protective equipment, etc. When either a pad - mounted or overhead transformer is installed on the applicant's premises, the service extension shall include the primary conductors from the connection point at the distribution supply line to the transformer and the secondary conductors, if any, from the transformer to the service delivery point. Page 124 of 496 b. Special conduit installations. The utility shall own and maintain service conduits only if: (1) They are located in the same trench with distribution facilities; and (2) When it is necessary to locate conduits on property other than that owned by the applicant, as determined by the utility, or as may be required by local authorities. C. Cable-in.-condtti.t. In those cases where the utility elects to install its service conductors using pre -assembled cable -in -conduit (CIC), the conduit portion will be considered a part of the conductor installation provided by the utility. d. Gouern.ntent. inspection. The utility will establish electric service to the applicant following notice from the governmental authority having jurisdiction that the applicant -owned facilities have been installed and inspected in accordance with any applicable laws, codes, ordinances, rules, or regulations, and are safe to energize. Irtstallation.s options. a. Utility -performed toork. Where requested by applicant and mutually agreed upon, the utility may perform that portion of the newservice extension work normally the responsibility of applicant according to subsection, EA- (D)(I)-of this section provided applicant pays the utility its estimated in8ta'lled'cost. b. Applicant -perforated work. Under competitive\bihing, the applicant may install that portion of the new service extension --normally installed and owned by the utility in accordance with the same provisions outlin4_in section 3.46.160. F�F. Payments by applicant. 1. Applicant is responsible to pay the uti it\% In advance of the utility commencing its work: a. Pole riser. The utility's��� maatestalled costs of any riser materials on its poles. b. Utility's total eshntated cost. The utility's total estimated installed cost, including appurtenant facilities, suclitias"connectors, service conductors, service transformers, metering equipmentt,�, and,the conduit portion of CIC cable. C. Other. The utility"s't,otal y imated installed cost for any work it performs that is the � applicant's responsibility or performs for the convenience of the applicant. -P-.G. Existing sect.,ice facilities. 1. Service rein.forcernen,t. a. Utility -owned. When the utility determines that its existing service facilities require replacement, the existing service facilities shall be replaced as a new service extension under the provisions of this section. b. Applicant -owned. When the utility determines that existing applicant -owned service facilities, installed under a prior rule, require replacement, such replacement shall be accomplished under the provisions for a new service extension, except that if the utility determines that any portion of the applicant's existing service conductors can be utilized by the utility, the applicant will convey any such usable part to the utility and an appropriate credit by the utility may be allowed to the applicant_ The applicant will replace or reinforce that portion of the service extension which applicant will continue to own under the provisions of this rule for new services. Service relocat.i.on or rearrangent.ertt. Page 1.25 of 496 a. Utility convenience. When, in the judgment of the utility, the relocation or rearrangement of a service, including utility -owned transformers, is necessary for the maintenance of adequate service or for the operating convenience of the utility, the utility normally will perform such work at its own expense, except as provided in subsection G.2.b `F) and F_5 (F)(5) of this section. b. Applicant convenience. Any relocation or rearrangement of the utility's existing service facilities at the request of the applicant (aesthetics, building additions, remodeling, etc.) and agreed upon by the utility shall be performed in accordance with subsection E D -of this section, except that the applicant shall pay the utility its total estimated costs. In all instances, the utility shall abandon or remove its existing facilities, at the option of the utility, rendered idle by the relocation or rearrangement. 3. Impaired access and. clearances. Whenever the utility determines that: a. Access. Its existing service facilities have become inaccessible for inspecting, operating, maintenance, meter reading, or testing; or b. Clearances. A hazardous condition exists or any of the required clearances between the existing service facilities and any object becomes impaired under any applicable laws, ordinances, rules, or regulations of the utility ro other public authorities, then the following applies. C. Corrective action.. The applicant or owner' sinfractions at the applicant's or owner's pp �— expense, either correct the access or clearance or pay the utility its total estimated cost to relocate its facilites toanew location which is acceptable to the utility. The applicant or owner -shall -also be responsible for the expense to relocate any equipment which applicant\owns and maintains. Failure to comply with corrective measures within' �a reasonable time may result in discontinuance of service. 4. O[.�erhead to u.n.derground-ser•vice_corzz;ersions. a. When new servtees-installed. ere an existing overhead distribution line is replaced by an undergrounMistribution system, new underground services will be installed under this section �:^a. b. Applicant con.ven.ien.ce. Where overhead services are replaced by underground services for the applicant's convenience, the applicant shall perform all excavation, furnish and install all substructures, and pay the utility its total estimated installed cost to complete the new service and remove the overhead facilities., 5. Darnaged facilities. When the utility's facilities are damaged by others, the repair will be made by the utility at the expense of the party responsible for the damage. Applicants are responsible for repairing their own facilities. 6. Subdivision of premises. When the utility's service facilities are located on private property and such private property is subsequently subdivided into separate premises with ownership divested to other than the applicant or customer, the subdivider is required to provide the utility with adequate rights-of-way satisfactory to the utility for its existing facilities and to notify property owners of the subdivided premises of the existence of the rights-of-way. When adequate rights-of-way are not granted as a result of the property subdivision, the utility shall have the right, upon written notice to the applicant, to discontinue service without obligation or liability. The existing owner, applicant, or customer shall pay to the utility the total estimated cost of any required relocation or removal of the utility's facilities. A new electric service will be re-established Page 126 of 496 in accordance with the provisions of subsection E l -of this section for new service and the provisions of any other applicable utility rules. C -H. Exceptional cases. When the application of this rule appears impractical or unjust to either party, or ratepayers, the utility or applicant may refer the matter to the utilities administrative resources manager ft a special ruling or for approval of special conditions which may be mutually agreed upon. Wil. Service design and engi.neeri,ng. Service designs, plans and estimates to determine service charges or deposits, will not be initiated by the utility until it has reasonable assurance that the applicant's project will be built. This assurance is normally taken as the issuance of a building permit. Should the applicant desire these service plans and the amount of charges at an earlier time, the applicant may pay a deposit for early design as determined by the utility. The design work will then be scheduled along with all other eligible applicants. A deposit for early design will be credited to the cost of the design and installation of the service or refunded as appropriate. The cost of multiple designs to explore options or redesigns required by changes beyond the control of the utility shall be paid by the applicant. 4-J. Definitions. The following words, terms and phrases, when used in this section, shall different meaning: Applicant means a person or agency requesting,t e utility of supply electric service. Conduit means ducts, pipes, or tubes of certain�metals, plastics or other materials acceptable to the utility, including pull wires an`d-concreteencasement where required, for the installation and protection of electric wires and cables. I Distribution lines means the utility � verhead and underground facilities which are operated at distribution voltages as rset forth in -the utility's section 3.46.030 and which are designed to supply two or more services. Excavation means all nece ss ary tre thing, backfilling, and other digging as required to install service extensions, including_ firnishing of any imported backfill material, concrete encasement to protectonduit��d disposal of spoil as required, surface repair and replacement, landscape repair- and replacement. Insignificant loads means small operating loads such as gate openers, valve controls, clocks, timing devices, fire protection equipment, alarm devices, etc. Inter tit i.ttent. loads means loads which, in the opinion of the utility, are subject to discontinuance for a time or at intervals. Premises means all of the real property and apparatus employed in,a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricultural, oil field, resort enterprises and public or quasi -public institutions, by a dedicated street, highway or public thoroughfare or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served. Protective structures means fences, retaining walls (in lieu of grading), sound barriers, posts, barricades and other structures as required by the utility. Seasonal service means electric service to establishments which are occupied seasonally or intermittently, such as seasonal resorts, cottages, or other part-time establishments. Service deli.vety point means where the utility's service facilities are connected to either the applicant's conductors or other service termination facility designated and approved by the utility. Page 127 of 496 Service extension, means the overhead and underground primary or secondary facilities, including, but not limited to, utility -owned service facilities and applicant -owned service facilities, extending from the point of connection at the distribution line to the service delivery point. When an underground service extension is supplied from a utility -designated overhead pole, the beginning point of connection to the utility's distribution line shall be where the service extension is connected to the utility's overhead distribution line conductors. Substructures mean the surface and subsurface structures which are necessary to contain or support the utility's electric facilities. T44,% --The term "substructures" includes, but is not limited to, splice boxes, pull boxes, equipment vaults and enclosures, foundations or pads for surface -mounted equipment. (Code 1980, § 3.46.170; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.180. Adjustment of bills and meter tests. A. General.; esti.inated usage. When regular, accurate meter readings are not available or the electric usage has not been accurately measured, the utility may estimate the customer's energy usage for billing purposes on the basis of information, including, but not limited to, the physical condition of the metering equipment, available meter readings, records of historical use, and the general characteristics of the customer's load and operation. B., Meter tests. 1. Prior to installation. Every meter will be tested" �a mor prior'to the time of installation, and no meter will be placed in service if fou7;:��-\->, eisstemore than one percent fast or one percent slow. 2. Orr. custoruer request. A customer may,Ko n notide of not less than one week, require the utility to test the meter for the customer's serdree. No charge will be made for such test, but should a customer demand attest within four months after installation or more often than once in 12 twelve -monthO, a dep sI t will be required to cover the cost of the test. This deposit, will be returne�&if the -meter is found to register more than two percent fast or two percent slow. The amoun_ttofythe deposit will be dependent on the type of meter to be tested. A customershallhave the right to require the utility to conduct the test in the customer's presence or ink the presence of an expert or other representative appointed by the customer. The results of the test will be furnished to the customer within a reasonable time after completion of the test. C. Adjustment of bills for ni.eter error. A meter error is incorrect kilowatt-hour, kilovar-hour, or demand registration resulting from a malfunctioning or defective meter. It does not include billing error, unauthorized use, or an error in registration caused by meter tampering by an unauthorized person. It also does not include conditions such' as grounds, shorts, incorrect meter readings, meter dial -overs, improper load wiring, including other customers' circuits connected to the wiring, accounting errors, switched meters, improper customer wiring, blown fuse in one energized conductor, or incorrect meter sizing. Where, as the result of a meter test, a meter is found to be non -registering or incorrectly registering, the utility may render an adjusted bill to the customer for the amount of the undercharge, and shall issue a refund or credit to the customer for the amount of the overcharge, computed back to the date that the utility determines the meter error commenced, except that the period of adjustment shall not exceed three years. Such adjusted bill shall be computed in accordance with the following: 1. Fast. ineters. When any meter is tested and found to be registering more than two percent fast, the utility will refund to the customer the amount of the overcharge, based on corrected meter readings or utility's estimate of the energy usage either for the known Page 128 of 496 period of meter error or, if the period of error is not known, for the period during which the meter was in use, not to exceed three years. 2. Slow meters. If a meter is found to be registering more than two percent slow, the utility may bill the customer for the amount of the undercharge based on corrected meter readings or the utility estimate of the energy usage either for the known period of meter error or, if the period of meter error is not known, for the period the meter was in use, not exceeding three years for all services. 3. Mon.-registeririg meters. When any meter is tested and found to be non -registering, the utility may bill the customer for the estimate of electricity consumed but not registered, not exceeding three years for all services. Bills for this purpose will be estimated by the utility. D. Adjustment of bills for billing error. A billing error is an error by the utility that results in incorrect billing charges to the customer. Billing errors may include incorrect meter reads or clerical errors by a utility representative such as applying the wrong rate, wrong billing factor, or an incorrect calculation. Billing error does not include a meter error or unauthorized use, nor any error in billing resulting from meter dial over caused by other than the utility; switched or mismarked meters by other than the utility; improper customer wiring; blown fuse in one energized conductor; inaccessible meter; failure of the customer to -notify utility of changes in the customer's equipment or operation; or failure of the customer. to take advantage of a- rate or condition of service for which the customer is eligible),,Where the utility overcharges or � undercharges a customer as the result of a billing error, ,the utility may render an adjusted bill for the amount of the undercharge, and shall issue a•reefund or credit to the customer for the amount of the overcharge for the period of the billing error, but not exceeding three years in the case of an overcharge, and, in the case of an undercharge,.not,exceeding three years for all services. E. Adjustni.ent. of bills for uraaut.horiz douse Unauthorized use is the use of energy in noncompliance with the utility's tariffs oPapplicable law. It includes, but is not limited to, meter tampering, unauthorized connection-of'reconnection, theft, fraud, intentional or unintentional use of energy whereby the utility is denied`,full compensation for electric service provided. Where the utility determines that there has `been unauthorized use of electric service, utility may bill the customer for utility's estimate of suc�h`runauthorized use. However, such estimated bill shall indicate unauthorized use for the most recent three years and, separately, unauthorized use beyond the three-year period for,,collection as provided by law. Nothing in this section shall be interpreted as limiting the utility's rights under any provision of any applicable law. 1. Actual usage. If accurate meter readings from a remote check meter are available for the unauthorized use period, they will be used for billing purposes. 2. Estimated usage. If the electric usage' has not been accurately measured, the utility may estimate the energy usage for billing purposes. The basis for the estimate may include, without limitation, the physical condition of the metering equipment, available meter readings, records of historical use, or the general characteristics of the load and operation of the customer or person being billed, with consideration of any appropriate seasonal adjustment. Estimated bills for the unauthorized use period may be determined by the utility based on one or more of the following, without limitation: a. Accurately -metered use from a remote check meter during the unauthorized use period; b. The known percent error in metering attributable to the unauthorized use; C. Accurately metered use prior to the onset of the unauthorized use; d. The equipment and hours of operation of the customer or person being billed; Page 129 of 496 e. Accurately measured subsequent use of 30 mays or more (if available); f. Annual use profile of at least five customers with similar connected load, premises load profiles, hours or energy use, etc. (percent of annual use), or g. Other reasonable and supportable billing methodology when none of the aforementioned billing techniques are appropriate under the circumstances. 3. Recovery of associated costs. Utility may recover from the customer the associated costs resulting from the unauthorized use, including both investigative and equipment damage costs. Investigative costs include time and material spent for investigation, bookkeeping, film and film development, and other costs of gathering evidence. Equipment damage costs include the cost of replacing the utility -owned equipment damaged by the customer. 4. Discontinuance of service. In accordance with the provisions of section 3.46.120, where to utility determines unauthorized use is occurring, the utility may refuse or discontinue service without further notice. If any part of the customer's wiring or any other equipment, or the use thereof, is determined by JLe utility or any other authorized public agency to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or is in such condi ion as to endanger utility service facilities, the utility may discontinue service witho her notice. The utility may also discontinue service in accordance with the provi i tariffs, for nonpayment of a delinquent billing for unauthorized use and f associated ' sta, including nonpayment under an amortization agreement. )* F. Limitation on adjustment of bills for enriff e. -any error in billing not defined as billing error, meter error, or unauthorized us theis not required to adjust the bill. However, any billing adjustment not specific cove d in the tariffs for an undercharge or overcharge shall not exceed three years. (Code 1980, § 3.46.180; Ord. No. 736, § 2( . 1(pa )), 2004) Sec. $.46.190. Supply to premi11 s a re A. Separate metering. A a is required for service to each premises, nor will the electric loads of such sepa a me premises be aggregated physically, electronically or otherwise, except as may be cally rovided for in the rate schedule. B. Residential or nonresi al loads. In accordance with section 3.46.170, electric service shall be individually metered to each tenant in a residential or nonresidential building or group of buildings or other development on a single premises with multiple tenants br enterprises. However, where, in the opinion of the utility, it is impractical to meter each tenant individually or where the city council has authorized the utility to qupply electric service through a single meter, the utility may provide service through a single meter subject to the provisions of subsections E and F (E) and (F' of this section. C. Other rases or premises. A customer shall not use electricity received from the utility upon other premises, except for utility's operating convenience, nor for other purposes than those specified in the customer's application or in the rate schedule applied. D. Customer with multiple service accounts; meters at a single premises. When a customer (single enterprise) occupies a single premises with multiple service accounts/meters, the readings of such meters shall not be combined for billing purposes, except as provided for in section 3.46.100. However, if the customer physically aggregates the electric loads of such multiple service accounts/meters into a single service account (master -meter), the account will be provided service under an applicable rate schedule. Page 130 of 496 E. Use by others. A customer shall not charge for electricity received from the utility and used by any other person, except: 1. Where the charge to tenants is absorbed in the rental for the premises of space occupied; 2. Where the charge to nondomestic tenants is absorbed in the rental for the premises or space occupied, is not separately identified, and does not vary with electrical usage; or 3. As provided in subsection F of this section. All energy use, including use by others, supplied through a single utility meter is the responsibility of the customer of record. F. Resale of electricity. Resale of electricity or submetering of electricity for the purpose of resale is prohibited, except as provided for under subsection D of this section. Such service shall only be supplied at rates not in excess of those prescribed in the utility's rate schedule for like service and pursuant to a sub -metering agreement between customer and the utility_ Violation of any provision of this section shall result in discontinuance of electricity or refusal to provide service, in accordance with section 3.46.120. (Code 1980, § 3.46.190; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 3.46.204. Utility's right of access. A. The utility shall at times have the right of sa s to, and egress from, the customer's premises at all reasonable hours for any re nably connected with the furnishing of electric energy and the exercise of any a ri secured to it by law, or these electric rules. The customer is responsible for provid' g an a lining unobstructed access for the utility to all utility -owned facilities located on th remi C. Failure to permit access and o n the utility's facilities is grounds for termination of service. This work includes. period reading of meters, maintenance or replacement of primary, secondary, service and m eritig facili es, tree trimming, and other necessary work on the utility's electrical facilities, ineJOUM removal after termination of service. D.�If safe access to the not provided for any reason, including, without limitation, locked doors, fences, insuffic' tl-es tPlyned pets or vegetation, the utility will notify the customer of access problems via door ha at the monthly scheduled read date. If the utility is requiredmake an appointment or other arrangement to read the meter more than once during any 12 -month period, a charge will be made for each appointment thereafter. Repeated failure to provide access may result in installation of remote metering devices at the utility's option. A service charge may be assessed for remote metering devices as noted in AA -the schedule of electric fees and charges adopted by resolution by the city council. (Code 1980, § 3.46.200; Ord. No. 736, § 2(exh. 1(part)), 2004) Sec. 5.46.210. Temporary turn -on and turn-off of electric service for repair. A. Temporary turn -on or turn-off for repair. Temporary turn -on or turn-off of electric service for the purpose of allowing the customer to make repairs or changes to wiring will normally be done by the utility during normal working hours. B. Normal working hours are 8.•00 a.m. to 4.•00 p.m., Monday through Friday. There will be no charge for up to an hour of time. A charge will be made for each additional hour or fraction thereof. If this service is required outside normal working hours, the minimum charge will be as noted in Appendixthe_ schedule of electric fees and charges adopted by resolution by the city council. Page 131 of 496 C. The above charge will also apply if the customer calls for emergency restoration of service during other than normal working hours, and it is determined that the problem is on the customer's side of the meter and is therefore the customer's responsibility. (Code 1960, § 3.46.210; Ord. No. 736, § 2(exh. 1(part)), 2004) See, 3,46.220. Energy diversion. A. General. Energy diversion is presumed to be caused by the customer receiving the benefit of service from the diversion, B. Utility's right to discontinue service. Whenever the utility has determined that energy diversion is occurring or a hazardous condition exists at a given location, the utility shall investigate and may disconnect the service immediately. C. Restoration of service. In order to restore service discontinued under the provision of subsection B of this section, the customer shall be required to pay, in advance, all of the following: 1. Minimum fee plus material or time plus material, whichever is higher. 2. Charges for estimated usage during the period in which the energy diversion occurred based on provisions of section 3.46.100. 3. Charges for discontinuance and restoration of se a covered in section 3.46.120, payments of deposits and the entire current bill,,^ D. Appeal by cu.stonter. Any portion of the char ortWn this rule that is disputed by the customer may be appealed pursuant to the pro s ection 3.46.110. E. Theft of service. The customer benefit' from .ve sion shall be assessed a fee to make the utility whole for labor and materials invo d in nvestigating and making any required corrections. (Code 1980, § 3.46.220; Ord. No. 736, § 2( . 1(pa )), 2004) Rule AT.....ber Desepiption Fee Amount. AURimum deposit- Greater Af t estimated , men xhl bill -e+ -7 Minimum depesit,q4eeenneeti on .ter- of three times the estifflated alveng-e ffie-n-th-ly bill 7- Sefwiee turn e Wigg $20 next 1.,.. $34 same da $50 afte,, 1 Page 132 of 496 fSpeeial an ehafgp Added to i "` „1;...,1,1„ fee (does not apply t,. t1,,. mAilmAl A _1, window bate paymell 0.9% per- month 0 total unpaid bFk!Rnee ehaFge City of Ran ehe cueffmangEt Ofdiffafl£@ 14 Fund veFifipRtiAR Dr -no Trip„1..,...., F ., BOB pay, 94—Irs 4-7 @1lti „a.,,,, rf..,,.,.,,. ; F „ will 1, mow,. „d s resolve4.0 Monthly rental a remate metering to, $2.50 pet, month T................. +,,,.,, an o ...,,.,,, . ffof p,1,..,t.. C first aggregate huY 'ee $95 . 1,.,,,. f;,etioh thereof Gast We �e I .. CHAPTER 3.48. UTILITY USER'S FEE Sec. 3.48.010. Title. Page 133 of 496 This chapter shall be known as the "Utility User's Fee of the City of Rancho Cucamonga." (Code 1980, § 3.48.010; Ord. No. 510, § l(part),1993) Sec. 3.48.020. Definitions. The following words and phrases, whenever u his apter, shall be construed as follows: City means the City of Rancho Cucamonga. Finance director means the director city,.ru.,-.,,i.„ rt..,.,,_,.,,..,•,. Gas means natural or manufacture substituted therefor. Month means a calendar moat ` vl, Non-utility supplier meas: N� services, or his or her designee, of the any alternate hydrocarbon fuel which may be (a) A service supplier, oth'Wthan an electrical corporation franchised. to serve 'Within the city, which generates el trical energy in capacities of at least 50 kilowatts for its own use or for sale to others; or (b) A gas supplier, other than a gas corporation franchised to serve the city that sells or supplies gas for its own use or for sale to others within the city. Person means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, trust, society or individuals. Sert)ice supplier means any entity required to collect or self -impose and remit a fee as imposed by this chapter. Service user means a person required to pay a fee imposed by this chapter. Telephone corporation, electrical corporation, gas corporation and water- corporation have the same meanings as defined in Sections 234, 218, 222, and 241, respectively, of the G&hfernia-Public Utilities Code, except the terms "electrical corporation," "gas corporation" and "water corporation" shall also be construed to include any municipality, public agency engaged in the selling or supplying of electrical power or gas or water to a service user. (Code 1980, § 3.48.020; Ord. No. 510, § 1(part), 1993) Page 134 of 496 Sec. 3.48.030. Exemptions. Nothing in this chapter shall be construed as imposing a fee upon any person when imposition of such fee upon that person would be in violation of state �'Ri�,statute, the Constitution of the state' -Cal a, or the Constitution of the United States. A. Fee; exemption. I. The fee imposed by this chapter shall not apply to any service user that uses electric, gas, water or telephone services in or upon any residence occupied by such service user when the combined total gross income (as used for purposes of the California Personal Income Tax Law) of all members of the household in which such service user resided was less than the current amount established' for San Bernardino[Riverside Counties by the United States Department of Housing and Urban Development for very low income families for the applicable family size for the calendar year prior to the fiscal year (July 14 through June 3014+) and for which an application for exemption as provided in this chapter is sought. 2. The fee imposed by this chapter shall not apply to the state of Calif pni , any county or city or any district or political subdivision thereof. 3. The exemption granted by subsection A.1 of this section shall not eliminate the duty of the service supplier from collecting fee;s�from�such exempt service users or the duty of such exempt service users fromhpaying such fees to the service supplier, unless an exemption is applied for by theseivice user and granted in accordance with the provisions of subsection B oftliis,section. I. Any service user exempt frorn'-th -,fewimposed by this chapter because of the provisions of subsection A of this section may file an application with the finance director for an exemption. Such applications shall be made upon forms supplied by the finance director and shall recite facts under oath which qualify the applicant for an exemption. The finance - director shall review all such applications and certify as exempt those applicantsdt mined to qualify therefor, and shall notify all service suppliers affected that such exemption has been approved, stating the name of the applicant, the address to which such exempt service is being supplied, and such other information as may be necessary for the service supplier to remove the exempt service user from its fee billing procedure. Upon receipt of such notice, the service supplier shall not be required to continue to bill any further fee imposed by this chapter from such exempt service user until further notice by the finance director is given.. The service supplier shall eliminate such exempt sQrvice user from its fee billing procedure not later than 60 sidays after receipt of such notice from the finance director. 2. All exemptions shall continue and be renewed automatically by the finance director so long as the requisite facts supporting the initial qualification for exemption shall continue; provided, however, that the exemption shall automatically terminate with any change in the service address or residence of the exempt service user; further provided such service user may, nevertheless, apply for a new exemption with each change of address or residence. 3. Any service user exempt from the tax shall notify the finance director within ten days of any change in fact or circumstance which might disqualify such service user from receiving such exemption. It shall be a misdemeanor for' any service user to Page 135 of 496 knowingly receive the benefits of the exemptions provided by this section when the basis for such exemption either does not exist or ceases to exist. C. Notwithstanding any of the provisions of this section, however, any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection, such service supplier shall notify the finance director of such fact and the finance director shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with, and, where appropriate, order the service supplier to commence collecting the fee from the nonexempt service user. (Code 1980, § 3.48.030; Ord. No. 510, § I(part), 1993) Sec. 3.48.035. Maximum annual fee. A. Effective August 1, 2001, all fees are reduced to zero. B. To qualify for such maximum aggregate payment, a service user shall submit an application to the finance director, together with sufficient evidence demonstrating payment exceeding the maximum aggregate amount provided in this section. Upon receipt and acceptance of such application, the finance director shall notify each service supplier not to impose the utility fees required by this chapter upon such service user. Su liNaccepte`d and approved service user shall remit the maximum aggregate utility user fee directly to the -city in a form and in installment amounts consistent with the rules and regulations adopted-15yy the finance director. C. Any service user who has been approved nd accepted to pay the maximum aggregate amount that pays more than the maximum aggregatepfeef provided in this section during one calendar year may claim a refund or credit for_:sucl�6 eerpayment as provided in this chapter. D. Consistent with the rules and regulations adopted by the finance director, the maximum aggregate amount specified in subsection%kof thissectionmay be adjusted annually in relation to the consumer price index issued by-'theUnitbdoStates Department of Labor for the greater San Bernardino area. (Code 1980, § 3.48.035; Ord -No 510, §�I(part), 1993; Ord. No. 558, § 1, 1996; Ord. No. 558-A, § 1, 1997; Ord. No. 558-13, § 1, 1998;.Ord, No. 558C, § 1, 1999; Ord. No. 5581), § 1, 2000; Ord. No. 558E, § 1, 200 1) Sec. 3.48.040. Telephone user's fee. A. Effective August 1, 2001, all fees are reduced to zero. B. As used in this §ection, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones, except that where such coin-operated service is furnished for a guaranteed amount, the amounts paid under such guarantee, plus any fixed monthly or other periodic charge, shall be included in the base for computing the amount of fee due; nor shall the term "charge" include charges for any type of service or equipment furnished by a service supplier subject to public utilities commission regulations during any period in which the same or similar services or equipment are also available for sale or lease from persons other than a service supplier subject to public utilities commission regulations; nor shall the term werds "telephone communication services" include land mobile service or maritime mobile services as defined in 47 CFR 2.1 Seetien 2_1 of Title 47 of the Gude of -Fed-e-Fal Regulations, as said section existed on January 1, 1970. The term "telephone communication services" refers to that service which provides access to a telephone system and the privilege of telephone quality communication with substantially all persons having telephone stations which are part of such telephone system. The telephone user's fee is intended to, and does, apply to all charges billed to a telephone account Page 136 of 496 having a situs in the city, irrespective of whether a particular communication originates and/or terminates within the city. C. The fee imposed by this section shall be collected from the service user by the person providing the intrastate telephone communication services or the person receiving payment for such services. The amount of the fee collected in one month shall be remitted to the finance director on or before the last day of the following month; or, at the option of the person required to collect and remit the fee, an estimated amount of fee collected, measured by the fee bill in the previous month, shall be remitted to the finance director on or before the last day of each month. D. Notwithstanding the provision of subsection A of this section, the fee imposed under this section shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20, of the California Revenue and Taxation Code, of the tax imposed under Section 4251 of the Internal Revenue Code. (Code 1980, § 3.48.040; Ord. No. 510, § l(part), 1993; Ord. No. 558, § 2, 1996; Ord. No. 558-A, § 2, 1997; Ord. No. 558-B, § 2, 1998; Ord. No. 558C, § 2, 1999; Ord. No. 558D, § 2, 2000; Ord. No. 558E, § 2, 2001) Sec. 3.48.050. Electricity user's fee. A. Effective August 1, 2001, all fees are reduced to zero. B. As used in this section, the term "using electrical energy" shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him for use in an automobile or other machinery device apart from the premises upon which the energy was received; provided, however, that the term "using electrical energy" shall include the receiving of such energy for the purpose of using it in -the ,charging of batteries; nor shall the term "using electrical energy" include electricity used and",consumed by an electric utility supplier in the conduct of its business as an electric public utility nor shall the term include the mere receiving of such energy by an electric corporation:or governmental agency at a point within the city for resale; nor shall the term "usingelectrical ever include the use of such energy in the production or distribution of water by a water utility. ro a vo ernmental agency. C. The fee imposed in��isectron shall be collected from the service user by the energy service supplier or non-utility supplier. The tax imposed in this section on use supplied by self - generation or from a non-utilitys supplier not subject to the jurisdiction of this chapter shall be collected and remitted to the finance director in the manner set forth in section 3.48.080. of this ehapten The amount of fee collected by a service supplier or a non-utility supplier in one month shall be remitted by United States mail to the finance director, postmarked on or before the last day of the following month, or at•the.option of the person required to collect and remit the ,fee, an estimated amount of fee measured by the fee billed in the previous month, or based upon the payment pattern of the customers_ (Code 1980, § 3.48.050; Ord. No. 510, § 1(part), 1993; Ord. No. 558, § 3, 1996; Ord. No. 558-A, § 3, 1997; Ord. No. 558-13, § 3, 1998; Ord. No. 5580, § 3, 1999; Ord. No. 558D, § 3, 2000; Ord. No. 558E, § 3, 2001) Sec. 3.48.055. Tax on cogenerated electricity. A. Notwithstanding the rate provisions in section 3.48.050 of this ehap- „r, the fee imposed on every person using cogenerated electrical energy in the city shall be at the rate of 4.66 percent of the value of the cogenerated electrical energy consumed in the city. Cogenerated electricity shall be valued at the electric utility supplier's combined avoided cost energy pricing and avoided cost capacity pricing which is filed with the state Cali€er-nia public utilities commission. Page 137 of 496 B. The co -generator shall install and maintain an appropriate metering system which will enable compliance with this section. C. The fee shall be collected and paid by the co -generator under section 3.48.065 ems cif the co -generator consumes the energy. if the co -generator sells the energy for consumption in the city, the fee will be imposed on the charges made for such service and shall be collected and paid by the person to whom the energy is sold. (Code 1980, § 3.48.055; Ord. No. 510, § 1(part), 1993) Sec. 3.48.060. Gas user's fee. A. Effective date; definition. 1. Effective August 1, 2001, all fees are reduced to zero. 2. The term "charges," as used in this section, shall include: (a) The charge for gas which is delivered through mains of pipes or mobile transports; (b) Gas transportation charges; and (c) , Demand charges, services charges, customer charges, minimum charges, annual and monthly charges, and any other authorized byfthe state �rt�,r o=x=public utilities commission of the Federal Energy Regulatory Co �is`sion. B. The fee otherwise imposed by this section is not pa plicableto: (1) Charges made for gas which is to be resold and delivered through mains and pipes; (2) Charges made for gas used and consumed by\a public utility or governmental agency in the course of its business; �`l� (3) Charges made by a gas public utility or gas -used and consumed in the course of its public utility business; or (4) Charges made for gas use 1 -in the propulsion of a motor vehicle, as authorized in the Vehicle Code j ' . C. The fee imposed in t6is\section shall be collected from the service user by the person selling or transporting the ,gas. A' Jl person selling only transportation services of gas to a service user for delivery of gas through mains or pipes shall collect the fee from the service user based on the cost of transporting the gas. The person selling or transporting the gas shall, on or before the last day of each calendar month, commencing on the 20th twentieth day of the calendar month after the effective date of the ordinance codified in this chapter, make a report to the finance director stating the amount of fees billed during the preceding calendar month. At the time such reports are filed, the person selling or transporting the gas shall remit fee payments to the finance director in accordance with schedules established or approved by the finance director. The fee imposed in this section on use supplied by self -production or a non-utility supplier not subject to the jurisdiction of this chapter, shall be collected by and remitted to the finance director in the time and manner set forth in section 3.48.080 efthin ehap �.• (Code 1980, § 3.48.060; Ord. No. 510, § 1(part), 1993; Ord, No. 558, § 4, 1996; Ord. No. 558-A, § 4, 1997; Ord. No. 558-B, § 4, 1998; Ord. No. 558C, § 4, 1999; Ord, No. 558D, § 4, 2000; Ord. No. 558E, § 4, 2001) Sec. 3.48.065. Service users receiving direct purchasing of gas, electricity or telephone service. A. Notwithstanding any other provision of this chapter, a service user receiving gas, electricity or telephone service directly from a non-utility supplier not under the jurisdiction of this chapter, or otherwise not having the full fee due on the use of gas, electricity or telephone service Page 138 of 496 in the city directly billed and collected by the service supplier, shall report said fact to the finance director within 30 thirty days of said use and shall directly remit to the city the amount of fee due. B. The finance director may require said service user to provide, subject to audit, filed tax returns or other satisfactory evidence documenting the quantity of gas, electricity or telephone service used and the price thereof. (Code 1980, § 3.48.065; Ord. No. 510, § 1(part), 1993) Sec. 3.48.070. Water user's tax. A. Effective August 1, 2001, all fees are reduced to zero. B. There shall be excluded from the base on which the fee imposed in this section is computed charges made for water which is to be resold and delivered through mains or pipes; and charges made by a municipal water department, public utility or a city or municipal water district for water used and consumed by such department, utility or district. C. The fee imposed in this section shall be collected from the service user by the person supplying the water. The amount collected in one month shall be remitted to the finance director on or before the last day of the following month. (Code 1980, § 3.48.070; Ord. No. 510, § 1(part), 1993; Ord. No n8, § 5, 1996; Ord. No. 558-A, § 5, 1997; Ord. No, 558-13, § 5, 1998; Ord. No. 558C, § 5, 1999; Od`N 558D, § 5, 2000; Ord. No. 558E, § 5, 2001) <� Sec. 3.48.075. Exemption for energy produced by,fuel cells. Notwithstanding any other provision of thichapter;\a tax shall be imposed on the use of energy produced through the use of fuel cell technology. (Code 1980, § 3.48.075; Ord. No. 510, § l(pa rt�3�"99 Sec. 3.48.080. Fee collection; procedures. The duty to collect and remit the fees imposed by this chapter shall be performed as follows: A. The fee shall be collected, insofar -as practicable, at the same time as, and along with, the charges made in acco dance with the regular billing practices of the service supplier. Where the amount paid-lby a service user to a service supplier is less than the full amount of the energy charge andjee which has been accrued for the billing period, such amount and any subsequent payments by a service user shall be applied to the utility charge first until such charge has been fully satisfied. Any remaining balance shall be applied to fees due. 13. The duty to collect fees from a service user shall commence with the beginning of the first full regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this chapter. C. Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (Code 1980, § 3.48.080; Ord. No. 510, § 1(part), 1993) Sec. 3.48.090. Delinquent payments; interest and penalty. A. Fees collected from a service user which are not remitted to the finance director on or before the due dates provided in this chapter are delinquent. B. Penalties for delinquency in remittance of the fee collected, or any deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of 15 €rftee-n-percent of the total fee collected or imposed by this chapter. Page 139 of 495 C. The finance director shall have power to impose additional penalties upon persons required to collect and remit fees tinder the provisions of this chapter for fraud or negligence in reporting or remitting at the rate of 15 fifteen percent of the amount of the fee collected or as recomputed by the finance director. D. Every penalty imposed under the provisions of this chapter shall become a part of the fee required. to be remitted. (Code 1980, § 3.48.090; Ord. No. 510, § ](part), 1993) Sec. 3.48.100. Fee deemed debt to city; collection. Any fee required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the city. Any such fee collected from a service user which has willfully been withheld from the finance director shall be deemed a debt owed to the city by the person required to collect and remit. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. (Code 1980, § 3.48.100; Ord. No. 510, § 1(part), 1993) Sec. 3.48.110. Administration and enforcement; finance d ector authority. A. The finance director shall have the power and duty;-andirected, to enforce each and all of the provisions of this chapter. B. The finance director shall have the power to_adopt rules and regulations not inconsistent with provisions of this chapter for the purpose of`carrying out and enforcing the payment, collection and remittance of the fees imposed in this chapter. C. The finance director may make adiiinitrativ4 greements to vary the requirements of this chapter so that collection of any feetmpo ed. may be made in conformance with the billing procedures of the particular service supplier so long as said agreements result in collection of the fee in conformance with the general?p ru pose and"sfcope of this chapter. D. The finance director sshaIl�determine the eligibility of any person who asserts a right to exemption from the fee imposed by this chapter. The finance director shall provide the service supplier with the name of any person who the finance director determines is exempt from the fee imposed hereby, together with the,address to which service is supplied to any such exempt. person. The finance director shall notifyYthe service supplier of termination of any person's right to exemption hereunder, or the change of any address to which service -is supplied to any exempt person. F,. The finance director shall provide written notice to all service suppliers of any change in the city's boundaries at least 90 ninety days prior to any annexation or other change in the city's boundaries. Said notice shall set forth the revised boundaries by street and address along with a copy of the final annexation order from LAFCO. (Code 1980, § 3.48.110; Ord. No. 510, § 1(part), 1993) Sec. 3.48.120. Failure to remit; assessment and administrative remedies. A. The finance director may make an assessment for fees not remitted by a person required to remit. B. Whenever the finance director determines that a service user has deliberately withheld the amount of the fee owed by him from the amounts remitted to the service supplier who is required to collect the fee, or that a service user has refused to pay the amount of the fee to such person, or whenever the finance director deems it in the best interest of the city, he or she may Page 140 of 496 relieve such person of the obligation to collect the fees due under this chapter from certain named service users for specified billing periods. C. The service supplier shall provide the city with amounts refused, along with the names and addresses of the service users refusing to pay the fee imposed under provisions of this chapter. Whenever the service user has failed to pay the amount of the fee for a period of two or more billing periods, the service supplier shall be relieved of the obligation to collect fees due. D. The finance director shall notify the service user that he has assumed responsibility to collect the fees due for the stated periods and demand payment of such fees. The notice shall be served on the service user by handing it to him personally or by deposit of the notice in the U.S. mail, postage prepaid thereon, addressed to the service user at the address to which billing was made by the person required to collect the fee; or, should the service user have changed his address, to his last known address. if a service user fails to remit the fee to the finance director within 15 fifteen days from the date of the service of the notice upon him, which shall be the date of mailing if service is not accomplished in person, a penalty of 25 fie—percent of the amount of the fee set forth in the notice shall be imposed but not less than5.00 care. The penalty shall become part of the fee herein required to he paid. (Code 1980, § 3.48.120; Ord- No. 510, § 1(part), 1993) See. 3.48.130. Recordkeeping requirements. It shall be the duty of every person required to collect and remite'to the city any fee imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such fee as he may hav ee en liable for the remittance to the finance director, which records the finance director shall have the�riXt to inspect at all reasonable times. (Code 1980, § 3.48.130; Ord. No. 510, § 1(part);\93)- Sec. 3.48.140. Refunds authorized when; procedures. A. Whenever the calculation of-the%Mountyof any fee due and owing under this chapter is alleged to have resulted in an overpayment or a payment more than once, it may be refunded by the finance director as provided in subsections B and C of this section provided a claim in writing �— \ `.A therefor, stating under penalty of)perlury-the specific grounds upon which the claim is founded, is filed with the finance director within one year of the date of the claimed overpayment. The claim shall be on forms furnished by the finance director. B. A service supplier may claim a refund or take as credit against fees collected and remitted an amount overpaid or paid 'more than once when it is established that the person' from whom the fee has been collected did not owe the fee. C. • Any 'service user may obtain a refund of fees overpaid or paid more than once by filing a claim in the manner provided in subsection A of this section, but only when the service user having paid the fee to the service supplier establishes to the satisfaction of the finance director that the service user has been unable to obtain a refund from the service supplier who collected the fee. D. Notwithstanding other provisions of this section, whenever a service supplier, pursuant to an order of the state Cgafi&MiRpublic utilities commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility services, the fees paid pursuant to this chapter on the amount of such refunded charges shall also be entitled to claim a credit for such refunded fees against the amount of the fee which is due upon the neat monthly returns. In the event this chapter is repealed, the amounts of any refundable fees will be borne by the city. (Code 1980, § 3.48.I40; Ord. No. 510, § l(part), 1993; Ord. No. 558, § 6, 1996; Ord. No. 558-A, § 6, 1.997; Ord. No. 558-13, § 6, 1998; Ord. No. 558C, § 6, 1999; Ord. No. 558D, § 6, 2000) Page 141 of 496 CHAPTER 3.52. COMMUNITY AND RECREATION CENTER IMPACT FEE Sec. 3.52.010. Purpose. The city council finds that the purpose of the Community and Recreation Center Impact Fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of community and recreation center assets in the city_ The city finds: A. There are a number of existing community and recreation centers within the city, as well as the Victoria Gardens Cultural Center. B. Fees apply only to residential development. C. There is a need for fees to serve future development in the city without placing a burden on existing resources. D. Community and recreation centers serve the entire population. E. Revenue from the impact fees will be used to expand the availability of community and recreation center assets in the city; through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansia' n of#41_existing development within the city impose a burden on the existing community and recreation facilities by adding additional population. G. The fees are based on the relationship between the city's existing population and the replacement cost of the existing community -center, recreation center, and cultural center facilities. H. Po ulatiodis used as the demandwariable when calculatingthese fees because the need for community and recreation centers is normally defined in terms opopulation per unit for that type. 7� I. The level of service,st ndard`used to calculate impact fees is the existing ratio of facility replacement cost. to popuflation• J. The cost per capita will beiapplied to future population to compute impact fees per unit. K. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the community and recreation center facilities, impact fees will apply to new development of these types of facilities. L. Impact fees for other specialized development types should be calculated in the same way if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten 49�-days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. (Ord. No. 865, § 3, 6-18-2414) Page 142 of 496 Sec. 3.52.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: City/service area shall mean the entire city -of Panel— Gueameaga. C-Divelli.ng unit shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. F�.-Facr'hti.es mean those park and recreation facilities, land, improvements, or infrastructure Iocated in the city��^ ^ Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. B-.Residen.tial develop inent means shall ;,. elude all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. Study means the I)evelopment Impact Fee Study Report dated April 22, 2014. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.030. Establishment and administration of Community and Recreation Center Impact Fees. The city council finds that there is a reasonablee relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall estab lish_a-special interest-bearing fund e-ntitled "Community and Recreation Center Impact F es." A -H f6escollected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of community and recreation center assets in the,city� B. A fee is imposed in the amounts -set forth in this chapter and shall be applicable to every dwelling unit as defined'inse tic on 3.52.020 constructed in the city after the effective date of the ordinance codified4 in this chapter and shall be known as the "Community and Recreation Center Impact. Fee. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.050. Fees. The fees imposed to be paid -by this chapter shall be set by resolution of the city council. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.060. Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. (Ord. No. 865, § 3, 6-18-2014) Page 143 of 496 Sec. 3.52.070. Use of fees. The city council finds that there is established a community and recreation center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of community and recreation center assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 3, 6-18-2014) Sec. 3.52.080. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 3, 6-18-2014) CHAPTER 3.56. LIBRARY IMPACT FEE Sec. 3.56.010. Purpose. The city council finds that the purpose of the Library Impact Fee herby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential level pme'Vto contribute to the cost of expanding the availability of library and cultural center as ets in the city. The city finds: A. There are two libraries currently in the city Archibald and Paul A. Biane Library. B. Paul A. Biane Library is part of the Victoria Ga dens Cultural Center. C. Paul A. Biane Library includes space for futurelexpansion. D. The city will assess the need for any futu�re development of a new library. E. Fees apply only to residual} development. nt. F. The need for fees to serve future, development in the city without placing a burden on existing resourcesA� G. The libraries serve the entire population. H. Revenue from the impactfees will be used to expand the availability of library and cultural center assets in the city through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. 1. New residential development and the expansion of existing development within the city impose a burden on the existing libraries by adding additional population. J. The fees are based on the relationship between the city's existing population and the replacement cost of existing libraries, cultural center facilities, and material. K Population is used as the demand variable when calculating these fees because the need for libraries is normally defined in the terms of population per unit for that type. L. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. M. The cost per capita will be applied to future population to compute impact fees per unit. N. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the library facilities, impact fees will apply to new development of these types of facilities. Page 144 of 496 0. Impact fees for other specialized development types should be calculated in the same way if the need arises. P. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. Q. The period of greater than ten 04) -days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to he funded, the revenue sources anticipated and means of spending these costs. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: A—. City/seruice area shall mean the entire city orunnehe G..,,.,.,,,...g.. C,Dtvelling unit shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobile home trailer on a semi-permanent or permanent basis. ` F. Facilities . mean those libraries or cultural center�fa` c 1 es; land, improvements, or infrastructure located in the city R^, ehe Gueamenga. Persoa includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. 43 -Residential developinent shall include all welling units constructed for the first time on open land or when existing structures areremodeled; and added to or otherwise altered to increase the number of dwelling units. khStud means the Development -lm �t-F�ee+Stud Report dated April 2014. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.030. Establishment and administration of Library Impact Fees. Y The city council finds that4here is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund entitled "Library Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of library facilities and material assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.56.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Library Impact Fee." (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 4, 6.18-2014) Page 145 of 496 Sea 3.56.050. Fees. The fees to be paid by this chapter shall be set by resolution of the city council. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.060. Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.070. Use of fees. The city council finds that there is established a library fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of library and cultural center assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 4, 6-18-2014) Sec. 3.56.080. Severability. If any provision of this chapter or the application thereof to -any person or circumstances is held invalid, such invalidity shall affect the other provisions -of thin chapter which can be given effect without the invalid provisions or its application and_ t6 -,,,this end, the provisions of this chapter are severable. (Ord. No. 865, § 4, 6-18-2014) CHAPTER 3.60. ANIMAA CSE LATER IMPACT FEE Sec. 3.60.010. Purpose. \� The city council finds that the rFurpose_f the Animal Center Impact Fee herby enacted is to prevent new residential developent mfrom reducing the quality and availability of public services provided to residents of the city -by requiring new residential development to contribute to the cost of expanding the availability o`f ymal enter assets in the city. The city finds: A. There is only one animal center that serves the entire population. B. The current animal center is at maximum capacity, and that there will be need for expansion or construction of a new animal center as the population continues to grow. C. These fees apply only to residential development. D. The need for fees is. to serve future development in the city without placing a burden on existing resources. E. Revenue from the impact, fees may he used to expand the availability of animal center assets in the city through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. F. New residential development and the expansion of existing development, within the city impose a burden on the existing animal center by adding additional population. G. Population is used as the demand variable when calculating these fees because the need for animal center services is normally defined in the terms of population per unit for that type. H. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. Page 146 of 496 The cost per capita will be applied to future population to compute impact fees per unit. Impact fees for other specialized development types should be calculated in the same way if the need arises. K. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. L. The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: A-01ty/servi.cE, area shall mean the entire city ofRanehe r,,,,,,,,,,,,,,,,,,, 4�-.Druellbr.g itnif shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium:or planned residential development as a separate habitat for one or more persons or each mob ilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. �Fdraiprtrent/triaterial shall include all necessary material that are required for the proper operation of the facility for which this fee is imposed - � �im�provements, �Fcicilities mean those animal center facilities, landor infrastructure located in the city u r r�., w ��.• Person includes every person, firm o� r• corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. 44—Residential development shall -;nclue-all dwelling units constructed for the first time on open land or when existing structures are -remodeled, and added to or otherwise altered to increase the number of dwelling units.�� Impac/t 4,q -.Study means the DevelopmenFee Study Report dated April 201x1. (Ord. No. 865, § 5, 6-18-2011) Y Sec. 3.60.030. Establishment and administration of Animal Center Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund entitled "Animal Center Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of animal center facilities and material assets in.the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.60.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Animal Center Impact Fee." (Ord. No. 865, § 5, 6-18-2014) Page 147 of 495 Sec. 3.60.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.050. Fees. The fees to be paid by this chapter shall be set by resolution of the city council. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.060. Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. (Ord. No. 865, § 5, 6-18-20.14) Sec. 3.60.070. Use of fees. The city council finds that there is established an animal center fund where all sums collected pursuant to this chapter shall be deposited and shall be used forexpand on the availability of the animal center assets in the city to serve new development'�Tlios p blic facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 5, 6-18-2014) Sec. 3.60.080. Severability. If any provision of this chapter or the,application thereof to any person or circumstances is held invalid, such invalidity shall affect tfihe other p isions of this chapter which can be given effect without the invalid provisions or fits application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 5, 6-18-2014) f 64. POLICE IMPACT FEE Sec. 3.64.010. Purpose. The city council finds that the purpose of the Police Impact Fee herby enacted is to prevent new residential and commercial/industrial development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and business development to contribute to the cost of expanding the availability of police assets in the city. The city finds - A. Police services, facilities and equipment are needed to serve future development in the city. B. Police services serve the entire residential and businesses-poULllation. C. The need to expand the existing fleet of police vehicles and equipment will be necessary as the population continues to grow. D. The city will assess the need to expand policy facilities into the northeastern portion of the city as indicated in the current city general plan. E. These fees apply to all residential and business development. Page 148 of 496 F. Revenue from the impact fees may be used to expand the availability of police assets in the city through the acquisition or improvement of real property; or the acquisition, construction or expansion of buildings, furnishings, equipment or any of these. G. New residential and business development within the city imposes a burden on the existing police facility by adding additional population. H. The demand variable that determine the fees is based on the relationship between the city's existing population and the calls for service and the replacement cost for police facilities and equipment. I. Police impact fees paid by new development are based on the same level of service currently provided to the existing residential and businesses in the city. J. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of police services, impact fees will apply to new development of these types of facilities. K. The cost per capita will be applied to future population to compute impact fees per unit. L. Impact fees for other specialized development types should be calculated in the same way, if the need arises. A The fee established by this chapter is in addition to -any other fees or charges or taxes that are required by law as a condition of development. N. Thereater f o eriod than ten p g (484 days prior to -adoption of this chapter, data has been available to the public, and to developers and'their�representative, indicating the cost or estimated cost of the infrastructure to4be funded,>the revenue sources anticipated and means of spending these costs. �� y (Ord. No. 865, § 6, 6-18-2014)�~� See. 3.64.020. Definitions. For the purposes of this chaplterQ following words shall have the meanings set forth below: B-:Bu.siriesses shall -include all commercial/industrial, hotel/motel, and office units. A-City/serc;ice arealt#�1-eas t he entire city. ^f^nrh^ ^^m^^^^ C-.-Divelling imil ;hF411 includes -each single-family dwelling, each unit of an apartment, duplex - dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. CTEquipmeWlinaterial shall includes all necessary materials that are required for the proper operation of the facility for which this fee is imposed as defined in the Development Impact Fee Study dated April 2014. F-.-Facthlhes mean those police facilities, land, improvements, or infrastructure located in the Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. B -Residential developnmerr.t s I> -includes all buildings or dwelling units constructed for the first time on open land or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. H -.Study means the Development Impact Fee Study Report dated.April 2014. (Ord. No. 865, § 6, 6-18-2014) Page 149 of 496 Sec. 3.64.030. Establishment and administration of Police Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund entitled "Police Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of police facilities and material assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.64.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Police Impact Fee." (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first; unless otherwise preempted by state regulations. (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.050. Fees. The fees imposed te,4 �by this chapter shall becsetr y resolution of the city council_ (Ord. No. 865, § 6, 6-18-2014) \y Sec. 3.64.060. Fee exemptions. ]J In the event that a development projectfound-to have no impact. on facilities for which impact fees are charged, such project must�be exempted from the fees. (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.070. Use of fees. The city council finds that ithere is -established a police fund where all sums collected pursuant to this chapter shall be deposit'edyand shall be used to expand on the availability of police facility assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 6, 6-18-2014) Sec. 3.64.080. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 6, 6-18-2014) CHAPTER 3.68. PARK IN-LIEU/PARK IMPACT FEES Sec. 3.65.010. Purpose. The city council finds that the purpose of the Park In-lieu/Park Impact Fees hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and commercial development to contribute to the cost of expanding the availability of police assets in the city. The city finds: Page 150 of 496 A. The need for two types of development fees for parks: Fees for park land acquisition and fees for park improvement. B. Fees for park land acquisition are subdivided: Fees in -lieu of park land dedication for subdivisions, and impact fees for park land acquisition not involving subdivisions. C. The need for fees to serve future development in the city without placing a burden on existing resources. D. The general plan has been adopted containing specific policies and standards for parks and recreation facilities. E. Dedicated land and/or in -lieu fees are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision paying the fees. F. Park impact fees apply only to land acquisition in residential subdivisions. G. The demand factor for each type of residential development is the average population per unit for that type because the need for parks in a community is almost always based on population. H. The total acreage of city -owned park land will be use to determine the existing level of service for purposes of calculating impact fees for park-land"acquisition. I. Improved park acreage will be used to determine the�x%ting level of service for the calculation of impact fees for park improvements. J. Impact fees for other specialized development`\tyypp should be calculated in the same way, if the need arises. r`�� K. The period of greater than ten da s' or -P o adoption of this chapter, data has been F � Y F _. P available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. (Ord. No. 865, § 7, 6-1.8.2014) ==� Sec. 3.68.020. Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: ACrfy/servl.ce orea mens the entire city of Rftneho Gueamenga. tTDivelling unit shall includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space.designed to contain a mobilehome trailer on a semi-permanent or permanent basis. -F�.-Focihfies mean those park and recreation facilities, land, improvements, or infrastructure located in the city. Raneho Ctiemnqnga. 44 -.-Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. A -.Residential deuelopniew shAll includes all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. Study means the Development Impact Fee Study Report dated April 2014_ (Ord. No. 865, § 7, 6-18-2014) Page 151 of 496 Sea 3.68.030. Establishment and administration of Park In-lieu/Park Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund e*titled "Park In- lieu/Park impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of park and recreation assets in the city. B. A fee is imposed in the amounts set -forth in this chapter and shall be applicable to every dwelling unit as defined in section 16.51.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the Park In-lieu/Park Impact Fee. (Ord. No. 865, § 7, 6-18-2014) Sec. 3.68.040. Payment. The fee imposed by this chapter shall be due and payable upon issuance of a building permit or issuance of a certificate of occupancy, whichever occurs first, unless otherwise preempted by state regulations. (Ord. No. 865, § 7, 6.18-2014) Sec. 3.68.050. Fees. The fees imposed to be paid by this chapter shall=be set byresolution of the city council. (Ord. No. 865, § 7, 6-18-2014) Y Sec. 3.68.060. Fee exemptions. cject_,ii�sfbund In the event that a development prto have no impact on facilities for which impact fees are charged, such project must.be`xxemfpted from the fees. (Ord. No. 865, § 7, 6-18-2014) Sec. 3.68.070. Use of fees. ��� The city council finds that there is established a Park In-lieu/Park Fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expanded on the availability of park and re creation center assets in the city to serve new development. Those public facilities and other assets are identified in the 2014 Development Impact Fee Study. (Ord. No. 865, § 7, 6.18-2014) Sec. 3.68.080. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. (Ord. No. 865, § 7, 6-18-2014) Page 152 of 496 Title 4 RESERVED Page 153 of 496 Title Jr BUSINESS TAXES, LICENSES AND REGULATIONS* *Constitution reference—Limitation on taxes, fees, rates and charges, Calif. Const. arts. XIII -A, XIII -D. State law reference—Authority to license for revenue and regulation purposes and fix the license tax upon every kind of lawful business, Government Code § 37101. CHAPTER 5.04. BUSINESS LICENSES AND TAXES* *State law reference --Authority to license for revenue and regulation purposes and fix the license tax upon every bind of lawful business, Government Code § 37 10 1. ARTICLE I. GENERAL PROVISIONS Sec. 5.04.010. Purposes of provisions. This article and article Il of this chapter are enacted solely to raise revenue for municipal purposes and are not intended for regulation. (Code 1980, § 5.04.010; Ord. No. 21, art. I, § 2, 1978) Sec. 5.04.020. Definitions. For the purposes of this chapter, unless otherwise a arent from the context, the following words and phrases shall have the meanings set out belo Business means and includes professions, tri occupations and every other kind of calling carried on for profit or livelihood, whether p or livelihood is earned thereby. 9 -.Collector, as used in this chapter, means t city cial charged with the administration of this chapter. merchandise. DGEmployee means any e e ed in the operation or conduct of any business, whether as owner, member of the own mil , partner, agent, manager, or solicitor, and any or all other persons employed or working in h businesses. FJ)�Gross receipts includes the total amount of the sale price of all sales and the total amount charged or received for the perfdrmance of any act of service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of, or in, connection with, the sale of materials, goods, wares, or merchandise. Included in the term "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from the term "gross receipts" shall be: 1. Cash discounts allowed and taken on sales; 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold; 3. Any tax required by law to be included in, or added to, the purchase price and collected from the consumer or purchaser; 4. Such part of the sale price of property returned by purchasers upon the rescission of the contract of sale as is refunded either in cash or by credit; Page 154 of 446 5. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts.are paid to those for whom the same are collected; and 6. That portion of the receipts of a general contractor, which receipts represent payments to subcontractors provided such subcontractors are licensed pursuant to the provisions of this chapter and provided the general contractor furnishes to the collector the names and addresses of the subcontractors and the amounts paid each subcontractor. F-BGross payroll includes all salaries of owners, officers, partners, agents, and employees of the company based at that location in the city for the year immediately preceding any license application or renewal. The term "salary" shall mean wages, commissions, bonuses or other money payment of any kind which is received from or given credit for by his employer. It shall not include travel expenses incurred in the business of the employer and reimbursed by the employer. GNNoncommercial handbill means any handbill other than a commercial handbill HPPerson means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts businesses or common law trusts, societies, and individuals transacting and carrying on any business in the city other than as an employee. d14Starting date; m;iB, d e w en a newly established business first commences its operation. IGSworn statement means an affidavit swore authorized to take oaths, or a declaration or certification made under penalty o (Code 1980, § 5.04.020; Ord. No. 21, art. I, § 1, 1978; 1--3,1986) Sec. 5.04.030. Licenses required; excepti A. There are imposed upon the bu esse ra es, professions, callings, and occupations set forth in this chapter license taxes in the punts et forth in article Il of this chapter. It shall be unlawful for any person to trans on any business, trade, profession, calling, or occupation in the city without h 'n rocured a license from the city so to do or without complying with any and all appAillib_ ro ons of this chapter. B. The provisions ofN ion all not be construed to required any person to obtain a license prior to doing busthin the city if such requirement conflicts with applicable statutes of the United Statestate. C. The issuance of a license shall not infer that the applicant has satisfied any other city, . local, state or federal requirements. (Code 1980„ § 5.04.030; Ord. No. 21, art. 1, § 3, 19 78) State law reference ---Authority to license and regulate, Government Code § 37191. Sec. 5.04.040. License application. Every person required to have a license pursuant to the provisions of this chapter shall make an application for the license to the collectors. (Code 1980, § 5.04.040; Ord. No. 21, art. I, § 4, 1978) Sec. 5.04050. License application statement. A. Upon making an application for the first license to be issued pursuant to the provisions of this chapter or for a newly established business, the applicant shall furnish to the collector such other information _ as is necessary or convenient for the enforcement of the provisions of this chapter, including but not limited to, information authorized to be collected pursuant to 42 USC 405(c)(2 C i ' Page 155 of 496 In all cases where the amount of license tax to be paid is measured by gross receipts or gross payrollpgyroll the applicant shall also furnish to the collector his guidance in ascertaining the amount of license tax to be paid by the applicant, a sworn statement upon a form provided by the collector, setting forth such information as may be required on such form and as may be necessary to determine the amount of the license tax to be paid by the applicant. B. If the amount of the license tax to be paid by the applicant is measured by gross receipts, or grossaayrollhi—,the aRplicant shall estimate the gross receipts or gross payroll for the period to be covered by the license to be issued. Such report, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only. C. Such applicant shall, within 30 Icy -days after the expiration of the period for which such license was issued, furnish to the collector a sworn statement upon a form furnished by the collector, showing the actual, , or gross Ravroll during the period of such license. The license tax for such period shall be finally ascertained and paid in the manner provided in this article for fie -ascertaining the paying of renewal license taxes for other businesses after deducting from the payment found to be due the amount paid at the time such first license was issued. D. The collector shall not issue to any such person an er nse for the same or any other business until such person shall have furnished to him s s tement and paid the license tax as required in this section. (Code 1980, § 6.04.050; Ord. No. 21, art. I, § 5, 1978) Sec. 5.04.060. Licenses form. Upon the payment of the prescribed license which shall contain the following: ; A. The name of the person to w B. The type of business f r C. The place where the D. The date of the ex1A L. Such other infor provisions of this collector shall issue to the applicant a is issued; are issued; transacted and carried on; of tig' license; and may be necessary or convenient for the enforcement of the (Code 1980, § 5.04.060; Ord. No. 21, art. I, § 6, 19 78) Sec. 5.04.070. Licenses; denial; appeal procedure. A. Any. person aggrieved by any decision of the collector with respect to the issuance or refusal to issue a license may, within ten days of the date of the decision. appeal the decision to the eeaaeil city manager. or his or her desii ng ge. by filing a wriitten notice of appeal with the A-4 the-esisneil city manager. B. The eeaeB city manager. or his or her designee. shall thereupon fix a time and place for hearing such appeal within 30 04#AF--days of the date of said decision. The elerk of the eauneil aggrieved party_ shall bven notice to-s�te� of the time and place of the hearing by serving -githe notice personally or by depositing it in the United States Post Office in the city, certified mail, postage ,..,,paid addressed to R"�on the aggrieved party at his or her last Known address. C. The eek city manager. or his or her designee, shall have the authority to determine all questions raised on such appeal during the hearing. No such determination shall conflict with any substantive provision of this chapter. Page 156 of 496 D. Following such hearing. the city manager. or his or her designee, may reverse. modify affirm the decision of the collector with respect to the issuance or refusal to issue a license. The city managex§hall sgnder a decision within -& -reasonable period of time not to exceed 60 vim within thilft days of the conclusion of the hearing. The decision of the city manager, or his or her designee. shall be final. (Code 1980, § 5.04.070; Ord. No. 21, art. I, § 7, 19 78) Sec. 5.04.080. Separate licenses for branch establishments, multiple business activities. A separate license shall be obtained for each branch or location of the business transacted and carried on. Different business activities at the same location, where each is taxable on gross receipts, or gross payroll, may be combined or consolidated and one tax paid on the basis of the rate applicable to that one activity responsible for the largest percentage of gross receipts. The licensee shall have the right to apportion gross receipts and apply individual tax rates accordingly, if desired. However, warehouses and distributing plants used in connection with, and incidental to, a business license pursuant to the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided, further, for used car lots operated by one owner where no separate books are maintained for separate locations, a flat fee in the -awe of twenty five dell Fs per year shall be paid for each separate tion in addition to the tax for the gross receipts of the entire business, as provided in the raven a ions of this chapter. (Code 1980,'§ 5.04.080; Ord. No. 21, art. 1, § 8, 1918) See. 5.04.090. Licenses renewal. The applicant for every renewal of a licenst ascertaining the amount of the license tax to be form to be provided by the collector, sett' business during the preceding year as maw be r the amount of the license tax to be paid bAkhe al (Code 1980, § 5.04.090; Ord. No. 21, Sec. 5.04.100. Licenses No license issued pure to he #vision (Code 1980, § 5.04.100; Ord. No. 2 , I, § 10, 1978) Sec. 5.04.110. License location hanL fee. to the collector, for his guidance in by he applicant, a sworn statement upon a uo information concerning the applicant's by the collector to enable him to ascertain it pursuant to the provisions of this chapter. of this chapter shall be transferable. Where a license is* issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee in the amount of 5.0 &ve dellans, have the license amended tQ authorize the transacting and carrying on of the business under the license at some other location to which the business is, or is to be, moved. (Code 1980, § 5.04.110; Ord. No. 21, art. I, § 11, 1978) Sec. 5.04.120. License fee for duplication. A duplicate license may be issued by the collector to replace any license previously issued pursuant to the provisions of this chapter, which previously issued license has been lost or destroyed, upon the licensee filing a statement of such fact. At the time of filing the statement, the licensee shall pay to the collector a duplicate license fee in the amount of 2.004w&AeUa*a. (Code 1980, § 5.04.120; Ord. No. 21, art. 1, § 12, 19 78) Sec. 5.04.130. License posting and keeping. All licenses shall be kept and posted in the following manner: Page 157 of 496 A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on. B. Any licensee transacting and carrying on business, but not operating at a fixed place of business in the city, shall keep the license upon his person at all times while transacting and carrying on such business. (Code 1980, § 5.04.130; Ord. No. 21, art. I, § 13, 1978) Sec. 5.04.140. License taxes payment due date. A:Unless otherwise specifically provided, after payment of the initial license tax, all annual license taxes. provided in this chapter shall be due and payable one year from the initial starting date and on such date each year thereafter. as fel4ewsiz (Code 1980, § 5.04.140, Ord. No. 21, art. 1, § 14, 1978; Ord. No '198 Sec. 5.04.150. License taxes penalties for delinque Upon failure to pay any license tax when e, c for shall add a penalty of 50 percent of such license tax when due and owing 0 ays after the due date thereof. For new businesses he -penalty shall accrue 31 a following the business start . For purposes of this section, the computatio Jreof ays shall include all weekends and holidays except, if the 30th tietl}day s on a weekend or holiday, such 30th thiotietleday shall be deemed to be the next us (Code 1980, § 5.04.150; Ord. No. 21OW ,1 78; Ord. No. 21-A, § 1, 1983; Ord. No. 21B, § 5, 1986; Ord. 014kNo. 21-C, § 1, 1988) 0 Sec. 5.04.160. License conducted. managed or carried on by and/or o y for the benefit of any nonprofit organization, including fraternal societies orders or organizations religious charitable philanthropic scientific literary or educational organizations amateur sports or humanitarian organizations civic leagues social welfare and employees' organizations. nonprofit recreation clubs. Rolitical organizations. home owners associations and miliitar_v. federal. state. county or municipal organizations. B. The provisions of this chapter shall got bg dggmed or construed to mly to veterans aualifvina under Business and Professions Code % 16001. 16001.5. or 16001.7. A -C. The provisions of this chapter shall not be deemed or construed to apply to any person transacting and carrying on any business exempt from the payment of the taxes prescribed in this chapter by virtue of the Constitution or applicable statutes of the United States or of the state. B—D. No license tax provided for in this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon such commerce, such licensee or applicant may apply to the license collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six Page 156 of 496 months after the, payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business, the gross volume or estimated gross volume of the business, and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden on interstate commerce. The collector shall then conduct an investigation and, after having first obtained the written approval of the city attorney, shall fix as the license tax for the applicant an amount which is reasonable and nondiscriminatory or, if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license tax upon a percentage of grass receipts or any other measure which will ensure that J]lg license tax assessed shall be uniform with that assessed on businesses of like nature; provided, however, the amount so assessed shall not exceed the license tax as prescribed in this chapter. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of the termination of the applicant's business in the city or at the end of each three-month period, a sworn statement of the gross receipts of the applicant and require the applicant to pay the amount of license tax therefor; provided, however, no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this chapter. C,—.E. Any person claiming an exemption pursuant e provisions of this section shall file a verified statement with the collector, stating the fa poonn whi h the exemption is claimed. �b�. The collector shall, upon a proper showin YXine in the verified statement, issue a license to such person claiming an exemptionp t to the provisions of this section without payment to the city of the license tax required by his -81Ta F,-.-{'. The collector, after giving no . a reasonable opportunity for a hearing to a licensee, may revoke any license grai d p to the provisions of this section upon information that the licensee is not entitl to the xemption as provided in this section. (Code 1980, § 5.04.160; Ord. No. 21, art 16, State law reference --Exemption f arganizations, Government Code § 37101(c). Sec. 5.04.170. License tax an pe ies; civil actions by city for recovery. The amount of any lice ns x and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. An a may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license tax and penalties. (Code 1980, § 5.04.170; Ord. No. 21, art. I, § 17, 1578) Sec. 5.04.180. Statements; not conclusive. No statement required by the provisions of this chapter shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable. (Code 1980, § 5.04.180; Ord. No. 21, art. I, § 18, 1978) Sec. 5.04.190. Statements; records inspection and verification requirements. A. In an effort to obtain necessary information to establish fees, the city will proceed with a pre -audit request for such information. This pre -audit request will be in the form of a certified letter requesting verification of figures used to determine license ' fees. Such information is to be returned to the city within seven days of receipt of said request. B. The statements required by the provisions of article 11 of this chapter, and each of the several items therein contained, shall be subject to inspection and verification by the city manager Page 169 of 496 or his duly appointed deputy to examine and inspect such books and records of any licensee or applicant for a license as may be necessary to verify or ascertain the amount of license tax due; provided, however, such inspection and verification shall be limited to those books and records necessary to establish the necessary fees as enumerated in article II of this chapter. A certificate executed by a certified public accountant licensed by the state or a bona fide public accountant shall establish a rebuttal presumption that gross receipts of such licensee are as stated in the statements required by the revenue provisions of article II of this chapter. (Code 1980, § 5.04.190; Ord. No. 21, art. 1, § 19, 1978) Sec. 5.04200. Statements; confidentiality. The information furnished or secured pursuant to the provisions of sections 5.04.050, 5.04.090, 5.04.190 and this section 5 Q4 !2Q9 shall be confidential and used for official purposes. only, except for the following information contained in the business license application: business name, business telephone, business mailine address and physical business location the exact nature of the business for which the license is required, owner's name and the name of the principals, and the type of business entity. Any unauthorized disclosure or use of el -information that is confidential under this section by any officer or employee of the city shall constitute a misdemeanor, and such officer or employee shall be subje o the penalty provisions of the chapter, in addition to any other penalties provided by law. (Code 1980, § 5.04.200; Ord. No. 21, art. 1, § 20, 1978) Sec, 5.04.210. Statements; tax determination assessment procedure. A. If any person fails to file any required tate within the time prescribed or if, after demand therefor made by the collector, such per to file a corrected statement, the collector may determine the amount of license tax due from sugb-, person by means of such information as the collector may be able to obtain. B. If such determination is made, tQcoUeor shall give a notice of the amount so assessed by serving it in person or by dep United States Post Office of the eity, postage prepaid, addressed to the person t his last known address. C. Such person may, i 15 ays after the mailing or serving of such notice, make an application in writing to ollector for a hearing on the amount of the license tax. If such application is made, the collecto ll cause the matter to be set for hearing before the city council within 15 fifteen -days. D. The collector shall give at least ten days' notice to such person of the time and place of the hearing in the manner prescribed in subsection B of this section for serving notices of assessments. , E. Notices. The city council shall consider all evidence produced and shall make findings thereon which shall be final. A notice of such findings shall be served upon the applicant in the manner prescribed in subsection B of this section for serving notices of assessments. (Code 1980, § 5.04.210; Ord. No. 21, art. I, § 21, 1978) Sec. 5.04.220. Licensees subject to other laws. The term "license," as used in this chapter, shall not be construed to mean a permit. The payment of a business license tax required by this article, and its acceptance by the city, and the issuance of such license to any person shall not entitle the holder thereof to carry on any business unless he has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any business in any building or on any premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law. Page 160 of 496 (Code 1980, § 5.04.220; Ord. No. 21, art. I, § 22, 1978) Sec. 5.04.230. Collector powers and duties. A. The collector is hereby charged with the duty of carrying out and enforcing the provisions of this chapter. B. In addition to all other powers conferred upen h4a*-by this chapter, the collector shall have the authority, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 days and in such case to waive any penalty which would otherwise have accrued. Re -The collector shall have the further authority, with the consent of the city council, to compromise any claim as to the amount of license tax due. (Code 1980, § 5.04.230; Ord. No. 21, art. 1, § 23, 1978) Sec. 5.04.240. Effect of provisions. Neither the adoption of this chapter nor its superseding any portion of any other law of the city shall in any manner be construed to affect prosecution for the violation of any law committed prior to January 1, 1978, or be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any law to be posted, filed, or deposited, and ights and obligations thereunto appertaining shall continue in full force and effect. (Code 1980, § 5.04.240; Orel. No. 21, art. 1, § 24, 1978) Sec. 5.04.250. Enforcement authority. A. It shall be the duty of the collector, and 16 -the a is hereby directed, to enforce each and all of the provisions of this chapter, and th olice ief shall render such assistance in such enforcement as may from time to time be r collector or the ci council. B. The collector, in the exercise o odus imposed �-by the provisions of this chapter and acting through #is-depu sthorized assistants, shall examine, or cause to be examined, all places of busines in a ccertain whether the provisions of this chapter have been complied with. C. The collector, each < nd o or er assistants, and any police officer, shall have the power and authority to enter, free of c arge and at any reasonable times, any place of business required to be licensed by the provisions of this chapter and demand an exhibition of its license certificate. D. Any person, having such license certificate in his possession or under his control, who willfully fails to exhibit the same on demand shall be deemed guilty of a misdemeanor and subject to the penalties provided for. in this chapter. It shall be the duty of the collector and each of his or assistants to cause a complaint to be filed against any and all persons found to be violating any of such provisions. (Code 1980, § 5.04.250; Ord. No. 21, art. 1, § 25, 1978) Sec. 5.04.260. Violations of provisions. A. Any person who violates any of the provisions of this chapter or who knowingly or intentionally misrepresents to any officer or employee of the city or the fire district any material fact in procuring the license or permit provided for in this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punishable as set forth in this Code. B. For purposes of determining whether a business is being conducted in violation of the Provisions of this chapter, the use of any medium including but not limited to print or electronic media, to advertise hold out, or represent that the business is being conducted in the city, or holding an active license or permit_ issued by a governmental agency indicating that the business is Rage 161 of 496 being conducted in the city shall be considered prima facie evidence that the -business is being conducted in the city. isalpFiRstatement that he at, she is net eandueting a busiaess in the eity. (Code 1980, § 5.04.260; Ord. No. 21, art. I, § 26, 1978) Sec. 5.04.270. Remedies cumulative. All remedies prescribed in this chapter shall be cumulative, and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Code 1980, § 5.04.270; Ord. No. 21, art. I, § 27, 1978) ARTICLE II. GROSS RECEIPT TAXES; RETAIL, WHOLESALE AND OTHER BUSINESSES Sec. 5.04.280. Gross receipts takes; retail, wholesale, and ether businesse Every person who engages in a retail or wholesale or other business within the city, which business is not otherwise classified in this chapter, shall pay a license tax for each year based on the following: 1A., A.$23.00Tweet_• three dollars for the first receipts; B. If applicable, an additional $0.60 sidy- thereof will be added to the above for the gross receipts of the business; i C. If applicable, an additional thereof will be added to the of gross receipts; gross r portion of thousand 000 00 or portion D. If applicable, an addition ,15 � s per $1,000.00 or portion thereof will be added to a f r any amount of gross receipts over $500,000.00 -€we (Code 1980, § 5.04.280; Ord. N' t. II, 1978; Ord. No. 21B, § 6, 1986) Sec. 5.04.290, Gross receipts t s; professions, semi -professions and similar businesses. A. Every person who engages in a professional or semi-professional and similar businesses within the city, which business is not otherwise classified in this chapter, shall pay a license tax for each year based on the following: 1. 123.00 Twenty ;3reCaA'-for the first $25.000A0 f gross receipts; 2. If applicable, an additional $1.20 e a "^~ A -~a twenty Bents per1$ "000.00 thANAAAd deUars or portion thereof will be added to the above for the next $75.000.00 seveRty f gross receipts of the business; 3. If applicable, an additional JQ.50 fifty& -per $1,000.00 thousand dellars r portion thereof will be added to the above for the next $400,000.00 feuf h-4--fid-n-.4 themeand dollars of gross receipts; 4. If applicable, an additional 0.20 twenty eent&-per $1,000.00 thousand douars or portion thereof will be added to the above for any amount of gross receipts over $500,000,00five Page 162 of 496 5. In the case of real estate brokers maintaining an office within the city, all real estate commissions will be included when reporting the gross receipts of the business except such portion of gross receipts reflecting sales made of real property outside of the city, where the outside sales are required to be reported and business license tax paid thereon to another community. In the case of real estate brokers maintaining an office within the city, gross receipts shall not be reduced because of any compensation paid, directly or indirectly, to a real estate salesperson licensed under such broker. In the case of real estate brokers not maintaining an office within the city, only real estate salesmen's commissions from sales of real property within the city shall be reported as gross receipts. B. Enumerated. Professions, semi-professional callings, and similar businesses shall include, but not be limited to, the following: 1. Accountants; 2. Advertising agents (except outdoor advertising); 3. Appraisers; 4. Aquarians; 5. Architects; £. Artists; 7. Assayers; 8. Attorneys at law; 9. Bacteriologists; 10. Certified public accountants; 11. Chemists; 12. Chiropodists; 13. Chiropractors,- 14, hiropractors;14. Chirothesians; 15. Collection agents, 16. Consulting engineers; 17. Credit counselors; 18. Credit raters; 19. Dentists; 20. Designers and illustrators; 21. Directory publishers; 22. Doctors of medicine; 23. Draftsmen; 24. Drugless practitioners; 25. Electrologists; 26. Employment agencies; 27. Engravers; 28. Engineers (civil, chemical, structural, or hydraulic); Page 163 of 496 29. Engineers (mechanical); 30. Entomologists; 31. Escrow services,- 32. ervices; 32. Geologists; 33. Insurance broker adjusters; 34. Insurance claims adjusters; 35. Laboratories; 36. Landscape architects; 37. Lapidaries; 38. Lithographers; 39. Masseurs or masseuses; 40. Oculists; 41. Optometrists; 42. Osteopathic physicians; 43. Personnel consultants;' 44. Physicians; 45. Psychologists; 46. Real estate brokers; 47. Stockbrokers/salesmen; 48. Surgeons; 49. Surveyors; 50_ Taxidermists; 51. Veterinarians; and . such other occupations as the city council shall, from time to time, by resolution, determine to be a profession, semi-professional calling`or similar business. (Code 1980, § 5.04.290; Ord_ No. 21, art. II, § 2, 1978; Ord. No. 208, § 1, 1983;.Ord. No. 21B, § 7, 1986) Sec. 5.04.300. Gross r-ee ,ipts tare ;Entertainment and amusements. Every per§on who, within the city; conducts any entertainment dr amusement set forth in this section shall pay a license tax as follows: A. Tax rate: 1. A base tax of $20.00 twenty della will apply in all cases; 2. In addition, $1.80 ^ e ,sella • and eighty e per $1,000.00 thousand chit --s will be added to the base tax for the first $100,000.00 of gross receipts of the business during the calendar year or part of the calendar year; 3. If applicable, an additional $1.00 E)ae 4911arper $1,000.00 thousand 4ellaFs will be added to the above for any amount of gross receipts over $100,000.00 A -Re hu-nd.-e- B. Dancing is subject to the provisions of this chapter 4 e f title 5 of this Code. Page 164 of 496 C. Entertainment and amusements and similar business shall include, but not be limited to, the following: 1. Arcades; 2. Billiard rooms or poolrooms; 3. Bowling lanes; 4. Carnivals; 5. Circuses; 6. Exhibitions; 7. Motion picture and other theaters; Music machines'- 9. achines; 9. Nightclubs; 1O.—Skating rinks; and 11. Skill game machines. (Code 1980, § 5.01.300; Ord, No. 21, art.. II, § 3, 1978) Sec. 5.04.310. Gross receipts tax; contractors, rent �;an persoa' \services. A. Every person who engages in the above classification of'busi esses, which business is not otherwise classified in this chapter shall pay a license_tax for each year based on the following: 1. A base tax of 120.00 twenty della will �`ppp y ja 11 ac ses; 2. In addition, $0.90 per. 11000.00 OL111S^.,a aAllars will be added to the base tax for the first $100,000.00 e ~ »ar�a` �'�^,• a a,.'1,...,, ^f gross receipts of the business during the year; 3. If applicable, an additional= 0:40 per $1,000.00 thousand dell rs will be added to the above for the nextAj-650;000.QO siN. hundred fifty that ,.,,...a dollars f gross receipts of the business; �� \� 4. If applicable, an additional , QM twenty five eents per L1,000.00 thousand dail Fs will be added to the above for,any amount of gross receipts over $750,000.00 seven hundred fifty thausand dollars f gro s�rreeceipts. B. Contractors shall include general contractors, developers, engineering contractors, and all subcontractors doing work within the city. General contractors may deduct from gross receipts, contract amounts paid to subcontractors who are licensed by the city upon furnishing a list of the names, addresses and contract amounts paid to such subcontractors. C. Rentals shall include hotels, motels, apartments, apartment courts, roominghouses, duplexes, triplexes, trailer courts, mobilehome parks, and similar rental units having four or more units, spaces or rooms on contiguous property in the city. In the event of the sale of any property described in this subsection, the holder of a license therefor may apply for a refund of the tax for any full quarter remaining to the end of the tax year on condition that the buyer shall have paid the license tax for the quarter year in which the sale was completed and for the balance of the tax year including any penalties due. D. Personal services shall include, but not be limited to, the following: 1. Barbershops; 2. Beauty shops; 3. Boardinghomes; 4. Boarding schools; 5. Convalescent centers; 6. Day care; 7. Detective agency; 8. Gardening; 9. General maintenance; 10. Institutions; 11. Janitorial; 12. Nonexempt hospitals; 13. Nursery schools; 14. Nursing homes; 15. Rest homes; 16. Sanitariums; and, 17. Welding service. E. Issuance of any license for personal care Rlanning_zea4atdeoartment of the city, and evidence or certificate as may be required by an agency of the (Code 1980, § 5.04.310; Ord. No. 21, art. II, § 5, 1978; HC 1 State law reference—License of contractor authorize Gc Sec. 5.04.320. Gross receipts taxes; de A. Every person, not having a fix( wares, or merchandise by the use 90%, on the following: 1. A base tax of Page 165 of 496 be d upon compliance with the e appi ant has a valid license, permit d/or county. 8, 9, 1986) Code § 37101.7. other than occasional. 'business within the city, who delivers goods, city shall pay a license tax for each year based apply in all cases; 2. In addition, $9.60 per $1,000. will be added to the base tax for any gross receipts in cess of $10.000.00 resulting from sales in the city from all vehicles, routes, etc., for a tax year. B. For the purpose of this section, the term 'occasional" shall mean not more than one delivery per calendar month. (Code 1980, § 5.04.320; Ord. No. 21, art. II, § 7, 1978; Ord. No. 21B, § 10, 1986) Sec. 5.04,330. Gross receipts taxes; rental of commercial property. Every person who engages in the above classification of business shall pay a license tax for each year based on the fallowing: A. A base tax of $20.00 twenty dollars -will apply in all cases; B. In addition, SL.90 per $1-000.00 will be added to the base tax for the first '$100,000.00 f gross receipts of the business during the year; C. If applicable, an additional $0.40 rn-per $1,000.00 will be added to the above for the next $650.000.00six hundred fifty thousand dA11APA of gross receipts of the business; Page 166 of 496 D. If applicable, an additional IQ15 twenty five ee*ts per $-1000.00 will be added to the above for any amount of gross receipts over $750.000.00 seven hundred fifty thousand dellars f gross receipts. (Code 1980, § 5.04.330; Ord. No. 21, art. II, § 8, 1978; Ord. No. 504, § 1, 1992) Sec. 5.04.340. Gross payroll taxes. A. Every person acting in the city as a manufacturer, processor, fabricator, administrative headquarters or warehouse only shall pay a license tax for each year based on the following: A base tax of $20.00 will apply in all cases;. 2. In addition, JQ.60 cry eents per $1,000.00 will be added to the base tax for the first $100,000.00 f gross payroll, of the business during the tax year; 3. If applicable, an additional $0.25 twenty five een4e-per $1,000.00 will be added to the above for the next $900.000.00 nine hoodred thousand dAURVA f gross payroll of the business; 4. If applicable, an additional $0.10 &-per $1,000,00 thousand dellars will be added to the above for any amount of gross payroll ov 00 0Q0.0 provided that the maximum license fee based on a Sll be 11,000.00 deailnually. r B. This section shall also include, but not be limite% 6, the 1. Finance company; 2. Loan company; 3. Publishers; and 4. Radio and T.V. stations. (Code 1980, § 5.04.340; Ord. No. 21, Sec. 5.04.350. Flat rate Every person who, within this subsection shall pay a lic regulatory section of this Code N 4C1, -)()rd. No. 21B, § 11, 1986) ing: regulatory businesses. ity, Mgages in any of the businesses or occupations set forth in tax as follows; in addition, each person shall comply with the applies to each respective case: A. Advertising by bill posting and distributing handbills, except for noncommercial handbills $200.00 per year, or $100.00 per quarter, $50.OQ cft•• deMarn per week, $25.00 twenty fi* -'Allam per day; provided, however, no fee shall be charged for licenses to distribute noncommercial handbills; and provided further, if any such license is surrendered by the licensee or revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of any part of such fee; B. Ambulance operators, for business licenses for ambulance service and related health service; $35.00 this -t . five de4a*&-per year for each ambulance; C. Auctioneers: $75.00 s..... aty five d, loafs per year for each auctioneer, with a maximum of $225 twe hundred twenty-five -dollars; D. Dancing clubs where admission is charged and public dances, public dancehalls, and any dance floor or ballroom open to the public: $10.00 ten dollars for each dance or day of operation, or 125.00 twenty fWe dellans per quarter, in addition to any other business licenses tax required of the operator of the premises; Page 167 of 496 E. Peddlers and persons soliciting, canvassing, or taking orders from house to house or from place to place in the city, or for any goods, wares, merchandise, or article to be delivered in the future, or for services to be performed in the future, or making, manufacturing, or repairing any article whatsoever for future delivery: $10.00 ten day, or 50.00 fty—de9lar---per year, or fraction thereof, for the first solicitor, and for each supplementary license, except for charity solicitors: $25.00 twenty five 4&4a+^ per year, or fraction thereof, provided, however, every solicitor or other person claiming to be entitled to an exemption from the payment of any license tax provided for in this chapter upon the grounds that such license tax casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce shall comply with all the provisions set forth in this chapter except that, upon the approval of such solicitor's or other person's application, . the collector shall cause to he issued to such person a free permit which shall be worn in the manner prescribed in section 5.04.130; and other exemptions from the payment of license taxes may be granted by resolution of the city council; F. .Photographers with no local place of business:. 75.00 seventy f••^ dallar^ per year, plus 50.00 fifty dallaps.per year for each solicitor, subject�'to the provisions of subsection EG of this section; G. Taxicab and automobile for hire operators: $24.00 W�.'e •t- • • d^"^r-^ per year; H. Cocktail lounges: $100.00 ^^^ h-undreddall peer.year for each location; I. Photographers with no local place of business: Where a payment or deposit is demanded or accepted in advance of final delivery by photographers with no local place of business, cash or surety bond in the sum of--- 500.00 r.•y r.und.,ea a^"^"^ shall be furnished the collector to guarantee the deliver,yy or the.ref ni d of the deposit. (Code 1980, § 5.04.350; Ord. No. 21, art. II § 6, 1978) Sec. 5.04.360. Public utilities. Any public utility operating -in the city under a franchise or franchises from the city and which public utility makes franchise payments thereunder shall be subject to the provisions of this chapter only to the extent it�e gages in retail merchandising within the city not covered by franchise or maintains a business office in the city. (Code 1980, § 5.04.360; Ord. No. 21, art. I1, § 9, 1978) Sec. 5.04.370. Swap meets. Every person advertising, conducting, maintaining, promoting, or carrying on a swap meet shall pay a license tax of $50.00 fifty ,,ally s per year, or fractional part thereof. In addition, such person shall pay an additional '2.00 +•+••°sper quarter for each occupied area occupied by individual vendors participating in such swap meet. The total amount due per quarter will be based on the highest number of occupied areas for a given day during the quarter. The maximum annual license will be $10,000.00 to tr.^.•..^..a loll p (Code 1980, § 5.01.:370; Ord. Na. 21, art. II, § 10, 1978) CHAPTER 5.08. BINGO* *Constitutional law reference—Authority for the legislature to authorize bingo for charitable purposes, Calif. Const. Art_ IV, § 19(c). State law reference Licensing for remote caller bingo, Business and Professional Code § 19850 et seq.; authority to permit bingo, Penal Code §§ 326.3--326.5. Page 168 of 496 Sec. 5.08.010. Definitions. For the purposes of this chapter, the words set out below shall have the following meanings: A7Bingo means a game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that whiehconform to numbers or symbols selected at random and announced by a live caller. G. B.Mobilehonte park associations means those organizations that are formed by the residents of mobilehome parks within the city. 4-.-Reniote caller bingo means the use of audio and video technologv to allow the remote calling of a live bingo game from a single location to multiple locations D. GSenior citizen organizations means those organizations formed for the benefit of senior citizens living primarily in the city. B.Afebileheme pap4e aeeeeiatienB means these arganizations that a 4-%-- for—med- by the resid&ms C -Senior citizen organizations means those citizens living primarily in the city. (Code 1980, § 5.08.010; Ord. No. 90, § 2, 1979) Sec. 5.08.020. Eligible organizations. Bingo games may be conducted only by org and corporation tax by Revenue and Taxation 23701g, 23701k. 237011, and 23701w and organization formed for the benefit of senior Zs pted from the payment of the bank § 37 a, 23701b, 23701d, 23701e, 23701f, iv mo lehome park associations, charitable citizen organizations; provided, that the proceeds of such games are used only fo charit le purposes, prizes and operational costs; and provided further, that any organization thoed to conduct bingo games comply with the provisions of this chapter and Pen § . (Code 1980, § 5.08.020; Ord. No. 90 1, State law reference—Aut ty ct bingo games, Penal Code § 326.5; qualifications for organization to receive license to uct re ote caller bingo, Penal Code § 326.3(b)(4). Sec. 5.08.030. License require No eligible organization shall conduct a bingo game unless it has first applied for and obtained a license from the city pursuant to the provisions of the chapter. (Code 1980, § 5.08.030; Ord. No. 90, § 3, 1979) Sec. 5.08.040. License application. Any organization which is eligible under section 5.08.020 may apply in writing for a license to conduct bingo games to the business license division of the finance dei)artment. The issuing authority shall be the finance director. (Code 1980, § 5.08.040; Ord. No. 90, § 4, 1979) Sec. 5.08.050. License contents of application. A. The application for license shall contain the following:. I. The name and address of the organization; 2. The address within the city at which the bingo game will be conducted, and the occupancy capacity of such place; Rage 169 of 496 3. The legal names, residence addresses, home telephone numbers, drivers' license numbers, and social security numbers of the directors and officers of the organization; 4. The basis for eligibility; 5. The date on which the organization was organized for the purpose stated in the application, and the date on which the organization actively began to pursue the purpose stated in the application; 6. The proposed days of the week and hours of the day for conduct of bingo games; 7. The bank and account number of the account into which proceeds of the bingo game shall be deposited; 8. The name and address of the person who will be responsible for keeping the books of the organization; 9. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code § 326.5 and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the finance director upon violation of any such provisions; 10. Any other information specified by the finance which is reasonably required to complete the investigation on any application; 11. The application shall be signed by the offic o& -the applicant organization under penalty of perjury. B. The license fee fixed by the city council y re ti shall accompany the application. C. In addition to the foregoing information he fo wing documents shall be attached to the application: 1. If the organization is a cc bylaws. If the organization 2. Certified copies of the "4 Tax Board and Inter.I (Code 1980, § 5.08.050; Ord. No. 9( State law reference—Authority to fled copies of its articles of incorporation and corporation, certified copies of its bylaws; _V Tax Exempt Status" from the California Franchise ""Service, except for charitable charitable organizations affiliated park associations or senior citizens organizations. 1979) rise and impose a license fee, Penal Code § 326.5(1)(2). Sec. 5.08.060. License investigation. The finance director shall examine all applications filed under section 5.08.050 her -per shall shake, or cause to be made, such further investigation of the application and the organization as he shall deem necessary in order to perform his duties under this chanterie. Upon request by the finance director, the organization shall make available for inspection by the finance director, or his authorized representative for such purposes, all of the organization's books, records, and papers at any reasonable time before the license is granted, during the time a license is granted, during the time a license is in effect, or after a license has expired, or after a license has been suspended or revoked. (Code 1980, § 5.08.060; Ord. No. 90, § 6, 1979) Sec. 5.08.070. License standards for granting or denying. A. The finance director may issue the license provided for in section 5.08.050 whenever he finds the following facts to exist: That all of the statements made in the application are true; Page 170 of 496 2. That the organization is qualified under section 5.08.020; 3. No evidence that a director, officer or employee of the organization has engaged in any fraudulent transaction or enterprise; 4. That the bingo games shall be controlled, supervised and conducted only by a director, officer or employee of the organization; 5. That the organization has consented to inspection of the premises where the bingo games shall be conducted, and the books and bank accounts relating to the proceeds from the bingo games. B. The finance director may deny a license whenever he finds that any one or more of the facts in subsection A of this section do not exist. (Code 1980, § 5.08.070; Ord. No. 90, § 7, 1979) Sec. 5.08,080. License contents. A. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city, the finance director shall issue a license to the applicant which shall contain the following information: , 1. The name and nature of the organization to whom 2. The address where bingo games are authorized 3. The occupancy capacity of the room in which 4. The date of the expiration of such liceP,,C a issued; 5. Such other information as may b-er provisions of this chapter. B. Any organization holding Aaenal at the location wherein it shall cons b: C. Any license issued er I transfer shall void the licen (Code 1980, § 5.08.080; Ord. N\reaqui, 1979) Sec. 5.08.090. Accounting rement is issued; are to be conducted; be December Met of the year it is desirable for the enforcement of the this chapter shall post it in a prominent place mes. shall not be transferred and any attempted All profits derived from a bingo game shall be kept in a separate special account or fund and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenditures received and disbursed in connection with its operatipn, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this chapter. All profits derived from a bingo game shall be used only for the charitable purposes. The city, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available. (Code 1980,15.08.090; Ord. No. 90, § 9, 1979) Sec. 5.08.100. Conduct of games. Each organization holding a license under this chapter shall conduct bingo games in accordance with the following requirements: A. No minor shall be allowed to participate in any bingo games; Page 171 of 496 B. The licensee shall conduct bingo games on property as listed on the license application form; C. All bingo games shall be open to the public, not just to the members of the licensee organization; D. A bingo game shall be operated and staffed only'by members of the licensee organization. No person shall receive or pay a profit, wage or salary from any bingo game; E. No individual, corporation, partnership or other entity except the licensee organization shall hold a financial interest in the conduct of such bingo game; F. No person who is obviously intoxicated shall be allowed to participate in a bingo game, and no alcoholic beverage shall be allowed to be consumed in the room in which the bingo game is being conducted; G. No person shall be allowed to participate in a bingo game, unless a person is physically present at the time and place at which the bingo game is being conducted; H. The total value of prizes awarded during the conduct of any bingo game shall not exceed 250.00 two- hund-ved fifty aa"arsin cash or kind, or both for each separate game which is held; 1. No licensee shall conduct bingo games. more than two-days%per calendar week and more than six hours out of any 24-hour period. No bingo gameesshVall be conducted before 10:00 a.m. nor after 11:59 p.m. of any day. (Code 1980, § 5.08.100; Ord. No. 90, § 10, 1979; Ord. NoC90 A § 1ti1�97} See. 5.08.110. Attendance limitation. 19 Notwithstanding that bingo games are op n to-the�public, attendance at any bingo game shall be limited to the occupancy capacity of thjroom ihU�which such game is conducted as determined by the fire department and building d; ion�f the city in accordance with applicable laws and regulations. Licensee shall not reserve eats or -"space for any person. (Code 1980, § 5.0$.110; Ord. No. 90,_§ 1 1979) Sec. 5.08.1.20. Bingo games„ond \ted by no more than two licensees on one parcel of property. \X\”, A. No more than two licensees shall conduct bingo games on any one parcel of property. One of those licensees shall own or lease the subject parcel and shall use it as an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the went the described property ceases to be used as an office or as a place for performance of the purposes for which one of the two licensees is organized, both licenses shall terminate. B. Notwithstanding such termination, any eligible organization may apply for a license pursuant to this chapter to be utilized at another location which qualifies pursuant to the provisions of this section. (Corte 1980, § 5.08.120; Ord. No. 90, § 12, 1080 1979; Ord. No. 90-A, § 2, 1997) Sec. 5.08.130. Reporting requirements. A. Each organization holding a license under this chapter shall file a written report, on a form provided by the finance director, every calendar quarter. Page 172 of 496 B. The reports required by this section shall be filed with the finance director within ten days of expiration of each reporting period; and such reports shall contain the names and addresses of any new director or officer of the organization. C. Any license issued under this chapter shall be suspended for any failure to comply with the reporting provisions of this section; and notice thereof shall be given by registered mail to the address shown on the organization's application. D. Any organization whose license has been suspended under this section shall cease to conduct any bingo games until further notice from the finaneg director. (Code 1980, § 5.08.130; Ord. No. 90, § 13, 1980) Sec. 5.08.140. License renewals. A. At least 30 thirty -days prior to the expiration of any license hereunder, the licensee organization may apply to the license official for renewal of its license under this chapter. The application for renewal shall be on a form provided by the license official, and it shall determine whether the information provided on the original application is still true. B. The fin4g g director shall not renew a license if he finds that any of the facts listed in section 5.08.050 no longer exists,. or that the organization lying for renewal has failed to comply, in any respect, with the provisions of this chapter. (Code 1980, § 5.08.140; Ord. No. 90, § 14, 1980) Sec. 5.08.145. Remote caller bingo authorized. A. Notwithstanding any other provision o this e, mote caller bingo may be lawfully played in the city of Ranehe Guesmeaga.pursu t to provisions of Penal Code §§ 326.3 and 326.4, and this chapter, subject1 requirements and restrictions set forth in this section_ B. Eligible organizations. Onl th org zations specified in section 5.08.020 e€ -this eher are eligible and authorize ply license or license endorsement to conduct remote caller bingo. It is unlawful to pl er bingo in the city without such license or license endorsement. /1 C. License and operatinquire�ents. 1. In order to conduct rem `caller bingo, any eligible organization may apply for a license, or license endorsement if such organization already possesses a current, valid license issued pursuant to section 5.08.07 ee. Each applicant for a license or endorsement shall comply with and be subject to the licensing procedures set forth in sections 5.08.050 through 5.08.080; provided, however, that, the finance director may require such additional information be provided as deemed necessary to ensure that the applicant complies with all requirements of California Penal Code § 326.3. Each license endorsement shall expire upon the expiration of the underlying license, and any license or license endorsement may be renewed pursuant to the procedures in section 5.08.140. Each remote caller bingo license or license endorsement issued pursuant to this chapter is subject to the conditions contained in sections 326.3 and 326.4 of the Penal Code, and each licensee shall comply with the requirements of those provisions. 2. Each eligible organization issued a remote caller bingo license or license endorsement pursuant to this chapter ("licensee") shall comply with all applicable provisions of California Penal Code §§ 326.3 and 326.4, including, but not limited to, the following additional conditions. Page 173 of 496 a. Demote caller bingo games may only be conducted on property owned or leased by, or donated for use by, the licensee. b. Subject to the limitations in section 5.08.110, no more than 750 players may participate in a remote caller bingo game in a single location. C. Every licensee shall provide the California Gambling Commission not less than ten 40)wdays prior written notice of its intent to conduct remote caller bingo, which shall include all information described in California Penal Code § 326.36)(4). d. The licensee is responsible for ensuring that the provisions of this chapter and California Penal Code §§ 326.3 and 326.4 are complied with by the licensee and its officers, employees, volunteers and members, and any violation of any of said provisions by any of the foregoing shall be imputed to the licensee. In addition to criminal penalties imposed by law, substantial evidence of a violation of any provision of this chapter, any provision of the foregoing Penal Code sections, or of any other law involving fraud or theft in connection with conducting or sponsoring a bingo game, shall constitute cause for the suspension and/or revocation of the licensee's license in accordance with the procedures set forth in section 5.08.150. of this ehaptet,; D. The provisions of this section 5.08.145 shall gov y inconsistent provisions of any other section of this chapter. (Code 1980, § 5.08.145; Ord. No. 828, § 1, 4-7-2010) State law reference—Remote caller bingo authori §§ 326.3, 326.4; remote caller bingo licenses, Business and Professions Code § 19850 et se Sec. 5.08.150. License revocation. A. Whenever it shall be shown or hens the finance director has knowledge that any organization, or agent thereof, hold g cen under this chapter has violated any of the provisions of this chapter, the fin all immediately suspend the license and give the organization written notice by a mail of the suspension and a brief statement of the reasons therefor. B. Upon receipt of the tice f suspension," the organization whose license has been suspended shall cease from con 'ng any bingo game, and its failure to do so shall constitute a separate and further violation of t is chapter. Pi—reeteff SAM–] invite the organiisation whose heense heig been suspeaded to par-tieipate in a hearing te be held withh-in days of the date efthe squispeasion to show eause why the heense ehmald ;44 he permanently revoked. At the hearing, the erganization whose heense was suspen shall have the Fight te present e3vi4enee as to the faets ope-p. whip -h– th-e Ananee Pireeter base4 , M.Aheth—er-r ehapter has been violated. Within fifteen days after the hearing the Finanee Diree (Code 1980, § 5.08.150; Ord. No. 90, § 15, 1980) Sec. 5.08.160. Appeal. A. In the event of any finding or decision of the finance director which is adverse to the application of an organization for a license or renewal thereof under this chapter, or if a license is suspended or revoked, the organization may appeal to the city manager, or his or her designee. by Page 174 of 496 filing a written reguest for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision Upon receipt of a timely appeal the aggrieved party shall be given notice of a hearing to be held before the city manager, or his or her designee within 30 th+A-days of the date of said notice. The cid manager, or his or her designee shall bear the burden of Rroof and no fee shall be charged for such appeal Thp city manager or his or her designee, shall render a decision within a rgggonable amount of time not to exceed 60 ei2r=-days of the conclusion of the hearing. The decision of the city manager, or his r her designee, shall be final. (Code 1980, § 5.08.160; Ord. No. 90, 116, 1979) Sec. 5.06.170. Violations; penalties. A. It is a misdemeanor for any person to receive or pay a profit, wage or salary from any bingo game authorized by this chapter. A violation of this subsection shall be punished by a fine not to exceed $10.000.00. which fine shall be deposited in the general fund of the city. B. Any other violation of this chapter by any person, o anization or entity shall constitute a misdemeanor and may be punished by, a fine not to teed5$ 000 , or imprisonment in the county jail, not to exceed six wont , o oth,r-/ C. The city may commence on action in a rt competent jurisdiction to enjoin any violation of this chapter. (Code 1980, § 5.08.170; Ord. No. 90, § 17, 1979) 5.16ML-K PERMITS* *State law reference—Uniform film perms._ Goveriment Code § 14999.20 et seq.; authority to adopt regulations, Government Code § 14 permit for the use of property for commercial filming, Government Code § 65302.9; author' opt ordinance governing issuance of permits for use of property, Government Code § 65850.1. Sec. 5.16.010. Purpose an t. This chapter is intended to dardize filming permit procedures to facilitate filming within the city, to ensure that such ac vity is consistent with the public health, safety and general welfare and the protection of property. (Code 1980, § 5.16.010; Ord. No. 410, § 1(part), 1990) Sec. 5.16.020. Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as set out in this section, unless it is apparent from the context that a different meaning was intended: Charitable purposes means filming or videotaping for a motion picture or television production conducted by an organization in which no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or tapes. 1 --City means the City of Rancho Cucamonga, a municipal corporation formed and operated pursuant to the laws of the state . b -Film or filming includes, but shall not be limited to, feature motion pictures, videotapes, television and commercials. Page 175 of 496 News purposes, as specified in this chapter, means filming or videotaping for television news broadcasting by reporters, photographers, or camera persons in the employ of a newspaper, news service, or similar entity, of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest. The filming or videotaping of such shall be for regularly scheduled news programs (but not magazine or documentary programs) and special news programs which are not preplanned and are broadcast within 24 twenty hours after the event. Permittee means any person, firm, corporation or group or combination acting as a unit to whom or which a film permit is granted by the city under the provisions of this chapter. F4 Production, means the activity of making a film for commercial or noncommercial purposes on property owned by the city or on private property within the jurisdiction of the city. (Code 1980, § 5.16.020; Ord. No. 410, § 1(part), 1990) Sec. 5.16.030. Permit required. Except as otherwise provided, it shall be unlawful for any person in the business or activity of filming, videotaping or producing motion pictures on motion picture film or electronic videotape for public exhibition as motion pictures or for television, at any place within the city, other than at or in an established motion picture or television studio or entirely within an enclosed structure or building, with no outside storage of filming equipment, without film permit from the film permit officer. Any person interested in filming within . the city shall—complete in full. a film permit application as stated in this chapter and provide to the city all th e,� formation requested therein. (Code 1980, § 5.16.030; Ord. No. 410, § 1(part), 1990) See. 5.16.040. Exemptions. The provisions of this chapter shall not A. The filming or videotaping of mo.fion pictures solely for private or family use; B. The filming or videotaping of motion pictures for use in a criminal investigation, civil 1:1_1 N11- _-Zproceeding, and emergencies such as -fires, floods, police actions, etc.; /�"\ .ice— i C. The filming or videotaping\of``motion pictures for news purposes (but not magazine or documentary programs); \moi D. Education, government\,and public access and local organization programs for cable television systems franchised within the city,- E. ity;E. The filming or videotaping of motion pictures by the city itself (e.g. videotaping of sewer lines and media services programming); and F. Any other activity as deemed in the public interest by the film permit officer. (Code 1980, § 5.16.040; Ord. No. X110, § 1(part), 1990) Sec. 5.16.050. Film permit officer responsibilities. This chapter shall be administered by the community development director whose responsibilities shall include the following functions to be carried out either directly or by subordinate employees: A. Marketing. Attraction of motion picture production to the city; B. Coordi.nation. The film permit officer shall work directly with the permittee to assist in expediting to the greatest extent possible the issuance of all use permits necessary for motion picture production, by coordinating all city department reviews and approvals. If other non -city agencies have jurisdiction, the film permit officer shall notify such overlapping jurisdictions and shall inform the permittee in writing on the permit. Page 176 of 496 (Code 1980, § 5-16.050; Ord. No. 410, § 1(part), 1990) Sec. 5.16.060. Fees. A. Each application shall be accompanied by a nonrefundable application and investigation fee payable to the city which shall be set by resolution of the city council; provided, however, that no fee shall be required of applicants filming or videotaping for motion picture or television production for charitable purposes, as defined in section 5.16.020. B. If the film permit officer determines that any potential danger to the public's health, safety or general welfare or property would be eliminated by the presence of police or fire protection at the site of the filming or videotaping for motion picture or television production, the film permit officer may grant the film permit upon condition that the permittee pay in advance to the city, the costs of such police or fire protection as may be required. C. For filming permits which necessitate the city to provide services to the permittee in addition to police or fire protection, service charges shall be imposed. Such charges will be determined by the applicable servicing city department{f4 and shall be based on the actual cost incurred by the city in providing such services. Such service charges shall include, but shall not be limited to, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, etc. Additional charges may be imposed to cover the cost of extraordinary film permit investigation and/or staff costs, if the city manager feels^this--is necessary. D. In addition to the feed} required in this secti� a business license tax (whatever the current rate may be) shall also be required and shall be payable to the city. (Code 1980, § 5.16.060; Ord. No. 410, § 1(part), 1990) Sec. 5.16.070. Permit application. �!! An applicant must submit a permit requ� on -a -standard application form as established by the California Film Commission, at least two working days prior to the date on which such person desires to conduct filming activity, including,preparation, shooting and strike days. l,f such activity interferes with traffic or involve s,st nts or special effects, an application must be submitted at least four working days in adya c"nd`ten'working days in advance for road closures. Permit application information mayA giveri-,by the production company to the city by telephone. The production company shall 1 eepJ/copy of the permit posted on-site in a conspicuous place at all times. (Code 1980, § 5.16.070; Ord. No. 410, § 1(part), 1990) Sec. 5.16.080. Determination by film permit officer. Before granting any film permit pursuant to this chapter, the film .permit officer shall determine that such filming or videotaping for motion picture or 'television production will not unreasonably interfere with the public health, safety and general welfare or unreasonably endanger any property. In making this determination, the film permit officer shall take into consideration the noise, traffic hazards, fire hazards and other environmental problems, including health and safety which are likely to be caused by such activities. In granting the permit, the film permit officer may further impose any reasonable conditions as are necessary to protect the public health, safety and general welfare or property. (Code 1980, § 5.16.080; Ord. No. 410, § 1(part), 1990) Sec. 5.16.090. Appeal to city council. A. Any applicant aggrieved by any decision of the film permit officer with respect to a film permit may appeal such decision to the city council within ten days following notice of such decision. Page 177 of 496 B. A written request for such appeal shall be filed with the city clerk and all such requests shall contain the following information: 1. The name and address of the applicant; 2. The date of the decision in question; 3. The reasons for the appeal; and 4. The grounds relied upon for relief. The appeal request shall be accompanied by a nonrefundable appeal fee in the amount to be set by resolution of the city council. Upon receipt of the appeal request, the city clerk shall set the matter for hearing at a regular meeting of the city council not later than 30 thirtydaysfollowing the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, by certified mail, no later than ten days prior to the date set for the hearing. The notice may also designate certain records that the applicant is required to produce at the time of the hearing. C. At the hearing as prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant. The city council may require the presentation of additional evidence from either the applicant or the city, or=from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the city council may, by resolution with findings, approve, reverse or modify the decision of the city manager and such decis on of tINcity council shall be final. (Code 1980, § 5.16.090; Ord. No. 410, § I(I)art), 1990) Sec. 5.16.100. Permit approval period. Permits granted pursuant to this chapter.:shall`be valid for the period of time necessary to film a specific shot or sequence of shots, including preparation, shooting and strike days. (Code 1980, § 5.16.100; Ord. No. 410, § 1(partP1990) Y Sec. 5.16.110. Permit amendments. V Minor additions, correctiorrisNor alteiafions to a permit shall be made available by way of application for an unlimited number ofpr`iders," which shall be attached to the original permit in writing. However, a permit cannot be extended or amended by rider after the completion of the filming activity. Significant changes to the original permit shall require a new permit application. (Code 1980, § 5.1G.110; Ord. No. 410, § 1(part), 1990) Sec. 5.16.120. Rules and regulations. The designated film permit officer is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the council, governing the form, time and location of any film activity set forth within the city. He/she shall.also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria: A. The health and safety of all persons; B. Avoidance of undue disruption of all persons within the affected area; C. The safety of property within the city; and D. Traffic congestion at particular locations within the city. (Code 1980, § 5.16.120; Ord, No. 410, § 1(part), 1990) Sec. 5.16.130. Public facilities. Use of any public facilities within the city may require an additional rental or use agreement. Page 178 of 496 (Code 1980, § 5.1.6.130; Ord_ No. 410, § ](part), 1990) Sec. 5.16.140. Traffic control. For filming that would impair traffic flow, the applicant shall be required to submit an application for temporary major closure to the city engineer, concurrent with the film permit request. The permittee shall comply with all traffic control requirements deemed necessary. (Code 1980, § 5.16.140; Ord. No. 410, § 1(part), 1990) Sec. 5.16.150. Insurance and indemnity. It shall be a condition of the issuance and continued validity of any film permit granted pursuant to this chapter that the permittee first obtain, pay for, and maintain a policy of general liability insurance approved as to form by the city attorney which shall insure the city, its officers, and employees against any liability or claims of liability brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee, his agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city -owned or -controlled property, whether real or personal, and occurring during the period and as a result of the activities for which such film permit was issued. The amount of coverage to be provided by such policy shall not exceed $1,000,000.00 ene miliie ae"a•zsThe permittee may satisfy the requirement imposed by this section through the presentation of a certificate of insuranceLfor at -,least• the required amount of coverage, which indicates that, by endorsement theretZthe city, -its' officers and employees have been added as additional insureds. Such certificates s ah ll%additionally provide that the required insurance will not be modified, changed or termin taed unlbss a written notice thereof has been transmitted to the city clerk. The permittee shall use the standardized insurance form as established by the California Film Commission. (Code 1980, § 5.16.150; Ord. No. 410, § 1(part), 1990) Sec. 516.160. Suspension of permit. Any film permit issued pursua�t 2 the terms of this chapter may be subject to immediate suspension if it is found necessary for�the-protection of the public health, safety or general welfare. Such suspension shall only be instituted upon the recommendation of the city that immediate protective action is necessary\In the event of such a suspension, the film permit officer shall within 24 twentyr hours after\Qpe suspension: A. Cause to be served upon the film permit holder a written statement containing the grounds for suspension' and a notice of hearing to show cause before the film permit officer as to why the film permit should not be suspended pending revocation hearings; and B. Cause to be served upon the film permit holder a notice of revocation hearing before the city council as provided in section 5.16.170. The hearing before the film permit officer shall be held not later than five days following the service of the notice to the film permit holder. (Code 1980, § 5.16.160; Ord. No. 410, § 1(part), 1990) Sec. 5.16.170. Revocation of permit. A. Any film permit granted or issued pursuant to the provisions of this chapter may be revoked after a public hearing before the city council. A film permit may be revoked under the following circumstances: Where it has been determined that the permittee has violated or has failed to comply with any of the ordinances, resolutions, or applicable regulations of the city; Page 179 of 496 2. Where it has been determined that the permittee has violated or has failed to comply with any of the terms or conditions of the film permit; 3. Where it has been determined that the film permit has been granted pursuant to false or fraudulent information contained in the film permit application; 4. Where it has subsequently been determined that the filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or 5. Where it has been determined that the preservation of the public health, safety and general welfare demand revocation of the file permit. B. A notice of revocation shall be mailed to the permittee, by certified mail, stating the grounds for the revocation and providing a date within 30 this-ty days of the mailing of such notice for a public hearing before the city council. Upon the conclusion of the public hearing, the city council may, by resolution with findings, revoke or modify the film permit and the decision of the city council shall be final and conclusive as to all matters in controversy. (Code 1980, § 5,16,170; Ord. No. 410, § 1(part), 1990) Sec. 5.16.180. Violation as a nuisance. Any filming, videotaping, or related activity conducted contrary to the provisions of this chapter shall.be and is declared to be an unlawful action and_a public nuisance. The city may commence an action at law or in equity in the name of the city in any court of competent jurisdiction against the permit holder to ensure compliancle�`,ofll e terms and provisions of this chapter_ All remedies prescribed in this Code will -be -cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Code 1980, § 5.16.180; Ord, No. 410, § 1(part), 1990) Page 180 of 496 Title 6 ANIMALS* *Editor's note—Title 6 is not. included in the proofs as it is not being substantively amended in this recodification. It will be included in the new Code as it is in the present Code with minor editorial corrections. Page 181 of 496 Title 7 TELECOMMUNICATIONS REGULATIONS* *Editor's note—Title r is not included in the proofs as it is not being substantively amended in this recodification_ It will be included in the new Code as it is in the present Code with minor editorial corrections. Page 182 of 496 Title 8 HEALTH AND SAFETY* *State law reference—Authority of city council to adopt ordinances and rules to protect and regulate health and sanitary matters in the city, Health and Safety Code § 101450; duties and functions of health officers in preventing the spread of contagious, infectious or communicable disease or the occurrence of additional cases, Health and Safety Code § 120175 et sed. CHAPTER 8.08. MOBILEHOME PARKS* *State law reference—Manufactured Housing Act of 1980, Health and Safety Code § 18000 et seq. Sec. 8.08.010. City assumption of enforcement responsibility. The city assumes responsibility for the enforcement of the r.,-l:f i -pi Health and Safety Code Division13, PR § 18200 et seq., Mobilehome Parks Act and ]?Art • ith Health and Safety Code § 18860, Special Occupancy Parks Act and their related administrative regulations contained in Title 25, Division 1, Chapters 2 and 2.2 of the California Code of Regulations (the "Regulations") within the city. (Code 1980, § 8.08.010; Ord. No. 798, § 2(part), 2008) Sec. 8.08.020. Enforcement authority. The city delegates the responsibility for the enforcem�ent of the Mobilehome Parks Act, the Special Occupancy Parks Act, Health and Safety Code §-,18$60,and the Regulations (collectively, the state mobilehome laws) to the building and=safeiy�department. The city designates the building and safety official, as the person who is qualified to enforce the aforementioned acts. (Code 1980, § 8.08.020; Ord. No. 798, § 2(part), 2008) r f ��v Sec. 8.08.030. Enforcing officers. As needed to meet the program goal and objectives, the building and safety official is directed to assign at least two qualified employees to enforce the provisions of the state mobilehome laws. (Code 1980, § 8.08.030; Ord. No. 77998, § 2(p art); 2008) Sec. 8.08.040. Fee schedule" )j �\ The city adopts the schedules fees designated in the state mobilehome laws. (Code 1980, § 8.08.040; Ord. No. 798, § 2(part), 2008) Sec. 8.08.050. Statement of objectives. The city adopts the statement of objectives contained in the state mobilehome laws. The city's specific objectives in assuming statutory authority from the state Galifefnia department of Housing and community development (HCD) are to provide for timely and reliable enforcement of the state mobilehome laws regarding use, maintenance, and occupancy governed by said acts; and to protect public health, safety and welfare. (Code 1980, § 8.08.050; Ord. No. 798, § 2(part), 2008) Sec. 8.08.060. Description of existing parks. A. Alla Laguna. The park was established in 1973 with 186 one hun4r-ed eighty six spaces. It is fully occupied at this time. The mobilehomes are mostly doublewide units. There is one ingress point at Baseline and an egress at Hermosa. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool/spa, common area maintenance, RV parking, controlled access gates and exterior fencing. Page 183 of 496 B. Alta Vista. The park was established in 1972. There are 294 h„na~„d ninety r_� spaces. However, there are eight vacant lots in the park at this time. The park has two ingress and egress points. The park currently provides several facilities and services, such as: clubhouse, pool/spa, wading pool, common area maintenance, tennis courts, basketball court and exterior fencing. C. Casa Volante. The park was established in 1969 with 203 two hundred three spaces. It is fully occupied with doublewide units. One access point is located at Foothill and an emergency egress is located at Baker Road. The park currently provides several facilities and services, such as: clubhouse, laundry room, pool/spa, common area maintenance and exterior fencing. D. Chaparral Heights. The park was established in 1970 with 155 one hundred fifty five spaces. The park is fully occupied with doublewide units. One access point is at Archibald and an emergency access is also on Archibald. The park currently provides several facilities and services, such as: clubhouse, laundry room, poollspa, common area maintenance, RV parking, bocce court and exterior fencing. E. Foothill Manor. The park was established in 1947 with 87 .,;,Yhty seven, spaces. The park is mainly singlewide mobilehome units. One ingress point is at Foothill and the egress access is on Hellman. The park currently provides several facilities and ser`.vices, such as: clubhouse, laundry room, pool, common area maintenance, RV parking and exterior fencing. F. Pines. The park was established in 1965 withoItly J ��'~�a 6i*ty five -spaces. The park is completely occupied with doublewide units at,,this4ime One access point is located at Foothill and two emergency egresses are located at_Hermosa Street. The park currently provides several facilities and services, such as-. clubhouse,'\laun dry room, pool/spa, common area maintenance, RV parking and exterior fencing. G. Rancona Villa. The park was establi hs ed\in_1974 with 149 spaces. The park is frilly occupied with doublewide unit\One access point is located at Baseline and two emergency accesses are on Ramona Street. TheVpark currently provides several facilities and services, such as: clubhouse, laundry room poollspa, sauna, common area maintenance, RV parking and exterior fencing. H. Sycani.ore Villa. Thepartk was established in 1965 with 96 ninetyspaces. The park has mainly doublewide mobilehome units. One ingress access is at Foothill and the egress access is on Hellman. The park currenlly�'provides several facilities and services, such as: clubhouse, laundry room, pool/spa, basketball''court, common area maintenance, and exterior fencing. (Code 1980, § 8.08.060; Ord. No. 798, § 2(part), 2008) Sec. 8.08.070. Effective date of assumption. The effective date of assumption of enforcement responsibilities of the state mobilehome laws shall be December 1, 2008. (Code 1980, § 8.08.070; Ord. No. 798, § 2(part), 2008) Sec. 8.08.080. Method of enforcement. Seetien ,The city shall ,,,,..V,...,,,nee and then aftef diligently enforce the state mobilehome laws as follows: A. Review and maintain relevant files provided by HCD and compare same with records on file with city. B. Review pertinent building standards of the state relevant to mobilehomes and manufactured homes. Page 184 of 496 C. Ascertain the status of all permits to operate and construction permits, and enforce relevant requirements. D. Investigate and resolve complaints as the need arises. E. Perform periodic park maintenance inspections consistent with applicable law. F. Take all other actions as are deemed appropriate in furtherance of state laws and regulations. (Code 1980, § 8.08.080; Ord. No. 798, § 24)art), 2008) Sec. 8.08.090. Use of state forms. When enforcing the state mobilehome laws, the city shall utilize the following forms of the state Ualifev4H--department of housing and community development (HCD): A. B. C D E HCD 500A, Application for Permit to Operate; HCD 50313, Annual Permit to Operate; HCD 51313, Manufactured Home or Mobilehome Installation Acceptance; HCD 513C, Certificate of Occupancy; HCD 538, Plot Plan. (Code 1980, § 8.08.090; Ord. No. 798, § 2(part), 2008) Sec. 8.08.100. Permits to operate and state fees. The city agrees to send a copy of all permits office of the division of codes and standards of the development (HCD) no later than the 15th --of the permits and receipt of such fiends. (Code 1980, § 8.08.100; Ord. No. 798, § 2(part)! '2008•) CHAPTER O�MOBI EHOME PARK RENT MEDIATION* *State law reference—Mobilehome residency law, Civil Code § 798 et seq.; rent control, Civil Code § 798.15 et seq.; Mobilehome Parks Act'�Health and Safety Code § 18250 et seq. Y Sec. 8.10.010. Intent and purpose. The purpose of this chapter is to establish a mandatory meet -and -confer process between tenants and owners of mobilehome parks with respect to certain proposed rent increases. (Code 1980, § 8.10.010; Ord. No. 118, § 1(part), 1981) )i3erate,and state fees to the administrative following the city's issuance of such Sec. 8.10.020. Right to petition. Within 30 tlydays after an owner of a mobilehome park has given notice to the tenants thereof of a proposed rent increase which exceeds the consumer price index as outlined in section 8.10.050, the tenants may petition the city to call a mandatory meet -and -confer session between the mobilehome park owner and a committee representing the tenants for the purpose of discussing the proposed rent increase and the reasons therefor. (Code 1980, § 8.10.020; Ord. No. 118, § l(part), 1981) State law reference—Ninety-day notice of rent increase, Civil Code § 798.30. Sec. 8.10.030. Contents of petition. Any petition filed pursuant to this chapter shall contain all of the following information: Page 185 of 496 A. The name and address of the mobilehome park; B. The name and address of the owners of the mobilehome park; C. The number of spaces in the mobilehome park-, D. The number of spaces which were vacant on the date the notice of rent increase was given; E. A statement of the existing rent schedule and the proposed rent schedule; F. A statement of the rent schedule in effect as of 12 twelve months prior to the date on which the proposed rent increase would be effective; G. A brief statement of the reasons why petitioners believe the proposed rent increase is not justified and a request for a meet -and -confer session with the mobilehome park owner; H. The signatures of and identification of the mobilehome space occupied by each tenant signing the same; L The name of a tenants' committee of not more than five persons, designating one person as chairperson; J. The mobilehome park owner shall provide the petitioners, upon request, with such information identified in subsections A through Fof this, section was petitioners require to complete the petition. (Code 1980, § 8.10.030; Ord, No. 148, § 1(part), 1981) Sec. 5.10.040. Filing and fees. A. Any petition filed pursuant to this chapter shall be filed in the office of the city clerk. B. No petition tendered for filing purs an\to thi chapter shall be filed unless the filing fee therefor, in an amount established by resolution of,the city council, is first paid. (Code 1980, § 8.10.010; Ord. No. 118, § 1(part)�1981) Sec. 8.10.050. Preliminary processing Within three working days after receiving a petition filed pursuant to this chapter, the city clerk will review the same to�dde/rmine whether a meet -and -confer session shall be required. A meet -and -confer session shall be required only if: A. The petition contains the ignatures of tenants representing more than 50 (percent of the occupied mobilehome spaces in the mobilehome park; B. The petition contains all of the information required by section 8.10.030-hey-ee€; and C. The proposed rent increase when added to all rent increases which were effective during the 12 twelve months immediately preceding the effective date of the proposed rent increase computes to be a sum greater than 75 seventy five percent of the percentage by which the Los Angeles -Long Beach -Anaheim Area Consumer Price Index for Urban Wage Earners and Clerical Workers, as reported by the United States Bureau of Labor Statistics, has increased in the 12 twelvemonths immediately preceding the date of the most recently published CPI information. D. If the city clerk determines that a petition complies with the requirements of this section, the city clerk shall select a date, time and place for a meet -and -confer session between the tenants' committee and the mobilehome park owner. Whenever possible, the date selected shall be at least ten days prior to the effective date of the proposed rent increase. The city clerk shall, by certified mail, give notice of the meeting to the chairperson of the tenants' committee and the mobilehome park owner. Page 186 of 496 (Code 1980, § 8.10.050; Ord, No. 148, § 1(part), 1981) Sec. 8.10.060. Meet -and -confer session. At the mandatory meet -and -confer session, the tenants' committee and the mobilehome park owner, or a duly authorized representative, shall meet for the purpose of exchanging information, opinions and proposals with respect to the proposed rent increase. The mobilehome park owner shall be prepared to give an explanation of the necessity for a rent increase in excess of the consumer price index percentage described in section 8.10.050C and the mobilehome park owner shall also be prepared to inform the tenants as to the nature of any substantial improvements proposed for the mobilehome park during the next year, together with the information that would substantiate the proposed increase. The parties shall endeavor to reach agreement on matters within the scope of discussion. (Code 1980, § 8.10.060; Ord. No. 148, § 1(part), 1981) Sec. 8.10.070. Appeal. If agreement on the amount of the proposed rent increase cannot be reached between the tenants' committee and the mobilehome park owner, either party may appeal to the West End Mediation Board, located in Ontario, California, for further mediation and conciliation. Notice of such appeal must be filed with the city clerk not more than five days after termination of the mandatory meet-andconfer session. A notice of appeal will n to b reeceiv,ed for filing unless it is accompanied by payment of one-half of the fee established by resolution of the city council, which said fee shall be in an amount appropriate to compensate-Ae West End Mediation Board for the mediation services to be rendered. The responding party shall pay the other one-half of the fee within ten days. Y (Code 1980, § 8.10.070; Ord. No. 148, § 1(part), 198.1) Sec. 8.10.080. Conduct and mediation.ir Mediation by the West End Mediation�Board shall be conducted in accordance with standards of the Federal Mediation and Concili tion Serve cr e. The West End Mediation Board shall prepare a summary of facts concerning the,proposed-rent increase in the event the mobilehome park owner and the tenants' committee cannot reach mutual agreement upon a proposed rent increase. Such summary of facts presentedy,tthhe West End Mediation Board shall be advisory. (Code 1980, § 8.10.080; Ord. No. 148�§/-1(part.), 1981) Sec. 8.10.090. Finality of decision. The summary of facts concerning the proposed rent increase prepared by the West End Mediation Board shall be the final administrative action upon any petition filed pursuant to this chapter with no provisions for further appeal. Such findings and recommendations shall be public records and may be certified by the. secretary of the West End Mediation Board, if any, or by the city clerk. (Code 1980, § 8.10.090; Ord. No. 148, § 1(part), 1981) See. 8.10.100. Judicial relief. Nothing in this chapter shall be deemed to preclude any mobilehome park tenant or mobilehome park owner from seeking and obtaining any appropriate judicial relief. (Code 1980, § 8.10.100; Ord. No_ 148, § 1(part), 1981) Page 187 of 496 Sec. 8.10.110. Remedies for failure to attend meet -and -confer sessions. A. If the tenants' committee fails to attend a scheduled meet -and -confer session or a scheduled mediation session before the West End Mediation Board, the city clerk shall order the petition dismissed and no further proceedings shall be had thereon. B. If the mobilehome park owner, or an authorized representative, fails to attend a scheduled meet -and -confer session or a scheduled mediation session before the West End Mediation Board, then the proposed rent increase shall not become effective until such time as the mobilehome park owner, or an authorized representative, has in fact attended a rescheduled meet - and -confer session or a rescheduled mediation session before the West End Mediation Board, as the case may be. (Code 1980, § 8.10.110; Ord, No. 148, § 1(part), 1981) Sec. 8.10.120. Rescheduling and continuances. A. Rescheduling of meet -and -confer sessions shall be done by the city clerk. Rescheduling of mediation sessions before the West End Mediation Board shall be done by the secretary of the West End Mediation Board. Any such rescheduled session shall be held within 14 foi;Tteen calendar days of the date originally set therefor. B. A meet -and -confer session may be continued bywritten stipulation of the tenants' committee and the mobilehome park owner or his or her auth rized representative and such stipulation shall be filed with the city clerk. A hearing�n any appeal to the West End Mediation Board may be continued in accordance with the rules established by the West End Mediation Board. \>11 (Code 1980, § 8.10.120; Ord. No. 148, § 1(part), 198 1) CHAPTER 8.12\FIREWORKS Sec. 8.12.010. Fireworks prohibited; exception. A. Subject to the exception,,set forth in subsection B of this section, it is unlawful for any person, firm, partnership or corp\ratib t/s oell, use or discharge any fireworks within the city, including, but not limited to,%safe and sane" fireworks as that term is defined in Part 2 of Division 11 of the California Healthand/Safety Code as the same may be amended from time to time hereafter. B. Exception. Nothing in this chapter shall preclude the presentation of a licensed public display of fireworks, including, but not limited to, "safe and sane" fireworks. (Code 1980, § 8.12.010; Initiative Ord. Measure "P," § 2(part), 11-1-1989) Sec. 8.12.020. Penalty for violation of chapter. It is unlawful for any person, firm, partnership or corporation to violate any provision of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 8.12.020; Initiative Ord. Measure "P," § 2(part), 11-711989) Page 188 of 496 Sec. 8.12.030. Civil remedies available. The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided for by law for the abatement of nuisances. (Code 1980, § 8.12.030; Initiative Ord. Measure "i'," § 2(part), 11-7-1989) CHAPTER 8.16. CONTROL OF BLOWING SAND AND PREVENTION OF SOIL EROSION BY WIND Sec. 8.16.010. Adoption of Chapter 1 of Division 2 of Title 6 of the San Bernardino County Code providing for the control of blowing sand and soil erosion. For the purpose of controlling blowing sand and preventing soil erosion by wind within the city limitsof the eity, Chapter 1 of Division 2 of Title 6 of the San Bernardino County Code entitled "Control of Blowing Sand and Soil Erosion," three copies of which are on file in the office of the city clerk for public record and inspection, are adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter. (Code 1980, § 8.16.010; Ord. No. 152, § 1(part), 1981) Sec. 8.16.020. Definitions. Whenever the term "county" or "County of San Ber" nardino"'is used in the portions of the San Bernardino County Code referred to in section 8.16-0.10 ort, his chapter, the term "city" or "City of Rancho Cucamonga" shall be substituted therefore' (Code 1980, § 8.16.020; Ord. No. 152, § 1(part), 1981) Sec. 8.16.030. Applicability. The provisions of this chapter shall\be applicable to all lands now within, or hereafter annexed to, the city lying within th rritorial=boundaries described in section 62.014 of the San Bernardino County Code. (Code 1980, § 8.16.030; Ord. No..452;�§ 1(part), 1981) Sec. 8.16.040. Permits, fees,and enforcement. All permits shall be issue�by, and all administrative enforcement proceedings shall be conducted by, the agricultural commissioner of the county and the soil erosion and dust prevention commission of the county. All fees and costs shall be paid to the county. (Code 1980, § 8.16.040; Ord. No. 152, § 1(part), 1981) Sec. 8.16.050. Notice. Section 62.0110 of the San Bernardino County Code is amended by deleting therefrom the words "board of supervisors" wherever said words appear and substituting therefor the words "city council." (Code 1980, § 8.16.050; Ord. No. 152, § 1(part), 1981) Sec. 8.16.060. Inapplicability of provisions to weed abatement. The provisions of this chapter shall not be applicable in cases of the abatement of weeds declared to be a public nuisance and ordered abated pursuant to the provisions of chapter -9 8.46. Of this title. (Code 1980, § 8.16.060; Ord. No. 152, § ] (part), 1981) Page 169 of 496 Sec. 8.16.070. Violation; penalty. No person shall violate any provision or fail to comply with any of the requirements of this chapter, the provisions of the San .Bernardino County Code adopted herein by reference, or any secondary code referred to therein. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein, shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of not more than $500.00, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which the violation of any provision is committed, continued or permitted by such person, and shall be punishable accordingly. (Code 1980, § 8.16.070; Ord. No. 152, § l(part), 1981) CHAPTER. 8.17. RESIDENTIAL REFUSE COLLECTION* *State lave reference—Waste management, Public Resources Code § 40000 et seq.; waste management and recycling, Government Code § 66799 et seq.; waste disposal, Health and Safety Code § 117550 et seq.; Medical Waste Management Act, Health and Safety Code § 117600 et sjeq. Sec. 8.17.010. Legislative policy. The city council finds and determines that refuse, trash, rubbish, selid waste, recycla a matter of great public concern, in that imp nuisance, which may lead to air pollution, fire infestation and other problems affecting the heal Cucamonga and surrounding cities. Theci , =-, . this chapter are designed to eliminate or levi (Code 1980, § 8.17.010; Ord. No. 265, § l(part), 85) Sec. 8.17.020. Definitions. 'Vlaccjm—ulat' n, collection and disposal of MlaibKnd other discarded material is of such matters creates a public dumping, insect breeding and rat J re and safety of the residents of Rancho er declares that regulations provided in problems. For the purpose of this e e following words and phrases are defined and shall be construed as hereinafter s t, plea- t is apparent from the context that a different meaning was intended: AAn.imal waste means manurT, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. 4 -.Bulky item means any large item that requires special handling including but not limited to. aanliances and furniturg. QCity clerk means the city clerk of the City of Rancho Cucamonga. $:City manager means the city manager of the City of Rancho Cucamonga. F,44Council means the city council of the City of Rancho Cucamonga. GX-waste means any electronic product nearing or at the end of its useful life including but io -not limited to computers and their components televisions VCRs stereos copiers and fax machines. R. -Green waste means tree and shrubbery trimmings vegetation matter resulting from land clearing grass cuttings weeds straw, leaves wood chips sawdust and other household garden organic materials and other discarded plant or vegetation material. Page 190 of 496 1:HazaLdous chaste means a waste, or combination of waste which, because of its nuantity, concentration. or physical, chemical or infectious characteristics, may do either of the following: A-4-. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness;. B.4: Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otheMise managed. The term "hazardous waste" includes, but is not limited to, universal waste and medical waste. F - Occupants means and includes every owner of, and every tenant or person who is in possession of is the inhabitant of or has the care and control of, an inhabited residence. V. rntittee means any refuse collector authorized by the city council to collect refuse within the city pursuant to this chapter4.-P. 1=Person means any individual, firm, corporation, association, or group or combination acting as a unit. A&Recyclables means reusable waste materials, including, but not limited to, paper, books, The term l--NRefuse means and includes any and all I (Mefuse collector means any person & persons, firm, copartnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of solid waste refuse, recyclables and/or n wag in the city. l4�Residential unit ch Aace used for residential purposes, including,t-Ifte fw-11e4AFag but not restricted to; Single -fa dwellings, multifamily dwellings, apartments, condominiums, townhouses, mobilehome parks, trailer courts, whether or not utilizing dumpster-type bins; however, not including: hospitals, convalescent homes, hotels and motels. —1. Muh�iiqh" means -And ineludes, but is not Festrieted to, a' egradable waste, e N. "Salvage" may 1.e.,..t,..,. ted segpegated,ed ei- developed. Q!:Scaveng,,nz means the unauthorized collection, removal, or possession of refuse or recyclables intended for collection by the city, permittee or authorized recycling agent. R-.Shacps includes, but is not limited to, home -generated hypodermic needles, pen needles, syringes, intravenous needles and lancets. Page 191 of 496 Streets means the public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the city. Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse recyclables or green or to haul or transport refuse, recyclables or ¢reen waste. limited to, batteries and fluorescent tubes. (Code 1980, § 8.17.020; Ord. No. 265, § 1(part), 1985) Sec. 8.17.030. Authority of city council to ss a per 'ts for disposal and collection. Code The city council shall have the authority to issue exclusive permits for the collelion and disposal of refuse, *rasa, t-ub ish and other forms of solid recyclables or.�tccn wa&te`'as provided for in this chapter, and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the city council to ensure t tiiil performance of such collection and disposal service in accordance with this chap n the terms and conditions imposed by the city council. In the event that any permittee sha it or refuse to conform to the conditions of the permit or this chapter, the city council, at its n and after a hearing called upon at least ten days' written notice to the permittee, may revoke such permit. In issuing permits for refuse, modish recyclables or green waste collection and disposal, the city council shall not be required to issue the same based upon the offer of lower or lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the terms of this chapter and such other terms and conditions imposed by the Shy council. (Code 1980, § 8.17.030; Ord. No. 265, § 1(part), 1985) Sec. 8.17.040. Permits for refuse. recyclables and green waste collection and establishment collection fees. The g& council determines that the disposal and/or collection. of refuse, trash, PA recyclables and green waste is a service to be performed in the city in accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may be established by resolution of the city council regarding the collection of refuse, trash, rubbi&h recyclables and Breen ep-ethe-p send -waste from residential units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions hereof. Such fees and charges for such collection, removal and removal and disposal services shall . . .... ..... . ...... . ........... Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse recyclables or green or to haul or transport refuse, recyclables or ¢reen waste. limited to, batteries and fluorescent tubes. (Code 1980, § 8.17.020; Ord. No. 265, § 1(part), 1985) Sec. 8.17.030. Authority of city council to ss a per 'ts for disposal and collection. Code The city council shall have the authority to issue exclusive permits for the collelion and disposal of refuse, *rasa, t-ub ish and other forms of solid recyclables or.�tccn wa&te`'as provided for in this chapter, and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the city council to ensure t tiiil performance of such collection and disposal service in accordance with this chap n the terms and conditions imposed by the city council. In the event that any permittee sha it or refuse to conform to the conditions of the permit or this chapter, the city council, at its n and after a hearing called upon at least ten days' written notice to the permittee, may revoke such permit. In issuing permits for refuse, modish recyclables or green waste collection and disposal, the city council shall not be required to issue the same based upon the offer of lower or lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the terms of this chapter and such other terms and conditions imposed by the Shy council. (Code 1980, § 8.17.030; Ord. No. 265, § 1(part), 1985) Sec. 8.17.040. Permits for refuse. recyclables and green waste collection and establishment collection fees. The g& council determines that the disposal and/or collection. of refuse, trash, PA recyclables and green waste is a service to be performed in the city in accordance with the provisions of this chapter. The city may from time to time issue permits to those parties meeting the criteria of this chapter and such other standards as may be established by resolution of the city council regarding the collection of refuse, trash, rubbi&h recyclables and Breen ep-ethe-p send -waste from residential units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions hereof. Such fees and charges for such collection, removal and removal and disposal services shall Page 192 of 496 be those which the city council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any refuse, trash, pub recyclables and green er other soli waste within the city from any residential unit, nor transport the same over any public streets or rights -of -wap, unless a permit to do so has first been obtained from the city council and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter. (Code 1980, § 8.17.040; Ord. No. 265, § 1(part), 1985) Sec. 8.17.050, Unlawful collection. It is unlawful and a misdemeanor for any person to collect or transport refuse within the city unless such person is a permittee, as defined in this chapter, or is exempted as outlined in subsections A through E of this section; and it is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse from any residential unit with any person who is not a permittee as herein defined except as permitted in subsections A through E of this section. A. The collection and removal of gr -ass elip..ings and ss,,.,,bi,e y green waste by individual residents, property owners and businesses, including, but not limited to, es -professional landscapers, weed aba e t contractors or arborists when the collection is directly related to their work, mpt from the refuse permit system. B. A permittee shall not be required to collect hafta6us part of its regular collection activity. blou ste biqi*i not be deposited in collection ee C. I fieetieua -m Medical waste (as from time to time, or any by a permittee. Anyone p. such materials only izAk deputy, and in accoidanj as ned the lealt and Safety Coe § 117600 et se , as amended cion or provisions thereto) shall not be collected meh�-medical wastes shall store, handle and dispose of °approved by the county health officer or designated Cali a4 --Health and Safety Code. D. The collection and re blI` e ,,. , , . , from a residential unit that are separated either for reuse, for disposal at recycling facilities, or for the manufacture of new products shall be exempt from the refuse permit system. E. The removal and disposal of refuse from a residential unit by the occupant or owner thereof shall be exempt'from the refuse permit system, subject to the provisiods of section 8.17.120 s€ thisehapter. (Code 1980, § 8.17.050; Ord. No. 265, § 1(part), 1985) Sec. 8.17.055. Scavenging prohibited. A. It shall be unlawful for any person other than a city permitted refuse collector or authorized recycling agent to remove or otherwise handle any s^'-- aste-refuse or recyclables contained in any refuse or recycling receptacle that has been placed curbside or elsewhere, for collection by a city permitted refuse collector or authorized recycling agent, without the prior written consent of the refuse collector or authorized recycling agent, or the property owner, tenant or agent thereof having exclusive use of such receptacle. Unauthorized removal of recyclables mati-Aals for the purpose of recycling, from recycling receptacles that have been placed for collection by an authorized recycling agent as part of a city residential recycling program, is a violation of fia'eis Public Resources Code § 41950. Page 193 of 496 B. Any person violating any provision of this section shall be guilty of an infraction. In addition, the violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. (Code 1980, § 8.17.055; Ord. No. 809, § 1, 2-18-2009) Sec. 8.17.060. Collection in emergencies. In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, where, in the judgment of the city manager or designee, the particular situation justifies such action, the city manager or designee may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding 15 eeR-days' duration shall be approved by the city council. (Cade 1980, § 8.17.060; Ord. No. 265, § 1(part), 1985) Sec. 8.17.070. Hours of collection. A permittee shall not collect refuse, recyclables or n waste within a residential area between the hours of 6:00 p.m. and 6:00 a.m. the w (Code 1980, § 8.17.070; Ord. No. 265, § 1(part), 1985) Sec. 8.17.080. Refuse, recyclables and green wast 11 coon spillage. Permittees shall exercise all reasonab care and d" ence in collecting refuse, recyclables and green wasted so as to prevent spil ng, scattering or dropping refuse, recyclables and green waste and shall immediately, at the time occurrence, clean up any such spillage. (Code 1980, § 8.17.080; Ord. No. 265, ), 1985) Sec. 8.17.090. Refuse waste receptacles. A. It shall be the du ery er tenant, lessee or occupant of any private aw,.' lag house, the keepeF ef every ape. eat hause and ef every Either per -son having , a residential unit to deposit refuse, recyclab and green waste in the receptacles designated for refuse, xgcyclables and green waste collection provided by the permit t -e, provide without ei�pense te the eity and at A times, eyeept on eelleetieii day, te keep within the bi*i4dimg ia whieh any of the sa , ®-r-. All refuse, recyclables and green waste accumulated between collection days shall be contained and stored within watertight metal or heavy gauge plastic receptacles approved by the city, emept with a tight -fitting, closed lid to eavef . high shall prevent leakage ot, eseape of Medder. s. and 4ftiel.. . he- „a within in fu Th t 4 L � 1 lu4iflg 1..,11 be kept ..1...... beeen prier to collections. i-ai. e�icei�av�rz-saszri=ccc�icizcxes, iiz+czaaizz�cvi'ci"n, vzzazz vc-�scp .,,..uu fro ffl- .,,.,....,,.Mated ,.reale or a,.,.,...,.,esing ,..,..teri.,In Each owner, tenant lessee and occupant shall keep the exterior of all receptacles, including lids, clean from accumulated grease or decomposing materials. B. All receptacles shall be stored out of public view, except on collection day or when placed out for collection pursuant to etion 8.17.110A. Grass elippiage, leaves and othe Page 194 of 496 are used, 41fie e—Avd-h-e—ard bones, s4e with the eentents, Mae—]] be A-A-B-AMAMd *Afi-AP AA* Alit weight. fio-iffir iffl- length ner fifty pounds in weight; (Code 1980, § 8.17.090; Ord. No. 265, § 1(part), 1985) Sec. 8.17.100. Placement of receptacles for collection. It shall be the duty of occupants to set out or place ARM.Ainer-srreceptacles for the collection of refuse, wish rMgl0 and green waste, as follows: Any container or receptacle for the purpose of r-eeeptien collection and removal of refuse recyclables and green waste shall be placed at the curb in front of the premises occupied by the person depositing the same, there to be colleat6d by the permittee, provided that the permittee may designate some other location for the plaLewm&pf eMs —And receptacles when such placement will expedite collection. (Code 1980, § 8.17.100; Ord. No. 265, § 1(part), 1985) Sec. 8.17.110. Time and date of placement of A. No person shall place, or cause to container or receptacle for refuse, recvclabl place or in any manner other than her n established by the city for the collection o I than sunset of the day precedin receptacles shall be removed from e c and receptacles have been emp,. be aced, 4iy refuse, recyclable or green waste, or waste, in any public highway or in any bo provided, or at any time other than the days ch re se on the particular route involved, not earlier bAgignated for collection, and all containers and Ecollection prior to 8.00 p.m. of the day the containers B. Each owner, occupant, nant or lessee of a residential unit shall maintain the same in a sanitary condition. If the contain rs or receptacles should not be emptied and the contents removed on the date and .time scheduled by the permittee, they should immediately notify the permittee or the city, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the refuse. C. Refus ,trasia, rabbish, salvage and � 'and bulky items which exceed the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of abovementioned occupant of the premises. D. No person., other than the owner thereof, the owner's agents or employees or an officer or employee of the city or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any refuse container or the contents thereof, or remove the contents of any container, or remove any container from the location where the same shall have been placed by the owner thereof or owner's agent. (Code 1980, § 8.17.110; Ord. No. 265, § 1(part), 1985) Page 195 of 496 Sec. 8.17.120. Refuse elables and are en-weste removal. Purim -mint. Ub QqJiEq;Pnin Administrative Code Title , All refuse created, produced or accumulated in or about a residential unit in the city shall be removed from the premises at least once each week. It is unlawful and a misdemeanor for the occupant of any of the above-described premises to fail or neglect to provide for the removal of refuse at least as often as prescribed in this section. Each day's violation of this section shall be treated and considered as a separate and distinct offense. (Code 1980, § 8.17.120; Ord. No. 265, § 1(part), 1985) Sec. 8.17.130. Refuse recvclables and green waste disposal. The permittee shall dispose of collected des; -recvclables and green waste at permittee's expense, at a city -directed landfill or transfer station in a manner satisfactory to the city and in accordance with all state and local laws and regulations. (Code 1980, § 8.17.130; Ord. No. 265, § 1(part), 1985) Sec. 8.17.140. Special provisions regarding method of disposal. A. The removal of wearing apparel, bedding or othereffuse from residential units, as defined in eaheeetea�-exsection 8.1.7.020aa, or other place he a highly infectious or contagious diseases have been present, shall be performed under th and direction of the county health officer and such refuse shall neither be place nt 'ne nor receptacles nor left for regular collection and disposal. B. Highly flammable or explosive or radio 1v hall not be placed in PAntAimpr, er receptacles for regular collection and disposal, t sha a emoved under the supervision of the city and/or the fire r t at the expense of the owner or possessor of the material. C. Refuse and recvclables containing water or other liquids shall be drained before being placed in a ptacle. Matter which is subject to decomposition shall be wrapped in paper or oche at b fore being placed in a ewer -e3+ receptacle. U. No hazardous w tw.Olftsveftal waste, medicalwaste, shame. battery acid, poisonous, caustic or toxic material or o er s stance capable of damaging clothing or causing injury to Q*e a person shall be mixed or %ce, with any ether refuse, recvclables or green wastewhich is to be colle, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been made with the permittee or city for such removal. E. , i' It is unlawful and a misdemeanor for any person to violate any provision of this section. (Code 1980, § 8.17.140; Ord. No. 265, § 1(part), 1985) Sea 8.17.150. Burning, burial or dumping. It is unlawful and a misdemeanor for any person to burn, bury or dump refuse, recvclables or green waste within the city at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the city council, and/or the age%ey ppe-viding fire .petted,n serviee within the .,it _f`ire-district. (Code 1980, § 8.17.150; Ord. No. 265, § 1(part), 1985) Page 196 of 496 Sec. 8.17.160. Duration of storage. Pursuant te C-Al-fe-m-i-A Code Title 14, Chaptep 3, seetieft 17.331; -14- It is unlawful and a misdemeanor for any person to store or accumulate any refuse wish 9 at any reg dential unit in any container or at any location other than as hereinabove set forth, or : for a period of time in excess of seven days, provided that if a holiday occurs durine that period, the period shall be extended one additional day. 1!�, R911 Ivor." IrVW . - - I . - , * ­-­ - ­ ; u. . (Code 1980, § 8.17.160; Ord. No. 265, § i(part), 1985) Sec. 8.17.170. Use of trucks. Any persons who desire to operate privately owned re se F FU Wish vehicles under provisions of this chapter shall, provided their vehicles ht and are provided with a. tight cover. The city manager or designee shall requ' th e e to remove frons service or repair those vehicles that allow or permit offensive o to escape and/or refuse to be blown, dropped or spilled therefrom. (Code 1980, § 8.17.170; Ord. No. 265, § 1(part), 1985) C*A Sec. 8.17.180. No parking of refuse trus gci'ty street. A. No person, between the hours 6:00 .m. and 6:00 a.m., shall leave a refuse truck parked on any city street. B. No person, between th :00 a.m.. and 6:00 p.m., shall leave a refuse truck parked on any city street fort one hour unless the city manager or designee is notified that a breakdown or emerg a sts. (Code 1980, § 8.17.180; Ord. No. 2 211 art), 1985) Sec. 8.17.190. Trucks equipment required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance, and an identification card with the name of whom to telephone in case of an accident or emergency.. Each truck shall also be equipped with -a five -pound fire extinguisher certified by the California state fire marshal and annually recharged. (Code 1980, § 8.17.190; Ord. No. 265, § 1(part), 1985) Sec. 8.17.200. Specifications and restrictions on collection trucks. All trucks used for refuse, ish-recyclables and/or a seen waste collection within the city shall be required: A. To be completely enclosed with a rigid, nonabsorbent cover while transporting refuse, recvclables or green waste in or through the city. The term "completely enclosed with a nonabsorbent cover" means that refuse, recyclables or green waste shall not be visible from the street, nor shall any of the substances be permitted to leak, spill or become deposited along the public streets. Page 197 of 496 B. All trucks used in the course of refuse, sibbish recvclables or green waste collection shall be painted colors approved by the city manager or designee and identified by truck numerals, a company logo, and local telephone number. Those trucks shall be kept clean and in good repair at all times. (Code 1980, § 8.17.200; Ord. No. 265, § 1(part), 1985) Sec. 8.17.210. Truck inspection. A -Each of any permittee's trucks shall be made available for inspection at the discretion of the city manager or designee at any point of operation. (Code 1980, § 8.17.210; Ord. No. 265, § 1(part), 1985) Sec. 8.17.220. Permittee's local telephone number. Each permittee must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5.010 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking messages. (Code 1980, § 8.17.220; Ord. No. 265, § 1(part), 1985) Sec. 8.17.230. Exclusive residential return collectia areas. For the purpose of this chapter, (Code 1980, § 8.17.230; Ord. No. 265, § 1 t),a_ i Sec. 8.17.240. Permittee's empl e Each permitteemust ro a h -quality service by industry standards and supply competent, qualified, i tln and niformed personnel who serve the residents of the city in a courteo helpful and impartial manner. A. The city may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property. B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other noniberit factor. C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state ef Galifei. D. The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in refuse collection service within the city. (Code 1980, § 8.17.240;. Ord. No. 265, § 1(part), 1985) Sec. 8.1.7.250. Permit for removal of refuse, recvclables and green waste prerequisites. A. Procedure and required information. A permittee must file a letter with the city manager or designee containing the following information: Name and description of the permittee; 2. Permanent business address and address of local office of the permittee; Page 198 of 496 3. 'Trade and firm name; 4. If a joint venture or a partnership or limited partnership, the names of all partners of the corporation, and the names of the officers and their percentage of participation and their permanent addresses; b. Facts indicating that the permittee has arranged for refuse disposal in an area where the same may be legally accepted and disposed as directed by the city; ; ;--fi. Facts indicating that permittee is qualified to render efficient refuse collection service; 8-7. Facts indicating that trucks and equipment conform to all applicable provisions of this chapter; 9-8. Satisfactory evidence that permittee has been in existence as a going concern for in excess of five years and possesses not less than five years' actual operating experience as a going concern in residential refuse collection and disposal; 44-9. Satisfactory evidence that permittee's experience as a going concern in residential refuse collection and disposal derives from operations of comparable size to that contemplated by this permittee; details shall include leeigth of other contracts, name and size of municipality, nature of service provided, a _d the name of the contact person at the municipality being served; 1N _ 44-1Q. Evidence that permittee is in good stan ink in the state and in the case of a corporation organized under the la s off` any other state, evidence that permittee is licensed to do business in the state Af 42- ^A detailed inventory of th e' equipment available for use in refuse collection area; 13-12. A written statement from con ,that the permittee either has, or the county will at imum, a Class D permit for the collection and disposal of solid waste ty limits and such permit shall be attached to said letter; 44.12 Such other pe fate or information as the city manager may require. B. Fees and requirements emit. 1. Upon consideration of the information contained . in the abovementioned letter and following a public hearing conducted by the city council upon at least ten days' prior written notice to the applicant, the city council may issue a permit. 2. Each permit granted shall apply 'to refuse collection for an area of the city specified therein and is exclusive. 3. A fee for processing permit applications shall be set by resolution of the city council with review on an annual basis. C. Bonding of permittee. Before granting a permit under the provisions of this chapter, the city council shall require the permittee, as a condition to the permit, to post with the city clerk a cash bond or surety bond in an amount determined by the city council and furnished by a corporate surety authorized to do business in the State of California, payable to the city-994anehe kgs. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. Page 199 of 496 U. Indemnification by permittee. As a condition of the city issuing a permit, the permittee shall agree to appear and defend all actions against the city arising out of the exercise of such permit, and shall indemnify and save the city, its officers, elected officials, employees and agents harmless from all claims, demands, actions or causes of actions of every kind and description, and any and all related attorneys' fees and court costs resulting directly or indirectly, arising out o& or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee. E. Liability insurance. The permittee shall obtain and keep in force during the term of the permit public liability and bodily injury insurance in amounts determined by the city council, and workers' compensation insurance covering all employees of the permittee. Copies of such policies, or certificates evidencing such policies, shall be filed with the city clerk prior to the commencement of activities authorized by the permit. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain, at a minimum, a provision requiring a 90 -day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the city council. F. Compliance with local and state Ge1*9mio-laws and regulations. The permittee must agree to perform the terms of the permit in such a manner ss to comply with all applicable local and state laws And regulations pertaining to the collect , torage and transportation of solid waste. The permittee shall also comply with all other antes add regulations of the city and applicable laws and regulations of the countyhnd >s sta CaWbmia, and shall obtain and keep in force all required permU ss licenses throughout the life of the permit and all renewals thereof. (Code 1980, § 8.17.250; Ord. No. 265, § 1(part), I Sec. 8.17.260. Permit provisions. A. Fees. Any permit issued pur an thi hapter shall provide for the payment of permits fees to the city, shall contain al prcivrsions agreed to by and between the city and permittee, and shall constitute a w sten agreement of said parties. B. .Assignment or tra r permit. No assignment or transfer of a permit pursuant to this chapter or any right accruing r such permit shall be made in whole or in part by the permittee without the express consent o city council. In the event any assignment or transfer is authorized by the city council, th assignee shall assume the liability and all other obligations of the permittee. C. Revocation, A permit may be revoked at the option of the city council in the event there is a change of ownership of any kind or nature of the .operating company, unless approval therefor has been obtained in writing from the diy council. If it is determined by the city manager or designee that permittee has not complied with the provisions of this chapter, the permit, and all other applicable statutes, ordinances, rules and regulations, the city manager or designee shall notify the permittee in writing of noncompliance and shall order compliance within 30 thiFtydays. If noncompliance is not corrected within the above -prescribed 30 -day period, the city council, following a public hearing upon at least ten days' written notice to the permittee, may terminate the permit. (Code 1980, § 8.17.260; Ord. No. 265 § 1(part), 1985) 8.17.27-0. 7?ight of existing ell....ters Page 20G of 496 ��� •14PIM Sec. 8.17.45-274. Mandatory payment for collection service; exceptions. A. Except as otherwise provided in this chapter, each occupant shall utilize the services of a permittee for the collection of refuse from the residential premises of such occupant, and shall pay collection fees to the permittee as set by the permittee and authorized by resolution of the city council. The obligation of each occupant to pay such refuse collection fees shall be a civil debt due and owing to the permittee, from the occupant to whom the collection services are made available. A failure to make timely payment constitutes a violation of this chapter. All revisions in collection fees sought to be imposed by a permittee must be submitted to the city council for review and must be approved by resolution of the city council following a public hearing upon no less than ten days prior written notice to the permittee. B. Lien authorized. Pursuant to Government Code §§ 38790.1 and services furnished on behalf of the city by a permit of at least 60 ei days shall constitute alien refuse collection services were provided. At leE cause to be prepared a report of delinquent f time, date, and place for hearing the report an The city council or designee shall cause mail with verification of delivery, tot Pe than ten days prior to the date of the hany objections or protests of pr eThe city council may make revisions owhich, by resolution, the report shall be 25831, charges for refuse collection .tee at remain delinquent for a period st t e parcel of land for which the ,o year; the city council shall e ouncil or designee shall fix a y obj coons or protests to the report. hearing to be mailed by first class wners listed on the report, not less the hearing, the city council shall hear ble to be assessed for delinquent fees. is to the report as it deems just, after d. 2. The delinquent fees sot` forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are alien on the property for the amount of the deli uen, ° fees:,A certified copy of the confirmed report shall be filed with the county auditor a amounts of the respective assessments against the respective parcels of land as they ar on the current assessment role. The lien created attaches upon recordation of a c ified copy of the resolution of confirmation in the office of the county recorder . The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. 3. All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to the assessment, except that if any real property to which the lien would attach has been transferred, or conveyed to a bona fide purchaser for value, or if alien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to the real property and the delinquent fees, as confirmed, relating to the property shall be transferred to the unsecured role for collection. C. Pursuant to the provisions of section 8.17.050E, nothing in this chapter shall prevent any occupant from regularly collecting and disposing of refuse generated in or on the occupant's premises, as an alternative to receiving and paying for refuse collection services from a permittee, provided, however, that such occupant shall comply with all other provisions of this chapter Page 201 of 496 applicable to occupants. No occupant shall employ or engage any erste -refuse enterprise, other than a permittee, to haul or transport refuse from the occupant's premises. Any occupant desiring to collect and dispose of refuse generated in or on his or her premises ("self -haul"), must first obtain a self -haul permit from the city, and pay the self -haul permit fee in an amount established by resolution of the city council. Each occupant issued a self -haul permit must dispose of refuse at the occupant's expense, at a city -directed landfill or transfer station, or such other landfill, transfer station or processing facility meting all applicable regulatory requirements. Each occupant issued a self -haul permit shall, every six months, file with the city manager or designee a report detailing the quantity and nature of all refuse, including recyclables, removed from the occupant's premises. The report shall be delivered to the city manager or designee on or before January let and July lot of each year for the immediately preceding six-month period. The report shall identify the waste disposal facility utilized by the occupant and shall include copies of all receipts evidencing disposal, issued by such disposal facility during the six-month period. A failure to file any required report is a violation of this chapter, punishable as an infraction or by administrative penalty as provided in this Code. D. The provisions of subsection &.44-.2AQ-.A of this section shall not apply to any owner, tenant, or person having lawful possession of a residential unit, who provides evidence satisfactory to the city manager or designee that the residential unit has.Gbeen occupied by any person for 60 or more consecutive days, for the period of time the prope ccupied. (Code 1980, § 8.17.280; Ord. No. 838, § 2, 4-6-2011) Editor's note—Ord. No. 838, § 1, adopted April 6, 2011, repe 8.17. 80 in its entirety. Section 2 of said ordinance enacted new provisions to read as herein set o this amendment, § 8.17.280 pertained to charges for service. See Ordinance Disposition List fo eriva ter, 265 § I(p ..t) 1985) CHAPTER 8.18. EMERGENCY MEDICAL SERVICES* *State law reference—Emergencies Services Act, Government Code § 8550 et seq.; emergency medical services, Health and Safety Code § 1797 dt seq. Sec. 8.18.010. Definitions. Unless otherwise stated, words and terms are defined as follows: Advanced life support (ALS) wee emergency medical service vehicle means an wee emergency medical vehicle which has additional equipment and supplies, as required by state or local law and the county health officer, applicable to the provision of advanced life support level of service. speeial serviees desigeed to provide definitive jpgrehes it-A medieal eare. ineludingiz but not limited t. eard: „1.,,.,.,., . resuscitation, earl' a -...,,oite«:.. . 4i Page 202 of 496 4 -Basic life support (BLS) a;. h. e' emergency inedi.cal service vehicle means an AMWIlAnP.P. emer�-ency medical service vehicle which has equipment and supplies as required by the California Administrative Code and any other local or state regulation applicable to the provision of basic life support level of service. emefeeneifitrst-a• a;-ie3vrixixvvr,hi I E"City"_meRns the eity ofRa .. he C.;,,.,.,,,,ng California-. F_.Oty mun.ager means the city manager of the City of Rancho Cucamonga, or his or her designee. C.Class of service means the level Al -levels of complexity of field emergency medical services, and will be specified as basic life support provided by certified emergency medical technician (EMT -1A) personnel conforming to the provisions of the California Health and Safety Code full advanced life-support provided by r'Al• iii state -licensed physicians, or by paramedics and mobile intensive care nurses certified under the California Health.and Safety Code. 9Code 3 means the period when an advanced life suppo a�F�ulnee emergency medical service vehicle is traveling to or from a patient pickup point as a result of an emergency call and during which said ^•wee emergency medical servicweliicle is using red lights and siren. K:Couiity healthofficer means that pers`o designated as such by the County of San Bernardino. personnel nel or a t.ublie s f+., rt„i) Enrergen.cy call mean"s a equest for the dispatch of an timbtilanee emergency medical service vehicle to transport or provide other assistance for a person who apparently has sudden or unforeseen need of emergency medical attention. M-.Ernergen.cy medical service means serviees .,filiv, 1 in &n4 the functions performed in response to an emergency call, and includes the provision of advanced life support. A-. "^ , 1 •.1.. ,'• "Frn.er errc rn.edical vehicle means any vehicle specially constructed, modified or equipped, and used for the purpose of transporting sick, injured, convalescent, infirm or otherwise incapacitated persons and which is equipped with emergency signaling devices (such as red light and siren) or which is subject to licensing by the state Galifernia highway patrol as an n-� emergency medical service vehicle. G "Ambalanee Errrer,-ency medical vehicle service operator means any person who owns or operates one or more ranee emergency medical service vehicles, either on an emergency or a nonemergency basis. "Emereenev Mediea-1. T-e-p-hnigiiiij 1" or, "EMT 1” means aft individual tr-ainod in basie life s4ipper-t or -dine to standards � ribe.] by +„ 1..7 .,1+1 And CAF„+,. Cad � i7n� et . cv ocr[xxaccx ccTTsicaC-r-a�c�[*�^cv�zcarcn-mr�vaccc����iTa�--c��eq^ Page 203 of 496 aTi`.v, ^a: ^1 + 1, ' ^a: n "EMT- R" a d n u .,1,'1 + . cecxrir'rczim�icrizc•" Qi xixvmxi= iiicciasive—%ai$ ea:means „a:.,:,1,,.,1 4A,hQ80 S6613e Orn 6466 +� :a to TT�eart-b— A - Rd SafetvC^a^ 179 ^+ ^ Mobile intensive care nurse (MIC;) means ar^^nurse who has been certified by the county health officer as qualified in the provision of emergency cardiac and noncardiac care and in the issuance of emergency instructions to mobile intensive care paramedics (MICP). J-^ + + u a n ,.F^ r+ a R Q5 And .,1,^ 1,^Rh� � � +�^ a � pars asst c^�aicanics3-irixazTvic3�i�Trr� � � ciz�u c medic tietions to prehospital eynerge-ney fn to abrin dg QMobile intensive care par'arriedic (MICP) means a person specially trained in the provision of emergency cardiac and noncardiac care and who holds,a current -EMT -P certificate. \ s-� a Nonemergency call means all requests for wee emergency medical service vehicle services which do not require a Code 3 response nor the provision of emergency services as of the time the call is made. jl;�Pat.ient. means a sick, injured, wounded invdlid, expectant mother, convalescent, or otherwise incapacitated person. I�YAerson who ossesses a current cit Pernutfee means an permit to act as an ���AY emergency medical service vehicle, e -operator, including all employees, directors, officers and agents of permittee. Y (Code 1980, § 8.18.010; Ord. No. 269,_§ 1(part), 1985) See. 8.18.020. Permits required. A. It is unlawful for any person, either as owner, employee or otherwise, to operate an emergency medical service vehicle, or to engage in business as an AMLMIAMPe emergency medical service vehicle sermiee-operator, upon the streets or any public way or place in the city, except in conformance with a valid city permit to operate an Ambulance emergency medical service vehicle service_ A permit may be issued authorizing the provision of nonemergency services only, or nonemergency and emergency service. B. Exceptions. The equipment and personnel standards specified in this chapter apply to all emergency medical service vehicle operators; however, the licensing and permit requirements shall not apply to: Publicly owned wee emergency medical service vehicles; or 2. Vehicles operated as wee emergency medical service vehicles at the request of local authorities during any "state of war emergency," duly proclaimed "state of emergency" or "local emergency," as defined in the California Emergency Services Act, Page 204 of 496 Government Code8550 et se rr�� ^^+ r !7„r Divisie I „r m;+r„ o „c +h„ Government Code), as amended. (Code 1980, § 8-18.020; Ord. No. 269, § 1(part), 1985) State law reference—Authority to contract ambulance services, Government Code §§ 38794, 54981. Sec. 8.1.8.030. Permit fees. Permit fees shall be those which are, from time to time, set by the city council. All permits shall be issued to expire on June 30fh of each year. (Code 1980, § 8.18.030; Ord. No. 269, § 1(part), 1985) Sec. 8.18.040. Application for a permit or renewal of a permit. A�Procedare and raformation required. Prerequisites to the issuance of a permit or renewal of a permit for an applicant shall include the filing with the city manager of an application in writing on a form to be furnished by the city manager, which shall provide the following minimum information: A.4. Name and description of applicant; B.-2-. Business address and residence address of any individual applicant; C.3-.. The name under which the "e emergency �medical-service vehicle service will do business; ,' t I y D.4- If a corporation, joint venture, partnerships or'Iimited . partnership, the names of all partners, or the names of corporate officers, their residence addresses, and their percentage of participation in the business; �� E.;} If the applicant is applying for a permit torprole emergency service, a verification that the applicant is equipped to and will provide ALS paramedic service at all times in the city; F.E} Express warranty from th pplicant=in all applications that the applicant owns or has under his control required\equipment to adequately conduct an amhu!Rnee emergency medical service vehicle service in the city which meets the requirements established by the California Vehicle Code, and that the applicant owns or has access to suitable and safe facilities for maintaining his ambulanee emergency medical service vehicle service in a clean and sanitary condition. If applying for initial or renewed permit to provide emergency services, both initial and renewal applications must contain a statement that the applicant will maintain (station) at least one ALS -equipped wee emergency medical service vehicle within the geographical boundaries of the city. Additionally, the applicant must establish to the reasonable satisfaction of the city manager that the applicant has adequate capability to back up or augment such ALS -equipped ambuliffieO emergency medical service vehicle if it is not immediately available to respond to a call therefor; G.7r- A complete description of each wee emergency medical service vehicle to be operated by the applicant, including a list of the internal equipment carried by each wee emergency medical service vehicle, the patient capacity thereof, and a copy of the applicant's current ambulanee emergency medical service vehicle inspection report issued by the state Sali€e}MiA highway patrol for each vehicle; H.B-A statement by the applicant warranting that each permitted ambulanee emergency medical service vehicle and its appurtenances conforms to all applicable provisions of this chapter, the �'a'�=aVehicle Code, the California Administrative Code, and all other state, county or city applicable rules or regulations; Page 205 of 496 I.0-. If the applicant is applying for a permit to provide emergency service, a statement that the applicant employs sufficient personnel adequately trained and available to deliver emergency ALS paramedic wee emergency medical service vehicle services of good quality at all times in the city; J.44. A description of the level of training for each EtEnbulanee emergency medical service vehicle employee, and a copy of each current certificate or license, including driver's license, issued by the state and county, establishing qualifications of such personnel to be employed in ambulanee emergencyemergengy medical service vehicle operations; K.44 A statement, in an initial application, that shows to the satisfaction of the city manager that the issuance of a permit is in the public interest and there is a need for a permit to be issued, in that there is a requirement for ambulaftee emergency medical service vehicle service which can be provided by the applicant; LA2- A statement signed by the applicant that, as a condition of the city issuing a permit, applicant agrees to appear and defend all actions against the city arising out of the exercise of the permit, and shall indemnify and save the city, its officers and employees and agents harmless from any and all claims; demands, actions or causes of actions of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of this permit; M.44-. A schedule of ratesg P p ro bsed to be charged ey eap> the applicant; �Y � � N447Whetherthe applicant. is seeking a perrriit to provide advanced life support (emergency) or basic life support (nonemergency} level of service, or both. (Code 1980, § 8.18.040; Ord. No. 269, § 1(part), 1985) Sec. 8.18.050. Investigation by city man ager` Upon receipt of a completed initial (nonrenewal) application, the city manager shall conduct an investigation to determine if the applicant eets all requirements of this chapter. Upon completion of his investigation, the citypanager shall recommend to the cit council that a permit be granted or denied. The determinatio`n--of'the city council shall be made after a duly noticed public hearing upon the qualifications of.the applicant. 11--,\ (Code 1980, § 8.18.050; Ord. No. 269,x§ 1(part), 1985) Sec. 8.18.060. Issuance or den l"of permit; bonding and insurance. A. The city council shall order the issuance of a new permit to conduct an wee emergency_ medical service vehicle service in the city upon finding that the applicant meets all requirements of this chapter. B. The city council may deny a new or renewed permit if it finds any of the following conditions to be true: 1. That the application does not contain the information required by the provisions of this chapter; fw 2. That the vehicles described in the application are inadequate or unsafe for the purpose for which they are to be used; er 3. That the color scheme, name, monogram or insignia to be used upon such vehicles is in conflict with or imitates any color scheme, name, monogram or insignia used by any person so as to be misleading or tending to mislead or misrepresent material facts; 4. That there is insufficient need for such additional ambulanee emergency medical service vehicle service within the city, provided that the sole fact there is an existing provider or providers shall not constitute sufficient proof that the condition exists; or Page 206 of 496 5. That the applicant or the proposed see emergency medical service vehicle operation does not satisfactorily meet all requirements set forth in this chapter. C. The ei council may deny a permit if the applicant or any partner, officer or director thereof: 1. Was previously the holder of any wee emergency medical service vehicle permit which permit was revoked or suspended; or 2. Has, within the preceding five years, committed any act which, if committed by any permittee, would be grounds for the suspension or revocation of a permit issued pursuant to this chapter; or 3. Has committed any act involving dishonesty, fraud or deceit whereby another is injured or where the applicant has benefitted; er 4. Has acted as an wee emergency medical service vehicle seFviee-0perator in any city without possessing a required permit therefor; or 5. Has aided or abetted any person in violating any provision of this chapter or any other aaee emergency medical service vehicle ordinance; or 6. Has made any material misstatement of fact upony pplication, or during the course of any investigation required or permitted by this D. Bonding of applicant. Before any permit is the cit council may require the applicant, as a condil the city clerk a cash bond in the sum of 1210 in the same amount, furnished by a corporation utt the city. The bond shall be conditioned upon -the I his obligations under the applicable prov* ons effect by the permittee throughout the lif f the n ue unhe provisions of this chapter, a he issuance of the permit, to post with or a surety bond do do business in the state, payable to ithful performance by the permittee of apter, and shall be kept in full force and and all renewals thereof. E. As a condition of issuan a7WAMWA to operate an aanee emergency medical service vehicle under this chap tNer"'ttee shall hold harmless, indemnify and defend the city, its elected officials, officers aom any and all claims and lawsuits for damage to persons or property arising oy way connected with permittee's ambi4anee emergency medical service vehicle opera t or operations of permittee's officers, employees and agents with respect to the provision of emergency_ medical service vehicle services, to the maximum extent provided by law. F. Liability insurance. The permittee shall obtain and keep in force during the term of the permit public liability insurance issued by a company authorized to do business in the state, insuring the wee emergency medical service vehicle setwiee-operator and histher employees, and also naming the city, its elected officials, officers and employees as additional insureds of such policy, against loss by reason of injury or damages to persons or property arising from the operation or defective construction of such wee emergency medical service vehicle, or from violation of this chapter, or of any other law of the state or of the United States. Such policy shall contain provisions, to the extent the insurer is willing to provide, waiving insurer's right of subrogation, making all policies primary and noncontributing, and such policy shall be in the sum of not less than $4.000.000.00 for personal injury to or death of any one person in any single accident; and the limits of each such policy shall not be less than $4.000.000.00 few million an]] Uwm—for damages to or destruction of property in any one accident. Workers' compensation insurance shall be carried covering all employees of the permittee. Copies of the policies or certificates evidencing such policies shall be riled with the city clerk prior to the effective date of any permit issued hereunder. All policies shall contain a provision requiring 30 Page 207 of 496 thirty -days' notice to be given to the city clerk prior to cancellation, modification or reduction of limits of any policies required herein. (Code 1980, § 8.18.060; Ord. No. 269, § ](part), 1985) Sec. 8.18.070. Content of permit. The permit shall specify the dates of issuance and of expiration, the license number or vehicle identification number of each knee emer�-,ency medical service _ vehicle authorized thereunder, number of vehicles to be used by the permittee, plus any special conditions imposed as a condition precedent to the issuance of such permit by the city council. (Code 1980, § 8.18.070; Ord. No. 269, § 1(part), 1985) Sec. 8.18.080. Amendment of permits. Upon request by the permittee, the city manager may amend the conditions specified in a permit, if he finds such requested changes to be in substantial compliance with the provisions of this chapter. Such amendment shall not affect the expiration date of.the existing permit, nor shall it authorize a change in ownership from that specified in the original permit. {Code 1980, § 8.18.080; Ord. No. 269, § ](part), 1985) Sec. 8.18.090. Renewal of permits. (� A. Permits may be renewed annually by the city 'ma�nager upon application of the permittee made at least 60 e y --days prior to expiration of the c ru rent permi , if the permit holder proposes no substantial change in the nature of service to be -rendered, if the city manager determines that N �`.. the permit holder has, during the period of the expiring\permit, operated in conformity with the provisions of this chapter and the rules and regulations of=the city, that he is capable of continuing operation in conformity with the rules and -regulations of the city, and that all facts contained in the original and renewal application are still true.. B. Unless good cause can be shown y the permittee, it shall be a valid basis for nonrenewal of a permit if the permittee has not during the preceding permit period, had a Code 3 response n-. i( time, in at least 95 n-ir�y-n-pe-percent,o£ rtsemergency calls, of ten minutes or less, such response time being measured from the�time\the permittee is given the request until the permittee's a-mbula ee emer enc medicaFservice vehicle actually arrived at the location for which the service was requested. Calls which commence as emergency calls but which are converted to nonemergency calls during the prodision of service shall not be included in the calculation specified in this subsection44. (Code 1980, § 8.18.090; Ord. No. 269, § ](part), 1985) See. 8.18.100. Suspension and revocation of permits. The city manager shall be empowered to and may suspend or revoke any permit issued under the provisions of this chapter when it has been found, after investigation, that the permittee has become insolvent, or the permittee or any partner, officer, director or employee of permit holder: A. Has violated any section of this chapter, or any rules or regulations that are promulgated by the city which relate to the permit. activities; B. Has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habit-forming drugs; of C. Has committed any act involving dishonesty, fraud or deceit whereby another is injured, or the permittee has benefitted; e+ D. Has misrepresented a material fact in obtaining a permit, or is no longer adhering to the conditions imposed by this chapter or by the city council; er Page 208 of 496 E. Has aided or abetted any person in violating the provisions of this chapter or any law relating to the activities permitted hereunder; of F. Has failed to make or keep any records or logs, as required in this. chapter, or has failed to have such records available for inspection by the city manager or his duly authorized representative for a period of not less than three years after completion of any activity to which the records refer; G. Has accepted an emergency call when the applicant knows or should have known that he is unable to provide the requested service, or when the applicant has accepted an emergency call and fails to inform and obtain consent from the person requesting such service of any delay before causing an knee emergency medical service vehicle to respond from a location so distant as to cause a response time greater than ten minutes; H. If holding a permit authorizing emergency service and without prior approval by the city has failed to provide an Ambulanee emergency medical service vehicle, complete with appropriate personnel, within the city, capable and authorized to provide advanced life support level of service, for a continuous period exceeding 24 Twenty e ^-- consecutive hours; I. Fails to notify the Foothill Rancho Cucamonga Protection District Dispatch Center of a request or need for eme -genet' aulanee emergenc -�'�y-medical service vehicle service, as hereinafter required, within the city; J. Operates an ambulanee emergency medical servicevehidenoted as a paramedic unit by working or lettering on the unit without qualified mobile intensive care (MIC) personnel and equipment in the vehicle,' \ 1 K. Has or has attempted to assign, -transfer o�r)'sell any interest in ownership without complying with all conditions se ¢forth i 0iis'chapter; L. During any validation period of not lessithan 30 �3days, has failed to respond to 95 -�i--�ve percent of Code -3 calls within ten minutes or less; or M. Has had, during the effecte.pe'riod, of the permit granted under this chapter, any license or permit to operate an, R4 -e emergency medical service vehicle in any city, county or state suspended or\\ evokedy (Code 1980, § 8.18.100; Ord. No. 269;v§y 1(part), 1985) Sec. 8.18.110. Suspension, conditional operation, and temporary variance. A. At least 30 thirty days prior to any sale, transfer or change in ownership interest of any kind or nature, any interruption of service, or any change in staffing or equipment of the permitted emergency medical service vehicle'service, the permittee shall notify the city manager immediately in writing, stating the facts of such change. Failure to obtain approval of the city manager prior to such changes or interruption shall be grounds for immediate permit revocation. B. Upon request by the permittee, the city manager may grant a temporary variance in writing from the conditions specified in the original permit if he finds that such change is in substantial compliance with the provisions of this chapter, or he may deny permittee's request. In all cases when a change of ownership is planned, an application for a new permit shall be filed 30 thirty days prior thereto. The application must contain all information required in this chapter with respect to new permits, and the application must be approved prior to the effective date of any such change of ownership. Failure to obtain prior approval shall be grounds for revocation of any permits previously issued hereunder. (Code 1980, § 8.18.110; Ord. No. 269, § 1(part), 1985) Page 209 of 496 Sec. 8.18.120. Appeal procedure. A. If the application for renewal of a permit is denied by the city manager, or if the city manager suspends or revokes a permit, the permittee shall be given written notice specifying not only the action taken, but, in the event of a suspension or revocation, the effective date thereof, which shall be not less than 15 4teen— .ays after the date of such notice, except as otherwise provided herein. Such notification shall be by registered or certified mail. B. Within ten calendar days after the date of such notification, the permittee may request a hearing before the city manager. Such request must be in writing to the city clerk. If such request is timely made, the effective date of any denial, suspension or revocation shall be extended until 15 fiAee-nrdays following the city manager's action upon the request. The city manager may, after such hearing, affirm, modify or set aside the original decision. If no timely appeal is received, the city manager's decision shall be final. C. If, after the hearing provided for above, the city manager denies renewal, suspends or revokes a permit, the permittee shall have the right to demand a hearing by the city council. A request for a hearing shall be made in writing -to the city clerk within 15 &aeen:alendar days following the denial, suspension or revocation of the permit. Upon receipt of a written request, the city clerk shall set the matter for hearing on a date not more than 60 4x"ays following receipt of the written request and give notice to the appellant, the city manager, and any other interested persons who may present evidence relevant to the decision of -the city' manager. Within 30 th44y days following the conclusion of the hearing, the civ ouncil shall make findings and issue its order modifying, affirming or denying the action of the city*manager. If no timely appeal to the city council is received, the city manager's decision shall b::eb final D. Except as otherwise herein provided, d 6r ing th)e)time available to request an appeal, and at all times prior to the rendering of a final.judgr nt�t,the effect of such nonrenewal, suspension or revocation shall be stayed. The decision of the c4 council shall be final. E- Notwithstanding any other provisions herein contained to the contrary, the city manager shall be empowered to effect. anti mediate suspension of a permit, pending hearing, without delaying the effective date thereof,\f he ---first finds the continued conduct of such permittee constitutes a danger to the public health, safety or welfare. F. Any permittee whose per it as been suspended under the provisions of subsection E of this section shall have a hearing scheduled before the city manager within five working days of such suspension..An aggrieved permittee may appeal the city manager's decision as provided in subsection B of this section8;-18.120. However, the suspension shall not be stayed during such appeal procedure. (Code 1980, § 8.18.120; Ord. No. 269, § 1(part), 1985) Sec. 8.18.130. Emergency service requirements. Each emergency service permittee shall provide advanced life support (paramedic) wee emergency medical service vehicle service on a continuous 24 -hour -per -day basis during the entire term of the permit. (Code 1980, § 8.18.130; Ord. No. 269, § 1(part), 1985) Sec. 8.18.140. Conformance with permit requirements. No ambulanee emergency medical service vehicle operator shall provide Ambillanee medical vehicle service for ambulanee emergency medical service vehicle calls originating within the city unless he shall first have obtained a valid city permit in accordance with this chapter. (Code 1980, § 8.18.140; Ord, No. 269, § 1(part), 1985) Page 210 of 496 Sec. 8.18.150. Standards for dispatch. A. Each emergency'�a ee medical service vehicle service receiving an emergency request shall dispatch an ambulanee emergency medical service vehicle in compliance with all city procedures and procedures required by all applicable state and county codes. If an ambttlftfiee emergency medical service vehicle is not available for immediate dispatch, the procedures required by all applicable state laws, including the California Administrative Code, and any applicable county codes shall be followed. B. The Eaelrhill Rancho Cucamonga Fire Protection District Dispatch Center shall be immediately notified by the permittee of any emergency ^tee emergency medical service vehicle request or need. C. Logs, 1. All emergeney serviee emergency medical service vehicle operators shall maintain a log for a period of three years containing all dispatch and arrival times and locations, the nature of the medical emergency, the total amount charged, and the name of the recipient of such services, all made under penalty of perjury and available for inspection by city representatives during office hours. 2. All nonemergency ambulanee medicaI service vehicl�erators shall maintain a similar log, except that dispatch and response times shalLnot:beMired to be recorded. D. No ambulanee emergency medical service vehicle shall berdispatched without having first received a legitimate request for such services. (Code 1980, § 8.18.150; Ord. No. 269, § 1(part), 1955) Sec. 8.18.160. Emergency medical ser`. Jce vehicle safety and emergency equipment requirements. r-:,\\ Emergency medical service hicles shall be maintained at all times in good mechanical repair, in a clean and dssa itary condition, and in full compliance with all applicable local and state laws. A. Minitrrutrt egrri.prrzerzt All, r= e emergency medical service vehicles shall be equipped with two=way radios and all other safety and emergency equipment required for emergency medical service vehicles by the r`a'�ift Vehicle Code and the California Administrative�Code, administrative rules of the county health officer as the same are now written, or hereafter amended, and any other rules or regulations applicable to ambulanee emergeney medical service vehicle services. B. Errr.ergeac. Y 64' e'` ...,.r...',.nee nredi.cal serolce vehicle equipment. (ALS) . In addition to the -regular ice emergency medical service vehicle equipment and supplies, all ALS Rmb SFR=gee-emergency medical service vehicles shall also be equipped as required under the administrative rules of the county health officer, and as required by any other applicable state or local regulations. C. Maintenance of emergency equipment. and supplies. Dressings, bandaging, instruments and other medical supplies used for care and treatment of patients will be protected so they are sterile when ready for use. (Code 1980, § 8.18.160; Ord. No. 269 § 1(part), 1985) Sec. 8.18.170. medical service vehicle personnel. A. Every person who drives an ambulanee emergency medical service vehicle within the city, while responding to calls, shall comply with all applicable requirements of state law, including those requirements set forth in the California Administrative Code for affibu•-ldnee Page 211 of 496 emergency medical service vehicle drivers. The driver of an wee emergency medical service vehicle shall be trained and competent in the proper use of all equipment required by this chapter or other applicable law. The driver shall also hold a certificate of at least an EMT -1A unless the ambuIeee emergency medical service vehicle operator has been specifically exempted from this requirement by the city council. The driver shall hold a valid state California driver's license which authorizes the driver to drive an 44 b� emergency medical service vehicle. B. AmhiilAneeEmergency medical service vehicle attendant. All ambillanee emergency medical service vehicle attendants shall be trained and competent in the proper use of all equipment required by this chapter, or by other applicable law, and shall hold the required certification of at least an EMT -IA. If the vehicle is being used as an emergency medical service (ALS) vehiclea--wee, at least one attendant shall hold a current certificate as an MIC paramedic (EMT -P). C. Attendant required. Each n-•� h4 emergency medical service vehicle being operated within the city, in response to an emergency call, shall be staffed by both a driver and MIC paramedic. The MIC paramedic of an ambulanee emergency medical service vehicle responding to an emergency call shall occupy the patient compartment while transporting any person in apparent need of medical attention. In nonemergency calls, the attendant must hold, at minimum, a current EMT -IA certificate. D. An aawhilkaee emergency medical service vehicle"driver or inbulanee emergency medical service vehicle attendant who is a mania state -licensed physician or a MIC nurse currently certified shall be exempt from the emergency medical training requirement of this section. E. This section shall not apply during any, st t of emergency" or "local emergency," as defined in the Government Code of the state. (Code 1980, § 8.18.170., Ord. No. 269, § 1(part),(1985) Sec. 8.18.180. Continuation of cath An �e emergency medica7Fservice_vehicle based and properly licensed outside the city, but not licensed by the city, shall be authorized to transport a patient to or through the city, but shall not be authorized to transport patients originating in the city, except in emergency situations when no other licensed emergency service provider is reasonably available. In the discretion of the requesting agency, and sub}ect�o subsequent review by the city, a non -city -licensed Amhulanee emergency medical service vehicle may be utilized in life and death situations when no licensed provider is reasonably available. (Code 1980, § 8.18.180; Ord. No. 269, § 1(part), 1985) Sec. 8.18;190. Emergency and disaster operations. During any "state of war emergency," "state of emergency" or "local emergency," as defined in the California Emergency Services Act, Government Code § 8558, (Chapter 7 of D vis of ' AfTitle �Z of the Government Code, as amended, each ambulance emergency medical service vehicle operator shall provide equipment, facilities and personnel as required by the city manager. (Code 1980, § 8.18.190; Ord. No. 269, § 1(part), 1985) State law reference—California Emergency Services Act, Government Code § 8550 et seq. Sec. 8.18.200. User complaint procedures. Any user or subscriber to an ambillanee emergency medical service vehicle contending that he has been required to pay an excessive charge for service, or that he has received unsatisfactory services, may file a written complaint with the city manager setting forth such allegations. The city manager shall notify the affected permittee of such complaint, and shall investigate the Page 212 of 496 matter to determine the validity of the complaint. If the complaint is determined to be valid, the city manager shall take a reasonable and proper action to secure compliance with the conditions of this chapter. (Code 1980, § 8.18.200; Ord. No. 269, § 1(part), 1985) Sec. 8.18.210. Enforcement responsibilities. A. The city manager shall make all necessary and reasonable rules and regulations, subject to the approval of the city council, pertaining to ambulanee emergency medical service vehicles, Tee emergency medical service vehicle operations, equipment and ombulanee emergency_ medical service vehicle personnel, reasonably necessary for the effective and reasonable administration of this chapter. B. The city manager, during office hours or otherwise upon reasonable notice, shall be authorized by the permittee to inspect the records, facilities, vehicles, equipment and methods of operation whenever such inspections are deemed necessary. (Code 1980, § 8.18.210; Ord. No. 269, § 1(part), 1985) Sec. 8.18.220. Excused performance. No operator shall be deemed to be in violation of its pee-r�mht if it fails to provide, either in whole or in part, the services otherwise required, without faiAt-of_per`mittee, if such performance is prevented by any of the following: A. Acts of God; B. Labor strikes or disputes; C. Intervention of any government body; or D. Any force reasonably beyond the �control of'the operator. (Code 1980, § 8.18.220; Ord. No. 269, § 1(part) 1985) Sec. 8.18.230. Penalty for violation of chapter. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of�the requirements of this chapter. Any person, firm, partnership or NA. /r. corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding 1 000.00 thAuF;Y� l ae"R• , or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 8.18.230; Ord. No. 269, § 1(part), 1985) Sec. 8.18.240. Civil remedies available. The violation of any of the provisions of this chapter shall constitute a nuisance, and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of nuisances. (Code 1980, § 8.18.240; Ord. No. 269, § 1(part), 1985) Page 213 of 496 9 paragraphs, sentenees and words of tehapter hall . CHAPTER 8.19. COMMERCIAL AND INDUSTRIAL REFUSE R.ECYCLABLES AND GREEN WASTE COLLECTION* *State law reference Solid waste management and recycling, Government Code § 66799 et seq.; authority of city to acquire garbage disposal sites, Government Code § 38790; city collecting garbage fees may also collect delinquent fees or charges, Government Code § 38790.1; garbage and refuse generally, Public Resources Code § 49000 et seq.; power of city to contract for collection and disposal of garbage and refuse, Public Resources Code § 49300. Sec. 8.19.010. Legislative policy. The city council efGueamengeoes find and determine that storage, accumulation, collection and disposal of refuse, trash, r -o bisli,-mid waste, debris recyclables, green waste and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and of problems affecting the health, welfare and safety of the residents of Rancho Cucamonga aBurr unding cities. The city council further declares that regulations provided in this �chapt ed to eliminate or alleviate such problems. 7 Jh_The city council of the City of Raneh hereby finds and determines that the City is committed to protecting the public health, a£e e e and environment; that in order to meet these goals it is necessary that the City p ote t reduction of solid waste and reduce the stream of solid waste going to land fills; t Ca ornia law as embodied in the California Waste Management Act (California Pu. lic ou ees Code Sections40000 et seq.), Rancho Cucamonga is required to prepare, adopt and im ement source reduction and recycling elements to reach reduction goals, and is required to male substantial reductions in the volume of waste materials going to landfill, und, he hreat of penalties of $10,000 per day; that Waste from demolition and construction of s el- esents a large portion of the volume presently coming from Rancho Cucamonga, aNthm of that waste is particularly suitable for recycling; that Rancho Cucamonga' s comto he reduction of waste and to compliance with state law requires the establishmentams for recycling and salvaging construction and demolition materials; the city counciles that requiring demolition and construction Waste to be recycled and reused may in some respects add modestly, to the cost of demolition and in other respects may make possible some cost recovery and cost reduction; and that it is necessary in order to protect the public health, safety and welfare that the r 'regulations in this chanter be adopted. (Code 1980, § 8.19.010; Ord. No. 291, § 1(part), 1986; Ord. No. 711, § 1, 8-6-2013) Sec. 8.19.020. Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: AAnimal waste means manure, fertilizer, or any form of solid excrement produced by any and allforms of domestic animals or commercial livestock. 160.00. "NORMAN"FRAMB.. r Page 214 of 496 Br Bulky item means any large item that requires special handling including but not limited to. appliances and furniture. &Commercial or industrial establishment means, for the purposes of this chapter, all commercial and industrial sites, includingthe fel4e, but not restricted to, retail and wholesale stores, factories, service shops, hospitals, convalescent homes, 8808tPH84iAn wasteAPIF hotels, motels, restaurants, and office complexes; however, not including: all units considered residential as defined by chapter 8.17 Construction and demolition waste means de minimis amounts of discarded non -water soluble nonhazardous materialsener ted from a construction demolition landscaping or structural renovation proiect including but not limited to clean cardboard paper, plastic wood metal scraps, steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, lumber, rocks, soils, tree remains. trees, and other vegetative matter that normally results from land clearing. landscaping and development operations for construction, demolition, landscaping or structural renovation projects; F. rr rr means au Waste ffl-Atepiftl and Fubbis-h &F-im- the r alteration, a . kg and demolition af Wilding or- pr-eduetion and development ef pr-epeAy by G. "ela$eil" EnC the 'ty 1 1' 41, '+ uai�-ornccia,--c4iiiserire�r-c•:sc cicT means AAIIiJPA A.4: Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating „reversible. illness: $.-2. Pose a substantial present or potential hazard toh_u_ man health or environment when improperly treated, stored: transported or disposed of, or otherwise managed- The term "hazardous waste" includes. but is not limited to. universal waste and medical waste. State law reference—Definition of hazardous waste, Public Resources Code § 40141. :Occupants means and includes every owner of, and every tenant or person who is in possession of, or has the care and control of, a commercial or industrial establishment. Permittee means any refuse collector authorized by the city council of the to collect refuse within the city pursuant to this chapter. Person, as used in this chapter, means any individual, firm, corporation, association or group or combination acting as a unit. ReCyclables means reusable waste materials, including, but not limited to. paper, books, magazines, boxes, wrappers, plastics. metals, glass, packaging, textiles, construction and Page 215 of 496 demolition waste, green waste, byproducts and such materials as listed by the director as recyclables that are to be collected separate from_ refuse and processed_ and used as raw materials. Recyclables do not include refuse or hazardous waste. 1TRefuse means and includes any and all types e f rubbish, t- s A-ther. AP. Matevie4 F ec ,.md to i this ehapte-1-putrescible and nonputrescible solid and semisolid waste, including, but not limited to, garbage, solid waste matter, trash, ashes, industrial wastes bulky items, animal wastes, yegetable solid and semisolid wastes and combustible and noncombustible wastes. The term "refiise" does not include hazardous or household hazardous waste, 1J -waste. universal waste. medical waste, sharps, low level radioactive waste, construction demolition waste, recyclables or green waste. M -Refuse collector means any person- or per -sons, firm, co -partnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of se'iwaste t refuse, recyclables and/or green waste in the city. n Rubbish" •s r&H aenbiedegfadahle waste, or debFis sueh as papep,eardboard, gmss, estmw, -, weed, et- weed pi -ed er-eekepyiglass,Fubbep,-metal, plastie, y �Rls . eNtraeted, segregated, removed eF developed. syringes, intravenous needles and lancets:' as ,ittbbish,paper, R -.Streets means the publi ; ways and alleys, except state freeways, as the same now or may hereafter exist within t ci fish, -Q-. Resulting frem deeay, dealing in or- star -age of meats, : fpdits or vegetables-, ipeluding the eeente-appers wasted alefkg with sueh materials; fish,estabhshments er- any other. plaee esing, dealing in or handling meats, , vegeta Truck means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse, recyclables or green waste or to haul or transport refuse= recyclables or green waste. Page 216 of 496 Universal waste means _discarded consumer products containing mercury,, lead, cadmium and other substances that are hazardous to human health and the environment, including, but not limited to, batteries and fluorescent tubes. (Code 1980, § 8,19.020; Ord. No. 291, § 1(part), 1986) Sec. 9.19.030. Authority of city council to issue permits for collection and disposal.. . Pursuant to -Reepetien 669-767- of the G&Wbrnia Government The city council shall have the authority to issue permits for the collection and disposal of refuse, , nabbish- and- ethe- farms of selid was recvclables and green waste as provided for in this chapter and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the city council to ensure the faithful performance of such collection and disposal service in accordance with this chapter and the terms and conditions imposed by the city council. In the event that any permittee shall fail or refuse to conform to the conditions of the permit or this chapter, the ci council, at its option and after a hearing called upon at least ten days' written notice to the permittee, may revoke such permit. In issuing permits for refuse, recyclables and green wost.e a -n4 rubbish collection and disposal, the city council shall not be required to issue the same based upon the offer of lower or lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the terms of this chapter and such of erms and conditions imposed by the ci council. (Code 1980, § 8.19.030; Ord. No. 291, § 1(part), 1986) Sec. 8.19.040, Permits for refuse collection and est hment of collection fees. The city council does determine that the dis osal o ollection of refuse, trash, s# or other solid waste is a service to be performed in a city n accordance with the provisions of this chapter. The city may from time to time is s t those parties meeting the criteria of this chapter and such other standards as may a est s ed by resolution of the city council regarding the collection of refuse, from commercial and industrial establishments, provided that no more th h� such permits may be exercised or outstanding simultaneously. So long as any such permit remains in force, collection of material provided for herein may be made only in accordanc ith the terms and conditions hereof. Such fees and charges for such collection, removal andisposal services shall be those which the city council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any refuse, within the city from any commercial or industrial establishment, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the city council and such person complies with the provisions of this chapter and any other regulations which have been adopted pursuant to this chapter_ (Code 1980, § 8.19.040; Ord. No.. 291, § 1(part), 1986; Ord. No. 291-A, § 1, 1987) Sec. 8.19.060. Unlawful collection, It is unlawful and a misdemeanor for any person to collect or transport commercial or industrial refuse within the city unless such person is a permittee as herein defined or is exempted as outlined in subsections A, B, C, or D of this section; and it is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse from any commercial or industrial establishment with any person who is not a permittee as herein defined except as permitted in subsections A, B, C, or D of this section - A. The collection and removal ofseen waste by property owners or individuals doing businesses, including. but not limited to. as --professional landscapers, weed abatement contractors or arborists, when the collection is directly related to their work, shall be exempt from the refuse permit system, Page 217 of 496 B. A permittee shall not be required to collect hazardous waste as part of its regular collection activity. Hazardous waste -Liquid and dFy eausties, aeids, hall not be deposited in collection eenteiners receptacles. C. m -Medical waste (as defined in u.,,,,th- -And- -af ty Cede 26117 the Medical Waste Management Act. Health and Safety Code 4 1 17E00 et seq., as amended from time to time, or any successor provision thereto) shall not be collected by a permittee. Anyone producing amen medical wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy and in accordance with the go4ifernia-Health and Safety Code. D. The collection and removal of recyclableg_material,ineluding, but not limited to, lass, ,from a commercial or industrial establishment that are separated either for reuse, for disposal at recycling facilities, or for the manufacture of new products shall be exempt from the refuse permit system. (Code 1980, § 8.19.050; Ord. No. 291, § 1(part), 1986) Sec. 8.19.051. Unlawful collection eenteiners receAtaclea. A. Subject to the authorizations and exceptions under ectio 8.19.050, it shall be unlawful. for any person to place or leave standing a eentsiner recce.Dwown vr vided by a permittee on any public or private property within the city for the p o of tion and disposal of garbage; refus . Collection Pentainers re c s unlawfully placed within the city are considered a public nuisance and shall be sub' 1 pursuant to the process identified below and enforcement as stipulated in section 112.030.'% B. The city manager may cause the ostinTvf a notice to remove, as described below, in a conspicuous place on any collection eeers re tacles placed on any public or private property within the city in violation of this section. A ootie� o remove posted pursuant to the provisions of this section shall specify the nature of the violation and shall state that the collection eentus receptacles must be removed within 24 twenty fur hours or it may be removed and stored by the city, and the contents disposed of, at theense of the solid waste lei=s receptacle's owner thereof, The posting of a notice to rei*e shall constitute constructive notice to the owner and user of the requirement to rem the collection mer receptacle. C. If the collection 'receptacles are not removed within 24 *we -four -hours after the notice to remove is posted, the city manager may direct the removal and storage of the collection mer receptacle and the disposal of its contents. The owner of the collection bier receptacle shall be liable to reimburse the city for the actual costs of removal and storage of the collection eantainer receptacle, for disposal of its contents, for -the cost of posting the notice, and for any administrative fees that would be owed to the city. All amounts due the city must be paid before the collection Pentaine receptacle may be returned to the owner. Such amounts shall constitute a civil debt owed by the owner of the collection mer receptacle to the city, and the owner shall be liable for any legal costs and fees resulting from any action brought by the city for the recovery of such amounts. Failure to respond to the notice to remove is a misdemeanor and punishable by fine and/or imprisonment as identified in section 1.12.030. D. After the city has removed a collection eentainer receptacle, the city manager shall promptly cause notice to be mailed by certified mail to the owner to claim the stored property. If the collection ARN&Aiaer receptacle is not claimed and all due fees and costs paid within 15 ween days after certified notification to the owner, the collection eentainer receptacle and its contents shall be deemed abandoned property and may be disposed of accordingly. If the contents of the collection Pentaine receptacle include the presence of biodegradable wastes, hazardous Page 218 of 496 constituents, or other environmental or sanitary threats, the city manager may order the immediate appropriate disposition of the contents so as to protect the public's health and safety, and the PAR&Ainer receptacle's owner shall be liable for the costs and fees of disposal. If the owner of the unlawfully placed eantaine receptacle is unknown and no party responds to the notice to remove, the city manager shall deem the mer receptacle and its contents as abandoned property and dispose of it accordingly. E. After a collection PA"tAiner receptacle has once been removed by the city pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this section, including the prohibition of placement of collection eantainers-receptacles by any person other than those authorized or exempted under this section. In the event of a subsequent placement of a collection AAMCAiner receptacle owned by the same owner, the city manager may immediately, without the posting of the notice of removal, direct the removal and storage of the unlawfully placed collection eentainer receptacle and shall, in such case, give notice to the owner to claim the collection AAAtAiNA rec_eptacle. (Code 1980, § 8.19.051; Ord. No. 712, § 1, 2003) Sec. 8.19.055. Scavenging prohibited. A. It shall be unlawful for any person other than authorized recycling agent to remove or otherwise hand contained in any refuse or recycling receptacle that h b collection by a city -permitted refuse collector or au written consent of the refuse collector or author. or agent thereof having exclusive use of such materials for the purpose of recycling, from collection by an authorized recycling agepta" violation of Gali€Arniet Public Resources Cdde & 9 " city permitted refuse collector or refuse or recyclables ,en lae d curbside or elsewhere, for ii e c 'ng agent, without the prior agent, or the property owner, tenant nauthorized removal of recyclables receptacles that have been placed for city residential recycling program, is a B. Any person violating any rovi of is section shall be guilty of an infraction. In addition, the violation of any of t pr isio this section shall constitute a nuisance and may be abated by the city through ss by means of restraining order, preliminary or permanent injunction ori of manner provided by law for the abatement of such nuisances. (Code 1980, § 8.19.055; Ord. No.80 ,, ,2, 2-18-2009) 'f", Sec. 8.19.060. Collection in emergencies. In emergencies, such as the breakdown of equipment, or other unforeseen or unpreventable circumstances, where, in the judgment of the city manager or designee, the particular situation justifies such action, the city manager o'r designee may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this chapter, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding 15 days' duration shall be approved by the city council. (Code 1980, § 8.19.060; Ord. No. 291, § 1(part), 1986) Sec. 8.19.070. Hours of collection. A permittee shall not collect refuse, recyclables or green waste ar rubbish at a commercial or industrial leea it;n stablishment less than 500 feet from a residential area between the hours of 6 p.m. and 6 a.m. the following day. All other refuse, recyclable or green waste or- rubbish collections may take place at any time, unless limited by the city manager. Page 219 of 496 (Code 1980, § 8.19.070; Ord. No. 291, § 1(part), 1986) Sec- 8.19.080. Refuse collection spillage. Permittees shall exercise all reasonable care and diligence in collecting refuse, recyclables or green waste so as to prevent spilling, scattering or dropping refuse, recyclables or green waste, and shall immediately, at the time of occurrence, clean up any such spillage. (Code 1980, § 8-19.080; Ord. No. 291, § 1(part), 1986) Sec. 8.19.090. Refuse recyclables or green waste receptacles. A. Receptacles are to be approved by the city. B. Receptacles shall be new or reconditioned -metal, heavy duty, neatly constructed and painted, leak -resistant; metal receptacles with flush -fitting hinged lids or heavy -gauge plastic. Igak-resistant receptacles with flush -fitting; hinged lid ; iFestaorants, food pree y othe f -be a d- h -Mi al de +Jimg establishfaents are i-equired te have eounte-ph-alaneed- Ifid to hold them open at le-ast eighty d,,g..ees while being 1...,ded C. Permittee shall maintain all receptacles furnished in good mechanical and sanitary condition which shall include periodic cleaning to providd maintain a high degree of e,n sanitation. ; D. Receptacles shall be constantly maintained -oer, completely replaced if unsightly or damaged and shall be completely refurbis b e ee as necessity dictates, or as directed by the city manager or designee. (Code 1980, § 8.19.090; Ord. Nc1.9*1,,1§ 1(paidi), 1986) Sec. 8.19.100. Placement of reWwtacles for collection. A. Receptacles shall be kept in enclosures as approved by the city. B. Receptacles shall be placed no further than ten feet from the curbline of a public street, or, if there is no such curb, no further than ten feet from the paved portion of the public street; in the event the receptacle is to be collected from a public alley, the receptacle shall be placed within ten feet of the edge of the right-of-way of said alley. C. In no case shall any receptacle be placed within the public right-of-way, or any place that would create a hazardous situation as deemed by the city manager or designee. (Code 1980, § 8.19.100; Ord. No. 291, § 1(part), 1986) Sec. 8.19.110. Refuse removal. All refuse created, produced or accumulated in or about a commercial or industrial establishment in the city shall be removed from the premises at least once each week. It is unlawful and a misdemeanor for the occupant/owner of any of the above-described premises to fail or neglect to provide for the removal of refuse at least as often as prescribed in section 8.19.130. Each day's violation of this section shall be treated and considered as a separate and distinct offense. Page 224 of 496 (Code 1980, § 8.19.110; Ord. No. 291, § 1(part), 1986) Sec. 8.19,120. Refuse, recyclables and green waste_ disposal. Permittee shall dispose of collected recyclables and green wastes, at permittee's expense, at a city -directed landfill or transfer station in a manner satisfactory to the city and in accordance with all state and local laws and regulations. (Code 1980, § 8.19.120; Ord. No. 291, § 1(part), 1986) Sec. 8.19.130. Special provisions regarding method of disposal. A. The removal of wearing apparel, bedding or other refuse from commercial or industrial establishments (as defined in section 8.17.020L) or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the county of San BeEnArdine health officer and such refuse shall not Reith-er—be placed in receptacles nor left for regular collection and disposal. B. Highly flammable or explosive or radioactive refuse shall not be placed in eentainers or receptacles for regular collection and disposal, but shall be removed under the supervision of the city and/or the fire district aged providing fire protection service within the city at the expense of the owner or possessor of the material. , C. Refuse and recyclables ^ AthwM .,..';a 14P drained before being placed in a Pentsiner A receptac shall be wrapped in paper or other material before beit D.F,It shall be unlawful and a misdemeanor for section. (Code 1980, § 8.19.130; Ord. No. 291, § 1(part), 986) Sec. 8.19.140. Hazardous waste r or other liquids shall be is subject to decomposition in'a mer receptacle. person to violate any provisions of this tPose- AR Substantial present or- potential hazapd to human health offi- en-vire-nment when improperly tFeate4, stered, tranaper-ted, or- disposed of-, or- other -wise managed. $--A. No owner, tenant, lessee or occupant of a commercial or industrial establishment shall Customers :..�a -�} to place any hazardous serial waste in any eentaineg recei2tacle serviced by eentmeto= the permittee. In the event that an etisteme owner. tenant, lessee or occupant of a commercial or industrial establishment places any hazardous Matevial waste in a eomer—receptacle serviced by eemete: the permittee, the permittee will not be required to either collect the material in the mer --receptacle or separate out the material before processing the entire eentainer receptacle. The permittee shall, in the event that it inadvertently removes any hazardous­+aateFial waste from customer's, owner's, tenant's, lessee's or occupant's eentainer return said material to the customer, owner, tenant. lessee or occupant upon discovery of said material. The permittee shall notify customers, owners, tenants, lessees or occupants of any hazardous mated waste found in eentainers receptacles by placing a tag on the receptacle. Permittee shall keep a daily log with the address of each customer, owner, tenant, lessee or occupant whose mer receptacle was not serviced and will provide a copy of saw -the log to the city on a monthly basis. Page 221 of 496 BQ It shall be unlawful and a misdemeanor for any person to violate any provision of this section. (Code 1980, § 8.19.140; Ord. No. 291, § 1{part), 1986) Sec. 8.19.150. Burning, burial or dumping. It is unlawful and a misdemeanor for any person to burn, bury or dump refuse, recyclables or green waste within the city at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the city council, and/or the ageney providing r,a etee4;_ seffviee withinthe ity fire district. (Code 1980, § 8.19.150; Ord. No. 291, § 1(part), 1986) Sec. 8.19.160. Duration of storage. It is unlawful and a misdemeanor for any person to store or accumulate any refuse, Pubbish-e iniseellaneeas debris n commercial or industrial premises in any fir receptacle or at any location other than as hereinabove set forth, or for any length of time Other fkffla -As sA-119;.,.: a period of time in excess of seven days, excerpt in the case of restaurants, food processing, anyTo 1_ other1-1 (Code 1980, § 8.19.160; Ord. No. 291, )18'6) Sec. 8.19.170. Use of trucks. Any person who desir o rate rivately owned refuse, vehicles under provisions of this chapter sha vide their vehicles are watertight and are provided with a tight cover. The city manager or desig shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. (Code 1980, § 8.19.170; Ord. No. 291, § 1(part), 1986) Sec. 8.19.180. No parking of refuse trucks on any city street. A. No person, between the hours of 6:00 p.m. and 6:00 a.m., shall leave a refuse truck parked on any city street. B. No person, between the hours of 6:00 a.m. and 6:00 p.m., shall leave a refuse truck parked on any city street for more than one hour unless city manager or designee is notified that a breakdown or emergency exists. (Code 1980, § 8.19.180; Ord. No. 291, § 1(part), 1986) Sec. 8.19.190. Equipment required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance and an identification card with the name of whom to telephone in case of Page 222 of 496 an accident or emergency. Each truck shall also be equipped with a five -pound fire extinguisher certified by the testate fire marshal and annually recharged. (Code 1980, § 8.19.190; Ord. No. 291, § 1(part), 1986) Sec. 8.19.200. Specifications and restrictions on collection trucks. All trucks used for refuse, recyclables and green waste collection within the city shall be required: A. To be completely enclosed with a rigid, non-absorbent cover while transporting refuse, trash or rubbish recvclables and green waste in or through the city. The term "completely enclosed within a nonabsorbent cover" means that refuse,. recvclables and green waste shall be not visible from the street nor shall any of the substances be permitted to leak, spill or become deposited along the public streets. B. All trucks used in the course of refuseL� recypIgblp$ and V-eenwaste collection shall be painted colors approved by the city manager or designee and identified by truck numerals, a company logo, and local telephone number. Those trucks shall be kept clean and in good repair at all times. (Code 1980, § 8.19.200; Ord. No. 291, § 1(part), 1986) Sec. 8.19.210. Truck inspection. Each of any permittee's trucks shall be made av abl for-,ection at the discretion of the city manager or designee at any point of operation. (Cade 1980, § $.19.210; Ord. No. 291, § 1(part) �f Sec. 8.19.220. Perrnittee's local teleph a nu ber. Each permittee must maintai S a one number which shall be staffed for personal contact between 8:00 a.m. and 5: rmal working days, and at all other tinges with some type of mechanism for the pu ong messages. (Code 1980, § 8.19.220; Ord. No. . , 1986) Sec. 8.19.230. Commercial an, dustrial refuse, recvclables and green waste collection area. For the purpose of this chapter, all territory within the city boundaries which qualify as commercial or industrial establishments shall be considered to be within a nonexclusive service area. (Code 1980, § 8.19.230; Ord. No. 291, § 1(part), 1986) Sec. 8.19.240. Permittee's employees. Each permittee must provide high quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of the city in a courteous, helpful and impartial manner. A. The city may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property. B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor. Page 223 of 496 C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state. e€ CAlifavNiFt D. The permittee's employees shall be require to wear clean identifiable uniforms when engaged in refuse collection service within the city. (Code 1980, § 8.19.240; Ord. No. 291, § 1(part), 1986) See. 8.19.258. Permit prerequisites for removal of refuse., ree►e'abYes and groan waste. A. Procedure and required information. A permittee must file a letter with the city manager or designee containing the following information_ Name and description of the permittee; 2. Permanent business address and address of local office of the permittee; 3. Trade and firm name; 4. if a joint venture or a partnership or limited partnership, the names of all partners, or corporation and the names of the officers and their percentage of participation and their permanent addresses; 41 5. Facts indicating that the permittee has arranged fo isposal in an area where the same may be legally accepted and disposed asrr&'jreffi y ci 6. Facts indicating that permittee is qualified to ent refuse collection service; 7. Facts indicating that trucks and equip en conform to all applicable provisions of this chapter; 8. Satisfactoryevidence that permittee has bee) in 'existence as a going concern for in P g g excess of five years and possesses not lees than five years actual operating experience as a going concern in commercial refuse collection and disposal; 9. Satisfactory evidence that permittee's experience as a going concern in commercial/industrial refuse collection and disposal derives from operations of comparable size to onto� lated by this permittee. Details shall include length of other contracts, n d sizetof municipality, nature of service provided, and the name of the contact person a e municipality being served; 10. Evidence that permittee s in good standing in the state and in the case of a corporation organized under the laws of any other state, evidence that permittee is -Licensed to do business in the state; 11. A - detailed inventory of the permittee's equipment - available for collection from commercial and industrial establishments; 12. A written statement from the county, that permittee either has or the county will issue at a minimum a Class D permit for the collection and disposal of solid waste within the city limits and shall be attached to said letter; 13. Such other pertinent facts or information as the city manager may require. B. Fees and requirements for permit. Upon consideration of information contained in abovementioned letter and following a public hearing conducted by the city council upon at least ten days' prior written notice to the applicant, the city council may issue a permit. 2. Each permit granted shall apply to commercial and industrial refuse collection for the city specified therein. Page 224 of 496 3. A fee for processing permit applications shall be set by resolution of the city council with review on an annual basis. C. Bonding of permittee. Before granting a permit under the provisions of this chapter, the city council shall require the permittee, as a condition to the permit, to post with the city clerk a cash bond or surety bond in an amount determined by the city council and furnished by a corporate surety authorized to do business in the state, payable to the city. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. D. Indemnification by perrrrittee. As a condition of the city issuing a permit, permittee shall agree to appear and defend all actions against the city arising out of the exercise of said permit, and shall indemnify and save the city, its officials, elected officials, employees and agents harmless from all claims, demands, actions, or causes of actions of every kind and description and any and all related attorneys' fees and court costs resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee. E. Liability insurance. The permittee shall obtain and keep in force during the term of the permit public liability and bodily injury insurance in amount determined by the city council and workers' compensation insurance covering all employees of -the -p remittee. Copies of such policies, or certificates evidencing such policies, shall be filed with�the.cit.y,clerk prior to the commencement of activities authorized by the permit. The city and I sofiicers, elected officials, employees and agents shall be named as additional insureds on all such,policies. All such policies shall contain- at a minimum a provision requiring a 90 -day notice to bel given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the city council. K Corrrpliance with local and state al a—laws and regulations. The permittee must agree to perform the terms of the permit in such.a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the city and applicable laws and regulations of the}county and state, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof. (Code 1980, § 8.19.'250; Ord. No. 29X\_1 I(part), 1986) Sec. 8.19.260. Permit provisions. A. Fees. Any permit issued pursuant to this chapter shall provide for the payment of permit fees to the city, shall contain additional provisions agreed to by and between the city And shall constitute a written agreement of said parties. B. Assignment or transfer of permit. No assignment or transfer of a permit pursuant to this chapter or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the city council. In the event any assignment or transfer is authorized by the qLty council, the assignee shall assume the liability and all other obligations of the permittee. C. Rer;ocatiorr.. 1. A permit may be revoked by the city council in the event there is a change of ownership of any kind or nature of the operating company unless approval therefor has been obtained in writing from the city council. 2. If it is determined by the city manager or designee that permittee has not complied with the provisions of this chapter, the permit, and all other applicable statutes, ordinances, Page 225 of 496 rules and regulations, the city manager or designee shall notify the permittee in writing of noncompliance and shall order compliance within 30 thidays. 3. If noncompliance is not corrected within the above -prescribed 30 -day period, the city council, following a public hearing upon at least ten days' written notice to the permittee, may terminate the permit. (Code 1980, § 8.19.260; Ord. No. 291, § 1(part), 1986) Sec. 8,19.2970. Mandatory payment for collection A. Except as otherwise provided in this chap ea ow� or person in control of each commercial or industrial establishment shall utilize the ices o a permittee for the collection of refuse from the premises of such establishment, n collection fees to the permittee as set by the permittee and authorized by resol ion o e city council. The obligation of each occupant to pay such refuse collection fee sh a ivil ebt due and owing to the permittee, from the occupant to whom the collection cervi s ar a vailable. A failure to make timely payment constitutes a violation of this chapter. revisi s in collection fees sought to be imposed by a permittee must be submitted to the g c cil r review and must be approved by resolution of the city council following a publi ea g upon no less than ten days' prior written notice to the permittee. B. Lien authorized. C ge for se collection services furnished on behalf of the city by a permittee that remain delinq t for a period of at least 60 edays shall constitute a lien against the parcel of land for ich the refuse collection services were provided. Procedures governing imposition of the lien s all be as set forth in section 8.17.2805, of ehapte_ 8.17 of this Cede, or any successor provision thereto. C. Notwithstanding any other provision of this chapter, nothing herein shall prevent any occupant from regularly collecting and disposing of refuse generated in or on the occupant's premises, as an alternative to receiving and paying for refuse collection services from a permittee; provided, however, that such occupant shall comply with all other provisions of this chapter applicable to occupants. No occupant shall employ or engage any solid waste enterprise, other than a permittee, to haul or transport refuse from the occupant's premises. Any occupant desiring to collect and dispose of refuse generated in or on his or her premises ("self -haul"), must first obtain a self -haul permit from the city, and pay the self -haul permit fee in an amount established by resolution of the city council. Each occupant issued a self -haul permit must dispose of refuse at the occupant's expense, at a city -directed landfill or transfer station, or such other landfill, transfer station or processing facility meeting all applicable regulatory requirements. Each occupant issued a self -haul permit shall, every six months, file with the city manager or designee a report detailing the quantity and nature of all refuse, including recyclables, removed from the occupant's premises. The report shall be delivered to the city manager or designee on or before January let and July let of each year for the immediately preceding six-month period. The report shall identify the waste Page 226 of 496 disposal facility utilized by the occupant and shall include copies of all receipts evidencing disposal, issued by such disposal facility during the six-month period. D. The provisions of subsection 444:-2,94A of this section shall not apply to any owner, tenant, or person having lawful possession of a commercial or industrial establishment, who provides evidence satisfactory to the city manager or designee that such commercial or industrial establishment has not been occupied by any person for 60 4 or more consecutive days, for the period of time the property is unoccupied. (Code 1980, § 8.19.280; Ord, No. 838, § 3, 4-6-2011.) Editers Netee Ord. NE). 8,39, § !, adepted ApFil 6, 2011, repertled § 8.19.280, in its entirety. Seetion 2, (if sai4 Sec. 8.19.290. Construction and demolition waste. A. For purposes of this section, the following definitions apply: 1. The term "contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state, of California7or who performs (whether as contractor, subcontractor or owner -builder) any construction, demolition, remodeling, or landscaping service relating to builRings_or accessory structures in the city. Ranehe Gueamenga. 2. The term "construction" means all buildin Aandsca i�emodelin addition removal g, � p g, g, , or destruction involving the use or disposal of_ Designated Recyclable and Reusable Materials as defined in paragraph D below. 3. The terms "demolition and construction` aste" means: a. Discarded materials enerall considered'o be not water soluble and non -hazardous g s y , � in nature, including but not �limited)to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part ofKa construefion or demolition project or from the renovation of a structure and/or landscapirig,—/and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project. b. Clean cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project. C. De-minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry. 4. The term "designated recyclable and reusable materials" means: a. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick. b. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted. C. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. d. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, doorframes and fences. Page 227 of 496 e. Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material. f. Salvageable materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. B. Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. C. At least the following specified percentages of the waste tonnage of demolition and construction Waste generated from every demolition, remodeling and construction project shall be diverted from going to land fill by using recycling, reuse and diversion programs: I. Demolition: Fi4y `e Seventy five pereetW50 S concrete and asphalt, and 1_5 ween -percent and asphalt. 2. Reroofing of homes with shingles or pereent 50% to 75 percent of waste 3. Construction and remodeling: tonnage. of waste tonnage including tonnage excluding concrete arate project: Vifty to seventy five to 756 percent of waste Separate calculations and reports willrequild for the demolition and for the construction portion of projects involving both d do d,6onstruction. D. Every applicant shall sub erly completed "Form CD -1 Waste Management and Recycling Plan' to the En i e s Department "Reeyeling and- Waste Redu ,tio F, .,...�� the building , as a pon of the building or demolition permit process. dAMA]UiAn Waste to be generated (min eanstrueties and demelitiso an the site. . pprevni ef devnefitien pepinit. E. As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste that may be delivered to a landfill, the applicant shall post a cash deposit in accordance with the scale section 3, but not less than five thousand JAPAr-A $5,000.00. All residential single family homes up to four 4 -units are exempt. The deposit or cash bond shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of enaineerinE services department director/city engineer or that person's designee, the htfil effieial, that no less than the required percentages or proven proportion of those percentages of the tons of waste generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons or cubic yards than required is diverted, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to the extent that there is a failure to comply with the requirements of this chapter. Page 228 of 496 F. As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste that may be delivered to a landfill, the applicant shall pay to the city a cash fee sufficient to compensate the city for all expenses incurred in administering the permit. The amount of this fee shall be determined in accordance with the current resolution of the city council determining the same. G. Within si 60 days following the completion of the demolition project, and again within aLxty 0 days following the completion of the construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the engineering services Wig -department, which proves compliance with the requirements of section.1$ _ 9.040. 18.'�:040. The documentation shall consist ref a completed "Form CD -2 Recycling and Reuse Summary Report" and information of "Reef cling and Waste Redden.. Fe-Enn" Sh--ev•in actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the building and safety department before is ce of a building permit for the construction project. In the alternative, the permitee may su tter stating that no waste or recyclable materials were generated from project, in wh' ase this tatement shall be subject to verification by the engineering services bi g-dep t. deposit posted pursuant to subsection E of this section shall be forfeited if t er a does not meet the timely reporting requirements of this section. H. Each violation of the provisions of this chapter hall constitute a public nuisance and be subject to abatement as such, pursuant to,the provi of chapter 8.2 -0 The costs of abatement of any such nuisance shall be alien upon the property involved. (Ord. No. 711, § 2, 8-6-2003) i4% exem_Rtions. A. Except as otherw"s ifiedIrm this chapter, onjuly 1, 2002, each person who applies for a building permit p t to chapter 17.010 of this Code shall complete a "Form CD -1 Waste Management and Rec clipanlan" document to be issued by the engineering services departmeni building effipial. On or after July 1, 2002, no building permit shall be issued unless the applicant submits the clearance document issued by the engineering services department. building effiei&k '13. Except as otherwise specified in this chapter. July -1, 2002, each person who applies for a building permit pursuant to chapter 17.010 of this Code shall remit a diversion deposit in the amount set forth by resolution of the city council. The diversion deposit shall be remitted at the same time the permit application is filed. C. Neither a construction and demolition waste clearance document nor a diversion deposit shall be required for the following: Le,. All residential single-family homes up to four 4 -units. 2.13,7 All construction projects of less than $100,000.00 in value. 3.e. Roofing projects that do not include tear -off of existing roof. 4.4, Work for which only a plumbing permit, only—an electrical or mechanical permit is required. Page 229 of 495 D. Deposits as prescribed on a square footage basis: Square Footage Total Deposit Valuation 1,000 - 9,999 $5,000.00 >$100,000.00 10,000 -19,999 $10,000.00 >$100,000.00 >20,000 $15,000.00 >$100,00000 (Ord. No. 711, § 3, 8-6-2003) Sec. 8.19.310. Authority of building official to issue refunds of diversion deposits. A. The engineering service department director/city engineer building „rr.A:..' may authorize the refund of any diversion deposit, which was erroneously paicr collected. B. The engineering service department director the refund of any diversion deposit when the building before any work has begun. C. The gnginggri:ng sgrvjge departing a diversion deposit when at least 50 fifty -p diverted from landfill disposal. may authorize is withdrawn or cancelled AffieW may authorize the refund of waste generated by the project was D. The engineering service departm6t cT&cT8Wg*y engineer building ell may authorize a partial refund of a diversion deposit wh4p lesst n 50 €i€t percent (4} -by weight of the waste generated by the project was dive and disposal. The partial refund shall not exceed that portion of the diversion was b to _fifty -percent {.59ti4}-by weight of the total waste generated. E. The engineeringde ment director/city engineer ''-•i'aing offieia; shall not authorize the refund of any d sion deposit, or any portion thereof, unless the original building permit applicant files a written est for refund and provides documentation satisfactory to the building official in support of the request. (Ord. No. 711, § 4, 8-6-2003) Sec. 8.19.320. Definition: waste diversion methods. A. For the purpose of this chapter, part, the term "diverted" or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods:. 1.4. Use of new construction method, as described in regulations promulgated by the en - . eer. g services department director/city engineer, building effi ; that reduce the amount of waste generated. 2.Q. On-site re -use of waste. 1.$= Delivery of the waste from the site to a certified recycling facility described in section 8.19.330. Seetien 6. 4.&. Other methods as approved in regulations promulgated by the engineering services department director/city engineer. mei Page 230 of 496 B.F-.All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements set forth in regulations promulgated by the engineering services department director/city engineer. buil -ems (Ord. No. 711, § S, 8-6-2003) Sec. 8.19.330. Definition, recycling facility certification requirements; list of certified facilities. A. For the purpose of this chapter, per, -the term e -"certified recycling facility" means a recycling, composting, materials recovery or reuse facility for which the state has issued a certification pursuant to regulations promulgated by the engineering services depgrtment director/city engineer or designee. big effiei&i: B. The building official shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the engineering services department director/city engineer or designee: building efiei&k 1. That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and 2. The percentage of incoming waste from form con ction, demolition, and alteration activities that is diverted from landfill disposal meets the re inimum percentage set forth in regulations promulgated by the en ' e ndirector/cityn in er or designee. deposit a eo-p-re-nat histe-feet4ified eyeli-fg; 3LT (Ord. No. 711, § 6, 8-6-2003) Sec. 8.19.330. Moneys received by the ity a iversion deposits shall be used only for: A. Payment of diversion B. Costs of administration oheprogram established by this chapter: C. Cost of programs ose is to divert from landfill disposal the waste from construction, demolition an er tion ojects; and r D. Costs of programs wh urpose is to develop or improve the infrastructure needed to divert from landfill disposal the w to from construction, demolition and alteration projects. (Ord. No. 711, § 7, 8-6-2003) st i o inn seye -abi ty , elattees or in*Alid Ar v , parts,passed and adepted the saine even theugh any ef seetions, , , , phrases that may be held invalid hadd hhePeffl- A- M-- ii t- t- e te. 10 fe -f*- Ae (Bede 1990 § 9.19.290-; Ord Ne 99 § 1(part)1986) CHAPTER. 8.20. ENVIRONMENTAL HEALTH CODE* *State law reference Environmental Quality Act, Public Resources Code § 2100 et seq. Page 231 of 496 Sec. 8.20.010. Adoption of San Bernardino Environmental Health Code. The San Bernardino County Code § 33.0101 et seg.., the Environmental Health Ordinance No. 3105, as amended, of the board of supervisors of the County of San Bernardino, is adopted as the environmental health code of the city, together with the amendments, additions, deletions and exceptions set forth in this chapter. (Code 1980, § 8.20.010; Ord. No. 317, § 2(part), 1987) See. 8.20.020. Amendments to San Bernardino County Environmental Health Code. r-tiele , of Chapter- a of Diyisie San Bernardino County Code § 33.0801 et seg., pertaining to refuse storage, ^ .bele 2 of Chapter- 8 of Piwi, len 2 San Bernardino County Code § 33.0820 et sea., pertaining to refuse collection, and Ariel =_r�gter- ' 3 San Bernardino County Code § 33.1001 et seg., pertaining to regulations of buildings used for human habitation, as set forth in the county of San Bernardino Environmental Health Code adopted by the board of supervisors of the county of San Bernardino as Ordinance No. 3105, are deleted in their entirety. (Code 1980, § 8.20.020; Ord. No. 317, § 2(part), 198 7) Sec. 8.20.030. Fees. Notwithstanding any other provision of the county of SanBernardino Environmental Health Code as R„�R adopted in this chapter, fees required by�any_provision thereof shall be paid to . the appropriate official with respect to the issuance of licenses, permits, inspections and related matters. Fees for such activities shall be established, and,may be amended from time to time, by resolution of the city council. (Code 1980, § 8.20.030; Ord. No. 317, § 2(part), 198 7) Sec. 8.20.040. Penalties for violation of clhdipt It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of thiOchapter or the code adopted hereby. Any person, firm, partnership, or corporation v�id�lati�nt g any -provision of this chapter or the code adopted hereby or failing to comply with any of t.he.re.quu•ements of this chapter or the code adopted hereby shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 one �' -'a j�al mayor by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter or the code adopted hereby is committed or continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, §'8.20.040; Ord. No. 317, § 2(part), 1987) Sec. 8.20.050. Civil remedies available. The violation of any of the provisions of this chapter or the code adopted hereby shall constitute a nuisance and may be abated by the city through civil process through means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Code 1980, § 8.20.050; Ord. No. 317, § 2(part), 1987) Page 232 of 496 hail Y-eMain r,.ii j_FA_1_'P_e.,.,a AFF + CHAPTER 8.21. SMOKING REGULATED OR PROHIBITED* *State law reference—Smoking prohibited in public buildings, Government Code § 7597 et seq.; Indoor Clean Air Act, Health and Safety Code § 118875 et seq. Sec. 8.21.010. Purpose and findings. The city council finds that the smoking of tobacco, or any other weed or plant, is a medically documented danger to health, and a material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces, and in order to preserve public health, safety and welfare, the declared purpose of this chapter is to regulate the sinoking of tobacco, or any weed or plant, within the city and public places. (Code 1980, § 8.21.010; Ord. No. 384, § l(part), 1988; Ord. No. 384A, § 1, 2001) Sec. 8.21.020. Definitions. For purposes of this chapter, unless it is plainly evident Xfrom the context that a different meaning is intended, the following definitions shall apply: City facility means any enclosed structure owned,<leea1'sed or operated by the city of ro �, and used by the city for governmental operations and activities. Enclosed, as in "enclosed area," means any co rev ed o�partiaily covered space having more than 50 fr€ty:--percent of its perimeter area walled�in or otherwise closed to the outside, or any space open to the sky (hereinafter "uncovered") having more than 75 seventy five percent of its perimeter area walled in or otherwise closed to the outside, such --as, for example, a courtyard, except that an uncovered space of 3,000 three thous .,a square feet or more is not enclosed, such as, for example, a field in an open-air arena. � Playground means any park ox recreational area, whether enclosed or unenclosed, that has play orsports equipment installed oriarbeen designed or landscaped for play orsports activities and is designed in part to be Used) by children, or any similar facility located on public or private school grounds, or on grounds maintained by the city ^r-R^„^h^ Cu ^manga. Public park means any community park, neighborhood park, special use or other park maintained by the city _4 _R nehy r' uef n -.o Public plaza means any unenclosed public place, other than a sidewalk, that is paved and permanently set aside for pedestrian use, including, for example, a courtyard, a plaza and a promenade. Restaurant means any dinner house, coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and any other establishment where cooked or otherwise prepared food is sold to the general public, and where seating for consumption is available on the premises. Service line means an area where one or more persons are entering or waiting to enter into a transaction for goods and/or services, regardless of whether such transaction involves the exchange of money, or whether persons are standing or seated, and includes, but is not limited to, areas surrounding the following locations: informational kiosks, automated teller machines (ATMs), theaters, restaurants, banks, vending machines, and food, beverage or merchandise stands. The term "service line" does not include any area in which smoking is prohibited by state law, thereby precluding the city of F fineho C,•,,,,.,.,,,ng from regulating smoking in that area. Page 233 of 495 Smoke or smoking means the carrying or holding of a lighted pipe, cigar, cigarette or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette or other kind of smoking equipment. The term "smoke" also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette or other kind of smoking equipment. Stadium means any publicly owned area designated for sports or other entertainment purposes, whether enclosed or unenclosed, that is maintained by the city and not otherwise covered by this chapter. Trail means any unenclosed area, whether or not contiguous to any public park, used for recreational walking, running, and riding and maintained by the city of Rancho Gueafnoftga. Transit station means a transit stop and includes, but is not limited to, multi -modal platforms, sidewalks, shelters, benches, and other areas where persons wait for trains, buses, taxis, or other public transit, and includes ancillary areas such as restrooms, pedestrian paths or walkways, bicycle parking areas and kiosks. The term "transit stations" does not include any area in which smoking is prohibited by state law, thereby precluding the city of Rmneho Gtteaf...,ng from regulating smoking in that area. (Code 1980, § 8.21.020; Ord, No. 384, § 1(part), 1988; Ord. No. 384 e§-2, 2001; Ord. No. 786, § 5, 2008; Ord. No. 826, § 1, 3-17-2010) Sec. $.21.030. Smoking prohibited in elevators. ' Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, hotel and:multifamily buildings. (Code 1980, § 8.21.030; Ord. No. 384, § 1(part), 1988) State law reference—Smoking prohibited inside public•buildings, Government Code § 7597. j� �r Sec. 8.21.035. Smoking prohibited in public parks, trails, playgrounds and other recreational areas. Smoking is prohibited and/nlawful-in all public parks, trails, playgrounds, and other recreational areas not otherw1 e;c�ov eyed b ty his chapter. (Code 1980, § 8.21.035; Ord. No. 786,i§ 1, 2008) State law reference ----Smoking p ohibited within certain area of playground, Health and Safety Code § 104495. Y Sec. 8.21.040. Smoking prohibited in hospitals, health care and child care facilities. A. Smoking is prohibited and is unlawful in public areas of health care facilities and hospitals, as defined in Health and Safety Oode § 1250, including patient rooms, waiting,rooms, public hallways and lobbies. B. Signs reading "STAFF AND VISITOR SMOKING PROHIBITED" shall be conspicuously posted in'public areas of health care facilities and hospitals. C. Smoking is prohibited and is unlawful in public areas of child care facilities. (Code 1980, § 8.21.040; Ord. No. 384, § 1(part), 1988; Ord. No. 384A, § 3, 2001) See. 8.21.045. Smoking prohibited in public plazas. Smoking is prohibited and unlawful in all public plazas when open to the general public. (Code 1980, § 8.21.045; Ord. No. 786, § 2, 2008) Page 234 of 496 Sec. 8.21.050. Smoking prohibited in meeting and conference rooms. Except as hereinafter provided, smoking is prohibited and is unlawful in enclosed hearing rooms, conference rooms, chambers, and all other enclosed places of public assembly. (Code 1980, § 8.21.050; Ord. No. 384, § 1(part), 1988; Ord. No. 384A, § 4, 200 1) State law reference—Smoking prohibited inside public buildings, Government Code § 7597 - See. 8.21.055. Smoking prohibited in stadiums. Smoking is prohibited and unlawful in all stadiums when open to the general public except in currently existing designated smoking areas for tenants currently under long-term lease agreements. (Code 1980, § 8.21.055; Ord. No. 786, § 3, 2008) Sec. 8.21.060. Smoking prohibited in entertainment facilities. Except as provided in Cali€:W"iA Health and Safety Code § 25943, or its successor provisions, smoking is prohibited and is unlawful in every publicly or privately owned museum, gallery, theater, auditorium or other enclosed facility, the primary purpose of which is to provide, permit or authorize entertainment of any nature, and/or which is open to:the public for the primary purpose of exhibiting any form of art or motion picture, stage drama,–musical recital, or any other performance or event, in all areas except that area commonly known as the lobby, and in areas not open to the public. Every owner and/or manager of such ttheateYIIIIr,,oauditorium, or other enclosed entertainment facility as described herein, shall post signs conspicuously in the entrance area stating that smoking is prohibited within the thea er auditorium or facility, and in the case of motion picture theaters, such information shall be shown upon the screen for at least live seconds before showing motion pictures. (Code 1980, § 8.21.060; Ord. No. 384, § 1(part), 1988) Sec. 8.21.065. Smoking prohibited in any parcel of property. 1 Smoking is prohibited and unlaW 1 in any parcel of property upon which a public community center, library or similar facili� /located=`__� (Code 1980, § 8.21.065; Ord. No. 786 § 4, 2008) Sec. 8.21.070. Smoking prohibited in public restrooms. Smoking is prohibited and isunlawful in public restrooms and private restrooms open to the public. (Code 1980, § 8.21.070; Ord. No. 384, § 1(part), 1988) Sec. 8.21.075. Smoking prohibited at transit stations. Smoking is prohibited and is unlawful within 20 twenty feet of any transit station located within the city. (Code 1980, § 8.21.075; Ord. No. 826, § 2, 3-17-2010) Sec. 8.21.080. Smoking prohibited at indoor service lines. Smoking is prohibited and is unlawful within indoor service lines. (Code 1980, § 8.21.080; Ord. No. 384, § 1(part), 1988; Ord. No- 826, § 3, 3-17-2010) Sec. 8.21.085. Smoking prohibited at outdoor service lines. Smoking is prohibited and is unlawful within 20 twenty feet of outdoor service lines. (Code 1980, § 821.085; Ord. No. 826, § 4, 3-17-2010) Page 235 of 496 Sec. 8.21.090. Smoking prohibited in eating establishments. Smoking is prohibited and unlawful in the enclosed portions of every restaurant and bar, whether publicly or privately owned, including, but not limited to, lobbies, waiting areas, restrooms and dining areas of the restaurants and bars. (Code 1980, § 8.21.090; Ord. No- 384, § 1(part), 1988; Ord. No. 384A, § 5, 2001) Sec. 8.21.100. Smoking prohibited in polling places. Smoking is prohibited and is unlawful in every indoor polling place for any local, county, state or national election, or other casting of votes, when such polling place is open for voting purposes. (Code 1980, § 8.21.100; Ord. No. 384, § 1(part), 1988) Sec. 8.21.110. Smoking prohibited in indoor office and lobby areas. Smoking is prohibited and is unlawful in all indoor lobbies, reception and/or office areas open to the public. (Code 1980, § 8.21.110; Ord. No- 384, § 1(part), 1988; Ord. No. 384A, § 6, 2001) Sec. 8.21.120. Smoking prohibited in retail food marketing establishments. Smoking is prohibited and is unlawful in a retail food arketing establishments, including grocery stores and supermarkets. (Code 1980, § 8.21.120; Ord- No. 384, § 1(part), 1988; Ord. No. 384A,§ 7'200yy1) Sec. $.21.130. Smoking prohibited in retail stores. Smoking is prohibited and is unlawful within all as of all indoor retail stores. (Code 1980, § 8.21.130, Ord. No. 384, § 1(part), 1988;•Or&1 o,,384A, § 8, 2001; Ord. No. 826, § 5, 3-17-2010) Sec. $.21.140. Smoking prohibited in banks wild other financial institutions. Smoking is prohibited and is law 1 withinyall areas of banks and financial institutions. (Code 1980, § 8.21.140; Ord. No. 384!§,1(1�art}..1988; (Ord. No. 384A, § 9, 2001; Ord. No. 826, § 6, 3-17-2010) See. 8.21.150. Smoking pro�h ted in public buildings and structures. Smoking is prohibited and�iunlawful within all areas of all public buildings and structures. (Code 1980, § 8.21.150; Ord. No. 38 § I(part), 1988; Ord. No. 384A, § 10, 2001; Ord, No. 826, § 7, 3-17-2010) Sec. 8.21.155. Smoking prohibited at entrances to city facilities. A. Smoking is prohibited within an area measured 20 twenty feet from the entrance of any city facility. B. Any retail, nonprofit or service related business owner may choose to prohibit smoking within 20 twenty feet of the entrance of said business by conspicuously posting a no smoking sign at or near the entrance to the business. Said sign shall reference this section and contain language similar to the following: "No smoking within 20 twenty feet of the entrance, pursuant to RCMC Section 8.21.155." When posted in accordance with this provision, smoking within 20 twentyfeet of the entrance shall be prohibited. C. It shall be the responsibility of any person smoking outside to ensure that smoke does not enter any buildings through open windows or doors. (Code 1980, § 8.21.155; Ord. No. 384A, § 11, 2001) Page 236 of 496 Sec. 8.21.160. Posting of signs required. Except as otherwise provided herein, wherever in this chapter smoking is prohibited, signs containing all capital letters not less than one inch in height and containing at least the words, "Smoking Prohibited," or the international no smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) on a contrasting background, shall be clearly, conspicuously and sufficiently posted such that the manner and quantity of posting is reasonably likely to inform individuals occupying such room, building or other place that smoking is prohibited. It is the duty of the owner, operator, manager, or other person having control of such room, building or other place where smoking is prohibited to post such signs or cause such signs to be posted, and maintain such signs in good condition. (Code 1980, § 8.21.160; Ord. No. 384, § 1(part), 1988; Ord. No. 826, § 8, 3-17-2010) Sec. 8.21.165. Vendor assisted sales. A. For purposes of this section, the following definitions shall apply: 4—.Retail. tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. For purposes of this definitionn— _, the term "primarily' means that at least 80 eighty percent of the square footage of the available retail floor rand shelf space is devoted to the sale of tobacco and tobacco related products and accessories:, ,_� 2. Sell set -vice display means the display of,tobacco products in such manner that the products are accessible by the public withoutt���errvve on of the vendor. B. Except as hereinafter provided, it is unlawfuli m any business establishment to sell, dispense, permit to be sold or offer for sale any tobacco product by means other than vendor assisted sales. This prohibition shall speciifically,preclude the selling, offering for sale, dispensing and displaying of tobacco products by self service displays. Notwithstanding the foregoing, this prohibition shall not apply to retail tobacco\stores and cigar lounges. C. No person shall sell, permit to besoldoroffer for sale any tobacco product to a buyer who reasonably appears to be less,than\27- years of age unless such buyer has first presented photographic identification,\establishing that the buyer is not less than 18 eighteen years of age. D. Self service displays in place as of the effective date of the ordinance codified in this chapter in a location prohibited in subsection B of this section AhAvp shall be removed not later than September 1, 2001. (Code 1980, § 8.21.165; Ord. No. 384A, § 13, 2001) Sec. 8.21.170. Structural rriodifications not required. A. Nothing in this chapter shall require the owner, operator or manager of any theater, auditorium, health care facility, or any building, facility, structure or business, to incur any expense to make structural or other physical modifications to any area or workplace. B. Nothing in this section shall relieve any person from the duty to post signs as required by this chapter. (Code 1980, § 8.21.170; Ord. No. 384, § 1(part), 1988) Sec. 8.21.180. Penalties. A. It is unlawful to fail to post the signs required by this chapter, or to willfully mutilate or destroy any signs required by this chapter. B. It is unlawful for any person to smoke in any area posted as a nonsmoking area. Page 237 of 496 C. It is unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter, or to permit or allow any other person to smoke in any area posted as a nonsmoking area. D. It is unlawful for any person, firm, partnership or corporation to violate any provision or fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows - 1. A fine not exceeding $100.00 ^m-^ hundred- ,a^i-la„n for a first violation; 2. A fine not exceeding $200.00 Ove hundred '^"^r for a second violation of the same ordinance within one year; 3. A fine not exceeding $500.00 fiv^ h uifldred a^"^Ng for each additional violation of the same ordinance within one year. E. Every such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.by such person, firm, partnership or corporation, and shall be deemed punishable thereof as prov`' ded in this chapter. F. A violation of any provision of this chapter - is"an `infraction, which is punishable as provided in section 1.12.030. ^F 4� � eAe- (Code 1980, § 8.21.180; Ord. No. 384, § 1(part), 1988; Ord: -No. 384A, §§ 15, 16, 2001; Ord. No. 826, § 9, 3-17- 2010) See. 8.21.190. Civil remedies. available.. ��� The violation of any of the provisions o' f this chapter shall constitute a nuisance and may be abated by the city through civil process bey\means)of restraining order, preliminary or permanent injunction or in any other manner provided,by,law for the abatement of such nuisances. (Code 1980, § 8.21.190; Ord. No. 384,E§A(part),-1988; Ord. No. 384A, § 16, 2001) CHAPTER 8.22. PROHIBITION;,OF CHLOROFLUOROCARBON PROCESSED r PACKAGING* *State law reference—Chloro fluo� rbons, Health and Safety Code § 119150 et seq. Sec. 8.22.010.- Definitions. The following words, terms and phrases, when used in this chanter, shall have the meaninvs ascribed to them in this section, except where the context clearly indicates a different meaning: ACFC-processed packaging means all foam or styrofoam packaging which utilizes any chlorofluorocarbon as a blowing agent, or otherwise, in its manufacture. &.Chloroflrcorocarbon.s or CFCs are the family of chemical substances commonly referred to as such, and containing carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds. GPackager means any store, shop, sales outlet, manufacturer or other business located within the city which packages, boxes, containerizes,. or otherwise prepares any tangible goods or merchandise for sale or distribution within the city using, in any fashion, packaging, as defined herein, in connection with any portion of its business. Page 238 of 496 P -Packaging means any and all bags, sacks, wrapping, boxes, containers, container filler material, bowls, plates, trays, cartons, cups, straws, lids and any and all other materials utilized in the packaging of any goods, merchandise, food or other tangible things. 44 -Packaging tnanu.facturer means any business which manufactures packaging as all or part of its business. Packaging supplier means any business which sells or provides packaging as all or part of its business. (Code 1980, § 8.22.010, Ord. No. 371, § 1(part), 1988) Sec. 8.22.020. CFC -processed packaging prohibited. A. Packagers. 1. Except as provided in subsectiond en A9 of this s4section, no packager shall utilize any CFC -processed packaging, nor shall any packager purchase, obtain or keep any CFC - processed packaging for packaging purposes. 2. As to any packaging obtained after September 1, 1989, each packager shall obtain from each of its packaging suppliers a written statement signed by the supplier, or by an authorized agent of the supplier, stating that the supplier will supply no CFC -processed packaging to that packager, that the supplier willtnoteon each invoice for packaging supplied to that package)'- that the packaging covered by the invoice is not CFC - processed, and it shall further include the\identity�of the manufacturer of such packaging. -�� 3. All contracts between packagers and packaging suppliers thereto entered into ar��� Septembet1, 1999, - shall include provisions that each supplier will supply no CFC - processed packaging, that the supplierwill-truthfully state on each invoice for packaging supplied that the packaging isnot CFC -processed and that each such invoice shall contain the identity of the manufacturer of such packaging. A failure by any packaging supplier to comply with such provisions shall constitute a material breach of the contract. 4. Packagers shall retain-each,supplier's written statements referred to above, for one year from the last date of��ipt of J riy packaging from that supplier. 5. All packagers shall segregate, in their warehouses or other storage areas, all foam and styrofoam packaging froinfall other forms of packaging maintained on the premises. All foam and styrofoam packaging to be used in connection with each packager's business and maintained on the packager's premises shall be labeled with language clearly indicating that CFCs have not been utilized in its manufacture. 6. It is unlawful for any supplier to make any misstatement of material fact to any packager or to any representative of the city regarding the use or nonuse of CFCs in the manufacture of any packaging supplied, or to be supplied, to any packager in the city. 7. Each packager shall file a statement at the time it first obtains or renews it business license, truthfully declaring that it is in compliance with this chapter. 8. All statements and documents required by this chapter to be maintained by a packager shall be made available for inspection by the city manager or his or her designated representative. It is unlawful for anyone having custody of such documents to fail or refuse to produce such documents upon request by the city manager or his or her designated representative during normal business hours. 9. The city manager or his or her authorized representative may exempt a type of packaging from the requirements of this chapter upon a showing satisfactory to the city manager or Page 239 of 496 his or her designee that the packaging has no acceptable non -CFC -processed equivalent and that imposing the requirements of this chapter would cause undue hardship. The documentation shall include, but is not limited to, a list of suppliers contacted to determine if non -CFC -processed substitutes are available. 10. Packagers who have previously entered into a contract for the provision of CFC -processed packaging which is to be shipped prior to September 1, 1989, are exempt from the provisions of this subsection A, with respect to such packaging. B. Packaging suppliers. I. It is unlawful for any packaging supplier in the city to store, sell or provide CFC - processed packaging within the city. 2. All foam and styrofoam packaging stored or maintained by any packaging supplier within the city shall be labeled with language clearly indicating that CFCs have not been utilized in its manufacture. 3. The provisions of this subsection B shall not apply to packaging required to be shipped under an existing contract prior to September 1, 1989. C. Packaging naan.ufacturers. 1. It is unlawful for any packaging manufacturer tommanufacture or otherwise produce, within the city, any CFC processed packaging 2. All foam and styrofoam packaging stored or maintained by any packaging manufacturer within the city shall be labeled with language clearl. I . l indicating that CFCs have not been utilized in its manufacture. n k ' D. Policy. The city shall not purchase any CFC -processed packaging, nor shall CFC - processed packaging be knowingly utilized aC-any city -sponsored event occurring within the city. .41 E. Enforcement. The city manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, inspection of any business premises of any packager, packaging supplier and/or packaging manufacturer, during normal bus ness hours, to verify compliance. F. Voltcntm y and mandatory compliance. It is the intent of the city council to achieve a 50 €rfty-percent reduction in the use of CFC -processed packaging by March 1, 1989, and a 90 Hiflety percent or greater reduction thereafter. In order to achieve this reduction, compliance with the provisions of this chapter shall be on a voluntary basis until September 1, 1989. On and after September 1, 1989, the provisions of this chapter shall become mandatory without further notice. (Code 1980, § 8.22.020; Ord. No. 371, § 1(part), 1988) See. 8.22.030. Penalties. A. On meter September ' 1999, It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: 1.A-. A fine not exceeding $100.00 eine for a first violation; Page 240 of 496 2.4: A fine not exceeding $200.00 for a second violation occurring within one year; 3.G A fine not exceeding $500.00 for each additional violation occurring within one year. B. Each such person, firm, partnership or corporation is guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. C. The provisions of this chapter shall not he construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provision of law.' (Code 1980, § 8.22.030; Ord. No. 371, § 1(part), 1988) Sec. 8.22.040. Civil remedies available. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process, by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. (Code 1980, § 8.22.040; Ord. No. 371, § 1(part), 1988) CHAPTER 8.23. NUISANCE ABATEMENT* *State law reference—Weed and rubbish abatement, Government`Code § 39501 et seq.; authority of city to r declare and abate weed, rubbish, and other dangerous -or injurious nuisance materials from property, Government Code § 39561 et seq.; authority of city to dbclar�and abate abandoned excavations from property, Government Code § 50230 et seq.; authority of cityy'to declare and abate nuisances, Health and Safety Code § 38771 et seq.; nuisances generally, --Civil Code§§,3479-3503. Sec. 8.23.010. Intent and purpose. It is the intent of this chapter to -identify, and provide a remedy for certain conditions which, when found to exist. on land within the city are detrimental to public health, safety or welfare, or which interfere with the reasonablyenjoyment of life or property, and thereby create a public nuisance. (Code 1980, § 8.23.010: Ord. No�Q86, § 1(part), 1989) Sec. 8.23.020. Definitions. e' For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: "City" means the city of Rancho Cucamonga. Code enforcement officer means the city manager for the city and his or her duly authorized representatives. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. (Code 1980, § 8.23.020; Ord. No. 386 § 1(part), 1989) Sec. 8.23.030. Abatement of violation and public nuisance. Notwithstanding any other provision of this Code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this Code, the proceedings set forth in this chapter may be used as an alternative to any other proceeding or manner of getting abatement set forth in this Code. Page 241. of 446 (Code 1980, § 8.23.030; Ord. No. 386, § 1(part), 1989) Sec. 8.23.040. Alternative remedies. Nothing in this chapter shall be deemed to supersede other provisions of this Code, nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil Code or Penal Code provisions as an alternative or in addition to the proceedings set forth in this chapter. (Code 1980, § 8.23.040; Ord. No. 386, § 1.0)art), 1989) Sec. 8.23.050. Maintenance of property causing nuisance. It is a public nuisance for any person owning, leasing, occupying or having charge of any property, improved or unimproved, within the city to maintain such property in a manner that is detrimental to public health, safety or welfare, or which interferes with the reasonable enjoyment of life or property, when any of the following conditions are found to exist: A. Land, the topography, geology or configuration of which, as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public or to adjacent properties; B. Buildings and structures which are: 1. Abandoned, boarded -up, partially destroyedlbr left rn a, state of partial construction; 2. Open, unused or vacant, including foundf ions; basements, excavations, swimming pools, wells, pits, ponds, shafts, and similar s%rLctures which are unfenced, unsealed or unsecured; Y 3. Maintained in a state of sit rior bstantiardeteation, such as peeling paint on a facade, broken windows, roofs in�dis ei pair,_damaged porches, broken steps, or other deterioration or disrepair causing a�lack of weather protection, impairing structural integrity, or causing the structure to be uninhabitable, or unsuitable for its intended use; C. Substantial lack of maintenance, or neglect of property, including all yard areas, ` I . ♦N.. landscaping, pavement, irrigation systems and similar improvements: 1. Overgrown, dcdid ying, diseased or hazardous trees, weeds or other vegetation; 2. Paved areas which ave deteriorated containing loose material, potholes, broken, raised or depressed sections, or insufficient to prevent mud and/or dust; 3. Front yards, side yards or rear yards visible from an abutting street or alley which lacks substantial landscaping; D. Any device, decoration, design, sign, fence, wall, structure or vegetation which by reason of its condition or inappropriate use or location is illegal and constitutes a hazard to persons or property; E. The accumulation and storage of items, equipment and materials either inside or outside of buildings and visible from the public right-of-way or sites of neighboring properties which constitute an attractive nuisance or are in a condition incompatible with their originally intended use or otherwise in any manner detrimental to the public; F. The accumulation of junk, trash, refuse, lumber, rocks, dirt, broken concrete or asphalt, scrap metals, scrap plastic or polymer materials, scrap building materials, tree and landscape trimmings and other similar or related materials either inside or outside of buildings which have been unlawfully placed or retained on property or otherwise disposed of illegally or improperly; Page 242 of 496 G. Local feeder trails which are obstructed, impassible or unsafe: 1. Blocked by structures, materials, equipment or vegetation; 2. Lacking proper maintenance of the trail surface with the presence of potholes, large rocks, overgrown vegetation, ruts caused by erosion, rubbish or debris; 3. Lacking proper maintenance of trail improvements, including, but not limited to, fencing, grading, drainage facilities, or gates and other access control devices; H. Graffiti and other inscribed materials on structures or property visible from the public right-of-way or from sites of neighboring properties when removal has not been effected in compliance with local ordinance; 1. Property maintained, in relation to others, so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustment. (Code 1980, § 8.23.050; Ord. No_ 386 § 1(part), 1989; Ord_ No. 559, § 1, 1996) State law reference—List of conditions that endanger health, safety, and welfare of occupants so as to deem the structure a substandard building, Health and Safety Code § 17920.3. Sec. 8.23.060. Health and safety nuisances. It is a public nuisance for any persons owning, leasing'", occupying or having charge of any property, improved or unimproved, within the city�or any p Zson owning, conducting or participating in any business, operation or activity witliin tliecityito cause, permit or allow any of the following conditions: �� A. Breedingor harborage laces for inverte'br� ate :�Lvertebrate vectors under conditions of g p known public health significance, including those for mosquitoes, flies and rodents; B. Hazardous materials which arecorrosive-toxic, ignitable, irritants, infectious, strong sensitizers, generate pressure by decomposition or other means, or otherwise are present under circumstances that could endanger the public health and safety; C. Incompatible materials unsuitable for co -mingling where circumstances suggest a likelihood of explosion; spontane uo s combustion, chemical reaction, fire, extreme heat, toxic substance formation or other dangerous reaction so as to endanger the public health and safety; D. Infectious and related wastes, and odors therefrom, including those from hospitals and medical facilities, sewers, cesspools, septic tanks, leach lines and fields (whether of individual or multiple ownership), toilets, holding tanks, seepage pits, butcher offal, pet dropping, excrement, urine, laundry water, manure accumulations, dead animals, putrid matter, refuse, and similar materials under circumstances endangering the public health and safety; E. Any privy or outhouse on premises where domestic water under pressure is available; without suitable shelter to afford privacy and protection from the elements; without an automatically self-closing door adequate to exclude flies from the pit; in disrepair; with vaults filled with excreta not regularly and thoroughly disinfected; within forty feet of any dwelling, residence, school, church, hospital or public place of business, except with the permission of the occupants or operators of such dwelling, school, church, hospital or public place of business; F. Any toilet, washroom, or bath or shower room for the use of employees, patrons or the public where the floors, walls, ceilings, lavatories, urinals, toilet bowl, bath or showers have accumulations of dirt, filth or corrosion; lavatories are not supplied with soap, Page 243 of 496 individual towels and a receptacle for their disposal; toilet rooms are not provided with toilet paper; G. The keeping of an animal, fowl or bird: L Within proximity to any school, church, hospital, public place, business or building used for human habitation other than that of the owner of the animal, which causes detrimental effects to the health, safety or welfare of the public; or 2. In any yard, coop, corral, run or building which is in a foul or unsanitary condition; H. The presence of standing water in any swimming pool, spa, hot tub, pond, bird bath, excavation or any other place, thing or location that is in an unhealthy, stagnant, or otherwise unsafe condition due to neglect, lack of maintenance, or insufficient or improper treatment or filtration. For purposes of this subsection, standing water that is deemed to be unhealthy and a nuisance includes, but is not limited to, standing water found to contain or be likely to attract, unhealthy vegetation, mosquito larvae or other harmful insects, bacteria, pathogens or disease. (Code 1980, § 8.23.010; Ord. No. 386, § 1(part:), 1989; Ord. No. 733, § 1, 2004) Sec. 8.23.070. Method of abatement. All or any part of premises found, as provided in this shall be abated by rehabilitation, demolition or repair pu r chapter. The procedures set forth in this chapter shall manner limit or restrict the city from enforcing her -city in any other manner provided by law. (Code 1980, § 8.23.070, Ord. No. 386, § 1(part), 1989) Sec. 8.23.080. Declaration of nuisancel \� Lpter to constitute a public nuisance nt to the procedures set forth in this be exclusive and shall not in any finances or abating public nuisances Whenever the code enforcement officer', deter M" ines that a condition exists which constitutes a public nuisance, as set forth in this 6mapter &ee_or she shall cause to be served upon the owners of the property a "Notice of Hearing' 'serviceof which shall be as set forth in this chapter. (Code 1980,,§ 8.23.080; Ord. No.•386\§ 1(part); 1989) Sec. 8.23.090. Emergency abatement. When a public nuisance constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures in this chapter otherwise allow, the code enforcement officer may take or cause emergency abatement of such nuisance with such notice to parties concerned, or without notice, as the particular circumstances reasonably allow. (Code 1980, § 823.090; Ord. No. 386, § 1(part), 1989) Sec. 8.23.100. Authority to enter upon land. The code enforcement officer, or his or her assistants, deputies, employees or contracting agents, may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violation as provided in this chapter. (Code 1980, § 8.23.100; Ord. No. 386, § 1(part), 1989) State law reference—Administrative inspection warrant, Civil Procedure Code § 1822.50 et seq. Sec. 8.23.110. Notice of hearing. Notice of the time and place of hearing before the code enforcement officer shall be titled, "Notice of Hearing," and shall include the following information: Page 244 of 495 A. Title statement: Notice of hearing to determine the existence of a public nuisance and to abate in whole or in part; B. Date and time of the public hearing; C. Location where the public hearing will take place; D. Name and title of the hearing officer; E. Location of the premises within the city which are the subject of the hearing, including: 1. Assessor's parcel number (APN); 2. Street and number; or 3. A description of the location using street names, block numbers, and/or landmarks; F. Purpose of the hearing: To ascertain whether certain premises, as designated, constitute a public nuisance subject to abatement by the rehabilitation of such premises, or by the repair or demolition of buildings, structures or improvements situated thereon; G. Municipal Code sections which define the conditions on the premises to constitute a public nuisance; H. The conditions which constitute a nuisance must be romptly abated by the owner of the p premises, or such nuisances may be abated 8y� unicipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such costs will constitute a lien upon such land until paid; 1. Description of the violations; J. Methods available or required to abate the violations; K. Notification to all interested parties wh`o desire/to give testimony to attend the hearing; L. Date of mailing of the notice; M. Name and title of the issuine officer._ (Code 1980, § 8.23.110; Ord. No. 386, §`1',(part); J989) Sec. 8.23.120. Service ofnot c1 e of h� ring. The notice and order, and any amendment or supplemental notice and order, shall be served upon the recorded owner, and ane copy thereof shall be served on each of the following if known to the code enforcement officer or disclosed from public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record, and the holder of any other estate or legal interest of record in or to the building or the land. As used in this section, all reference to "record" means matters of record in the office of the recorder of the county, which definitely and specifically describes the premises involved. The failure of the code enforcement officer to serve any person required in this chapter to be served shall not invalidate any proceedings under this chapter as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the code enforcement officer. If no address of any such person so appears or is known to the code enforcement officer, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the property involved in the proceedings, or posted on the building or premises involved. Page 245 of 496 A title search may be conducted by or for the code enforcement officer to determine the proper person or persons to whom the original notice of hearing should be sent. (Code 1980, § 8.23.120; Ord. No. 386, § 1(part), 1989) Sec. 8.23.130. Proof of service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declarations, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the code enforcement officer. (Code 1980, § 8.23.130; Ord. No. 386, § 1(part), 1989) Sec. 8.23.140. Hearing by code enforcement officer. At the time stated in the notices, the code enforcement officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. The hearing may be continued from time to time. (Code 1980, § 8.23.140; Ord. No. 386, § 1(part), 1989) See. 8.23.150. Decision of code enforcement officer. A. Upon or after the conclusion of the hearing, the code enforcement officer, based upon such hearing, shall determine whether the premises; or�any part thereof, as maintained, constitutes a public nuisance as defined in this chapter. 'If the code enforcement officer finds that such public nuisance does exist and that there is,suffi� cent cause to rehabilitate, demolish or repair the same, the code enforcement officer shall make written order setting forth his or her findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings o.r_structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work ��shall lbe�"coom enced and completed by the owner. B. Within ten days fromthe� date)o'f the mailing of the order, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the c ty clerk. At a meeting of the city council not more than thirty days thereafter, it shall proceed to hear and pass upon the appeal. Notice of the hearing date shall be served upon the appellant at least ten days before the time fixed for the hearing, and shall be served in the manner set. forth, in section 8.23.120. The decision of the city council thereupon shall be final and conclusive. (Code 1980, § 8.23.150; Ord. No. 386, § 1(part), 1989) Sec. 8.23.160. Notice to abate. The "Notice to Abate" shall contain the following information. In the absence of emergency circumstances, the notice may not require abatement in less than ten days: A. Title statement Notice to abate; B. Date the notice was issued; C. Municipal Code section granting authority for the abatement proceedings; D. Description of the property, location: 1. Assessor's parcel number; Page 246 of 496 2. Street and number; or 3. A description of the property location using street names, block numbers, and/or landmarks; E. Name and address of the property owner as shown on the county assessor's tax records; F. Specific conditions which constitute a public nuisance and the required method of correction; G. Number of days in which the nuisances are to be abated; H. Failure to abate the nuisances within the allotted time period shall allow the code enforcement officer to abate such nuisances by public employees, private contractor, or other persons, and the cost with all directly related investigative and administrative costs shall be billed directly to the property owner or levied and assessed against the property as a special assessment lien; I. Any appeal must be filed in writing with the city clerk within ten days of the date of the notice. The city clerk will set the appeal for hearing before the city council and notify the appellant of the date; J_ Failure to abate or appeal within the times allotted may also make the property owner subject to criminal and civil remedies; K. Name and title of issuing officer; L. Street address and mailing address of city offices, (Code 1980, § 8.23.160; Ord. No. 386, § 1()art), 1989) Sec. 8.23.170. Service of order to abate. , , A copy of the order of the code enforcemeii0officer ordering the abatement of the nuisance shall be served upon the owners of the property in accordance with the provisions of section 8.23.120 and shall contain a detailed\list of 4 ded corrections and abatement methods. Any property owner shall have the right to -have any such premises rehabilitated or to have such building or structures demolished or,repaired in accordance with the order and at his or her own expense, provided the same,is done pribrrto the expiration of the abatement period set forth in the order. Upon such abatement �infull by the owner, then proceedings under this chapter shall terminate. If such nuisance is not completely abated by the owner as directed within the designated statement period, then the code enforcement officer is authorized and directed to cause the same to be abated by city forces or private contract, and the code enforcement officer or his or her designated agents are expressly authorized to enter upon the premises for such purpose. Upon request, other city departments shall cooperate fully ai:id shall render all reasonable assistance in abating any such nuisance. (Code 1980, § 8.23.170; Ord. No. 386, § 1(part), 1989) State law reference—Authority of code enforcement officer, Penal Code § 836.5. Sec. 8.23.180. Record of cost for abatement. A. The code enforcement officer, or such other city official as may be designated by him or her, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement and the rehabilitating, demolishing or repairing of the premises, buildings or structures, including any salvage value relating thereto; provided that, before the report is submitted to the city council, a copy of the same shall be served Page 247 of 496 in accordance with the provisions of section 8.23.120, together with a notice of the time when the report shall be heard by the city council for confirmation. B. The city council shall set the matter for hearing to determine the correctness and/or reasonableness, of such costs. C. Proof of the service shall be made by declaration under penalty of perjury filed with the city clerk. D. "Incidental expenses" includes, but is not limited to, the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required under this chapter. (Code 1980, § 8.23.180; Ord. No. 386, § 1(part), 1989) Sec. 8.23.190. Report hearing and proceedings. At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on4all protests and objections which may be made shall be final and conclusive. (Code 1980, § 823.190; Ord. No. 386, § 1(part), 1989) Sec. 8.23.200. Assessment of costs against property; Ii The total costs for abating such nuisance, a special assessment against the respective 1 recordation in the office of the county reco`der, so confirr ed'by the city council, shall constitute \r parcel of land to which it relates and, upon .,notice of lien," as so made and confirmed, shall constitute a lien on the property for the amount of'such assessment. A. A demand for payment shall. be served i n accordance with section 8.23.120 of this chapter allowing thirty days from-,- the date of service, or mailing, for payment of the total assessment prior to the recordation -of a "notice of lien;" B. After recordation a/c'�itified copy shall be sent to the tax division of the county auditor - controller's office, whereupon yit shall be the duty of the auditor -controller to add the amounts of the respective/assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or C. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (Code 1980, § 8.23.200; Ord. No. 386, § l (part), 1989) Sec. 8.23.210. Duty to abate. No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined in this chapter to exist within the city. It shall be the duty of every owner, occupant and person in control of any property, business, operation or interest therein located within the city to remove, abate and prevent the recurrence of a public nuisance upon such activity or interest therein. Any recurrence of a condition may be deemed to be a continuation of the original condition. (Code 1980, § 8.23.210; Ord. No. 386, § 1(part), 1989) Page 248 of 495 Sec. 8.23.220. Penalties. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter hereby adopted. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of the requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or Permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Code 1980, § 8.23.220; Ord_ No. 386, § 1(part), 1989) Sec. 8.23.230. Civil remedies available. The violation of any of the provisions of the ordinance codified in this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Code 1980, § 8.23.230; Ord. No. 733, § 3, 2004) State law reference—Nuisances generally, Civil Code §§ 3479-3503. Sec. 8.23.240. Severability. The city council declares that, should anyarticle, p rovision, section, paragraph, sentence or word of the ordinance codified in this chapter adopted be or declared invalid by any final court action in a court of competent jurisdiction ruby reason of any preemptive legislative, the remaining provisions, sections, paragraphs, sentences and words of the ordinance codified in this chapter adopted shall remain in full force and effect. (Code 1980, § 823.240; Ord. No. 733A 4, 20044) Sec. 8.23.250. Urgency and,effectiiv�e date. The city council of the city finds and declares that there is an immediate risk to the public health caused by the confirmed presence in Southern California of the West Nile Virus, known to be spread by mosquitoes. The cityYouncil further finds and declares that the presence of standing water and the, opportunity it presents for disease -carrying mosquitoes to breed and proliferate, significantly contributes to the spread of the virus. Based thereon, the city council finds and declares that it is necessary that the ordinance codified in this chapter take effect immediately in order to fully protect and preserve the'public health and safety. (Code 1980, § 8.23.250; Ord. No. 733, § 5, 2004) CHAPTER 8.24. GRAFFITI* PROHIBITION AND REMOS.LA *State law reference ---Authority to declare graffiti a nuisance and to require abatement, Government Code § 38772; authority to adopt ordinance regulating the sale of aerosol containers of paint or other liquid substances capable of defacing property and governing the placement of graffiti on public or private, real or personal property, Penal Code § 594.5. Sec. 8.24.010. Purpose and intent. A. The city council specifically finds that graffiti on public and private properties is an immediate and serious threat to the safety and welfare of the community. Furthermore, graffiti encourages gang and other criminal activities thereby threatening the. safety of citizens of the city. Additionally, both public and private properties are experiencing a dramatic increase in graffiti Page 249 of 496 which is costly to remove and creates a negative image of the city. Graffiti is a blighting factor which not only depreciates the value of such property that has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon. the entire city. 13. State law authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The city council finds and determines that graffiti is obnoxious and a public nuisance and unless the city causes it to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected and become less desirable places in which to be. C. It is the purpose and intent of the city council, through the adoption of the ordinance codified in this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures. Such acts are inimical to and destructive of the rights and values of private property owners as well as the total community. It is the further intent of the city council, through the adoption of the ordinance codified in this chapter, to provide notice to all of those who disregard the property rights of others, that the law enforcement agencies of the city, the sheriffs department and the district attorney's office ill strictly enforce the law and vigorously prosecute those persons engaging in the defacement -of -public and private properties. (Code 1980, § 8.24.010; Ord. No. 515, § 1(part), 1993) Sec. 8.24.020. Definitions. Aerosol paint container means any of spraying paint or other substance capable of de Code enforcement officer me nas the -cif representatives. .in%this chapter,shall have '21eariv indicates a different iner which is adapted or made for the purpose .ng property. manager or his or her duly authorized Etching su.bstarn.ce means�any)typevf.liquid, cream or paste product used to permanently etch glass. Ingredients of such etching}substances may include, but are not limited to, ammonia/sodium bifluorides and sulfuric acid. \�\ . Felt tip marker means any tipped style marker or similar implement with a tip which is at least one-eighth of one inch in width at its broadest width. Graffiti means any inscription, word, figure, picture, painting, design or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, engraved, pasted or otherwise affixed to or on any surface, to the extent the same was not authorized in advance by the owner thereof, or, despite advance authorization, is otherwise deemed by the code enforcement officer to be a public nuisance. Graffiti implement means an aerosol paint container, a felt tip marker, paint stick or graffiti stick, etching substance or any other device containing any solution or substance capable of scarring or leaving a visible mark at least one-eighth of one inch in width upon any surface. Paint stick or graffitr: stick means any device containing a solid form of paint, chalk, wax, epoxy or other similar substance capable of being applied to a surface by pressure, and, upon application, of leaving a mark at least one-eighth of one inch in width. (Code 1980, § 5.24.020; Ord. No. 515, § 1(part), 1993; Ord. No. 701, § 1, 2003) Page 250 of 496 Sec. 8.24.030. Unlawful to apply graffiti. It is unlawful for any person to apply graffiti to any trees or structures, including, but not limited to, buildings, walls, fences, poles and signs ("structures" hereinafter in this chapter), located within the city. It is also unlawful for any person to apply or affix any adhesive backed label, sticker, bumper sticker or similar item to any tree or structure not owned or lawfully possessed by such person. (Code 1980, § 8.21.030; Ord. No. 515, § 1(part), 1993) State law reference Defacing property with graffiti unlawful, Penal Code § 594. Sec. 8.24.040. Possession of graffiti implements and scribing devices by minors prohibited. A. It is unlawful for any minor to have in his or her possession any graffiti implement or scribing device while upon public property or upon private property without the consent of the owner of such private property whose consent to such possession and presence is given in writing in advance. For purposes of this section, the term "scribing device" means any drill bit, grinding stone, glass cutter, or any device the purpose of which is to scribe into any surface. B. This section shall not apply to the possession of a feltiip, marker by a minor attending, or r traveling to or from a school at which the minor is enrolled, if the -minor is participating in a class at said school which formally requires the possession of such felt't�ip,%m'arkers. (Code 1980, § 8.2,1.040; Ord. No. 515, § 1(part), 1993) �� \\ `/ State law reference --Purchase and possession of etcht g cream�; yetc., capable of defacing property, Penal Code § 594.1. �) ; Sec. 8.24.050. Possession of graffiti imple � `pro ibited in designated public places. It is unlawful for any person to have in his or her possession any graffiti implement while in any public park, playground, swimming pool, recreational facility, or while in or within ten feet of any underpass, bridge abutment, storydrain or`other similar type of infrastructure not normally used by the public, except as may,be,author led by the city. (Code 1980, § 8.24,050: Ord. No. 5 § a � 1993) State law reference—Authority�to adopt ordinance regulating the sale of aerosol containers of paint, Government Code § 38772. Sec. 8.24.060. Accessibility to graffiti implements. A. Mirnishing to manors prohibited. It is unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged given, loaned, or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing. B. Display requirements. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange, any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in: 1. A completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or 2. In an enclosed area behind a sales or service counter from which the public is precluded from entry_ Page 251 of 496 Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of Galiferrin Penal Code § 594.l(c) by posting signs as described therein. C. Storage requ.i.rements. No person or business engaged in the business of selling, providing or trading graffiti implements shall store any graffiti implement except in either: 1(44A completely enclosed room which shall, at all times except during access or actual occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or 2.{231n a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purposes of this section, an owner or authorized representative of the owner shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger structure which is occupied by the owners. D. Grail responsibility for damages for wrongful display or storage. Any person who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costsri`n`c�lluding attorney's fees and court costs, incurred by any party in connection with the removal �o`f � ffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement=ii`vlolation of the provisions of any of the California Penal Code sections set forth in section 8.24.080V1 heree or section 8.24.030. of this ehapten (Code 1980, § 8.24.060; Ord. No. 515, § 1(part)(,` 1993) State law reference --Display sign, Penal Code § 594.4(5)(e). Sec. 8.24.070. Graffiti removal provisions. A. Right of city to require -re, ll oval:—It'is unlawful for any person who is the owner, or who has primary responsibility for control of,private property or who has primary responsibility for the repair or maintenance of private property ("responsible party" hereinafter in this section), to permit the property to be defaced with graffiti for a period in excess of seven days after service by city by first class mail of notice of same, unless: 1. The person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or 2. It can be'demonstrated that the responsible party has an activd program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it is unlawful to permit such property to remain defaced with graffiti for a period of 15 €�fteen days after service by first class mail of notice of same. B. Declaration. of nu.isan.ce. 1. Graffiti as a nuisance. The city council declares and finds graffiti to be a nuisance subject to abatement according to the provision and procedures herein contained. Graffiti -attracting surface as a nuisance. The existence of any surface of a structure on any privately owner parcel of land which has been defaced with graffiti after removal more than five times in 12 twelve -months is deemed to be a nuisance, and may be abated by the city's requiring modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures set forth in chapter 8.23 of this Code. Such modifications may include, but are not limited to, the retro -fitting of such surfaces at the Page 252 of 496 expense of the property owner(e4 of the lot, not to exceed a total cost of $500.OOfive dollars,hundred or at the cost of the city at the city's option, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient expedient or efficient removal of graffiti therefrom. C. Right to-gLci.ty to rentove. 1. Use of public funds. Whenever the city becomes aware that graffiti is located on public or private property viewable from a public or quasi -public place within the city, the city shall be authorized in its discretion to use public funds for graffiti removal, or for repainting or repairing of the property. The city shall further be authorized to require a responsible party to agree to reimburse the city for its actual costs prior to the expenditure of public funds. This section shall not authorize graffiti removal on, or the repainting or repairing of, property owned by another public entity without prior agreement. This section shall not authorize the repainting or repairing of any more extensive area than that where the graffiti is located, unless the city determines that a more extensive area is required to be repainted or repaired in order to avoid aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. -2. Right of entry on private property. a. Secu.rbig owner consent. Prior to entering,`upon• private property or property owned by a public entity other than the city,, -for the purpose of removal of graffiti, the city \ \--- shall attempt to secure the consentf f the -responsible party, and a release of the city from liability for private or public property damage. b. Failure to obtain oiwier consen �ff,a responsible party fails to remove the offending graffiti and the responsible party shall have refused consent for entry on terms acceptable to the city consistent with the terms of this section, the city may commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provrsio�ns_of chapter 8.2 gfthiA rAr ,which procedures authorize the recovery of all \costs � incurred by the city in abating graffiti including the recordation of a,l n�/as to affected property. D. Ease of removal provisr:ons., 1. Corrr.rrron. utility colors and point -type. Any gas, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint'their above -surface metal fixtures which are installed after the effective date of the ordinance codified in this chapter with a uniform paint type and color as directed by the city manager. 2. Conditions ort encroachment permits. Encroachment permits issued by the city may, among other things, be conditioned on: a. The permittee applying an anti -graffiti material to the encroaching object or structure of the type and nature that is acceptable to the city manager, or his or her designee; b. The immediately removal by the permittee of any graffiti; C. The right of the city to remove graffiti or to paint the encroaching object or structure; d. The permittee providing city with sufficient matching paint and/or anti -graffiti material on demand for use in painting of the encroaching object or structure containing graffiti. Page 253 of 496 Conditions on. discretionary approvals. In imposing conditions upon conditional use permits, variances, building permits to the extent permitted by this Code, or other similar land use entitlement or development or design applications, the city may impose "graffiti removal requirements" or any or all of the following conditions, or other similar or related conditions: a.' Use of anti -graffiti material. Applicant shall apply an anti -graffiti material of a type and nature that is acceptable to the city manager, or his or her designee, to such of the publicly -viewable surfaces to be constructed on the site deemed by the city manager, or designee, to be likely to attract graffiti ("graffiti -attracting surfaces" hereinafter in this section); b. Right of access to remove graffiti. Applicant shall grant, in writing, the right of entry over and access to such parcels, upon 48 ferty -hours' posted notice, by authorizing city employees or agents, for the purpose of removing or "painting of graffiti on graffiti -attracting surfaces previously designated by the city manager, or designee. Such grant shall be made an express condition of approval and shall be deemed to run with the land; C. Supply city wi,t.h graffiti -removal material. The applicant, and any and all successors in interest, shall, for a specified period of years�er-approval, provide the city with sufficient matching paint and/or anti -graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces; d. Owner to inrnaediately remove graffiti._Persn applying for subdivision maps shall, � �.., as part of any conditions, covenants and restrictions, covenant, which covenant shall run with the land, in a form satisfactory to,1the city, that the owners of the lots shall immediately remove any graffiti -places on publicly viewable trees and structures thereon to the city's satisfac.4on. (Code 1980, § 8.24.070; Ord. No. 515, § Sec. 8.24.080. Rewards. A. 1 A.4- Pursuant to Gali€er Government Code § 53069.5, the city reserves the right to offer a reward in an amount and as tosuch locations as may be set by resolution of the city council, for information leading to the arres and conviction of any person for violation, within the city, of Cagier -Penal Code § 594 or 594.3 by the use of graffiti, Penal Code §§ 640, 640.5, 640.6, or sections 8.24.030, 8.24.040 or 8.24.050 of this chapter. In the event of multiple contributions of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the violator to a community service program, a plea bargain to a lesser offense, or the sustaining of any juvenile petition filed pursuant to CaliferniftWelfare and Institutions Code § 602 et seq., shall constitute a conviction. B.-2-. Claims for rewards under this section shall be filed with the city. Each claim shall: l.a Specifically identify the date, location and kind of property damaged or destroyed; 2.1} Identify by name the person who was convicted; 3.e: Identify the court and the date upon which the conviction occurred. C.4-. No claim for a reward shall be allowed by the city council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Once the claim is verified and determination is made, the reward shall be paid within the city's ordinary course of business. Page 254 of 496 D.4 The person committing the graffiti -vandalism, and, if an unemancipated minor, then the parent or lawful guardian of the minor, shall be civilly liable for any reward paid pursuant to this section pursuant to the provisions of Cali€ernia Government Code § 53069.5. (Code 1980, § 8.24.080; Ord. No. 515, § 1(part), 1993) State law reference—Parental liability, Government: Code § 38772. Sec. 8.24.090. Reimbursement of cellular phone costs. The city shall reimburse to any person reporting by means of a cellular phone an act of graffiti vandalism presently occurring within the city, the amount of the actual phone charges, exclusive of taxes, incurred by the person. (Code 1980, § 8.24.090; Ord. No. 515, § 1(part), 1993) Sec. 8.24.100. Penalties and civil liability of parents. A. Criminal penalties. Any violation of this chapter shall be a misdemeanor punishable by either six months in jail, a 1,000.00 one thousand doll. ,. fine, or by such fine and imprisonment, and by the performance of community service, including, but not limited to, graffiti cleanup, to the maximum extent permitted by California Penal Code § 594 and/or any other provision of law. B. Additional penalties available. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties upon conviction: 1. Litter or graffiti cleanup pursuant to ��ehicle`,-Code § 42001.7, upon conviction of violation of Cali"--nia Vehicle Code § 23.1-1.1, 23112 or 23113(a); 2. Suspension or delay of issuance of driver'scense pursuant to Vehicle Code § 13202.6 upon a graffiti -vandalism conviction; 3. Performance of community service, including graffiti removal service by any minor determined to be a ward of thfe\court�as a result of committing a vandalism -related offense in the city, as provided in,.��Welfare and Institutions Code §§ 728 and/or 729.6; 4. Performance of communit ,,se�c`e including graffiti removal service of u to 100 eine l�Y g g p hundred hours byZrny))", inor>deternimed to be a ward of the court as a result of committing a drug related offense in the city as provided in and Institutions Code § 729.8 C. It is the city's further intent that, pursuant to G-A'nPenal Code § 640.6(a), all acts of graffiti -vandalism occurring within the city shall be prosecuted as misdemeanors or felonies pursuant to Gali€erniii Penal Code § 594 et seq., or as misdemeanors pursuant to this chapter. D. Pursuant to California —Civil Code § 1714.1(b), any parent or legal guardian having custody and control of a minor shall be jointly and severally liable with the minor for any damages resulting from any willful misconduct of the minor which results in the defacement of property by graffiti, and for all attorneys fees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, not to exceed $25,000.00. twenty five thaiisRFId— a (Code 1980, § 8.24.100; Ord. No. 51.5, § 1(part), 1993; Ord. No. 701, § 2, 2003) State law reference ----Civil liability of parents, Government Code § 38772. CHAPTER 8.25. VEHICLE ABATEMENT* *State law reference—Authority to remove vehicles, Vehicle Code § 22650; abandoning vehicle prohibited, Vehicle Code § 22523; authority to remove abandoned vehicles, Vehicle Code § 22650 et seq. Page 255 of 496 Sec. 8.25.010. Findings and declarations. In addition to and in accordance with the determination made and the authority granted by the state , under Vehicle Code § 22660, to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, on public or private property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Code 1980, § 8.25.010; Ord. No. 387, § 1(part), 1989) Sec. 8.25.020. Definitions. For the purpose of this chapter, the following wordsaPnd--ip)hrases are defined and shall be construed as hereinafter set out, unless it is apparent from thecontext that a different meaning was intended: B:Code enforcentent officer means the city�m� _ anager for the city and his duly authorized representatives. \�� GHiglucay means a way or place of whatever,nature, publicly maintained and open to the use of the public for purposes of vehicular -travel ThYe term "highway" includes the term "street." P -.Owner of the land meansAhe owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equaljzed,�ass sse ment roll. &.0umer of the vehicle means the\st registered owner and legal owner of record. Public property does not include the term "highway." �VAicle means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Code 1980, § 5.25.020; Ord. No. 387, § lq)art), 1989) Sec. 8.25.030. Exclusions from application of chapter. A. This chapter shall not apply to: LA-. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or 2.B-. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a iunkyard. B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter --10 (commenein . with Seetio " 9€ pi'vision 11 Vehicle Code § 22650 et seq., and this chapter. (Code 1980, § 8.25.030; Ord. No. 387, § 1(part), 1989) Page 256 of 496 State law reference—Exclusions and exemptions, Vehicle Code § 22661(b). Sec. 8.25.040. Chapter not exclusive. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances enacted by the city, the state or any other legal entity or agency having jurisdiction, before or after the effective date of the ordinance codified in this chapter. (Code 1980, § 8.25.010; Ord. No. 387, § 1(part), 1989) Sec. 8.25.050. Administration and enforcement generally. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager, the code enforcement officer, or their duly authorized designees. In the enforcement of this chapter, such officers and their deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle declared to be a nuisance pursuant to this chapter. (Code 1980, § 8.25.050; Ord. No. 387, § 1(part), 1989) Sec. 8.25.060. Removal contracts. When the city council has contracted with, or granted a(franchise to, any person -or- -per-son s, such person er pe shall be authorized to enter uponoprivate property to remove or cause the removal of a vehicle, or parts thereof, declared to be a nuisance pursuant to this chapter. (Code 1980, § 8.25.060; Ord, No. 387, § 1(part), 1989)��� Sec. 8.25.070. Authority to determine adminiSrative costs. The city council shall from time to time -determine and fix an amount to be assessed as administrative costs tinder this chapter. (Code 1980, § 8.25.070; Ord. No. 387, § 1(part);19 Sec. 8.25.080. Authority to cause abatement and removal. Upon discovering the existence of na abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private•or�public property within the city, the code enforcement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedures prescribed in this chapter. (Code 1980, § 8.25.080; Ord. No. 387, § 1(part), 1989) Sec. 8.25.090. Notice of intention and removal. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership or unless the property owner and the owner of the vehicle_ have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission or wheels and incapable of beinF,, towed is valued at less than two hundFe a&14a+s,-4$200.00� by a person specified in Vehicle Code § 22855, and is determined by the city to be a public nuisance presenting an immediate threat to public health or safety, provided that _the property owner has sil4ned a release authorizing removal and waiving further interest in the vehicle or part thereof. The notice of intention shall include the following information: A. Title statement: Notice of intention to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof as a public nuisance; Page 257 of 496 B. Name and address of: 1. The owner of the land as shown on the last equalized assessment roll; and 2. The last registered and/or legal owner of record of the vehicle, if known; C. Description of the vehicle (or parts of a vehicle), including make, model, license number, and vehicle identification number, if known; D. Description of the location of the private property or public property where the vehicle (or parts of a vehicle) is located; E. Notice that within ten days of the date of mailing of the notice of intention to abate: 1. Removal of the vehicle (or parts of a vehicle) shall be required; er 2. A written request for a public hearing may be submitted to the code enforcement officer; or 3. The property owner may submit a sworn written statement denying responsibility for the presence of the vehicle (or parts of a vehicle) on their land, with reasons for such denial, which shall be construed as a request for a hearing at which their presence shall not be required or the property owner may appear in person at such hearing; and 4. Failure to remove the vehicle, or failure toyrespond sa specified in subsections E.2 or 3 sum=sus 2-o4-, 3 -of this s"section,.shall'rant4 lie code enforcement officer the authority to remove and abate the vehicle (or parts of a vehicle) as a public nuisance and assess the costs, along with any administrative costs, to the owner of the land without a public hearing; �� j F. Any interested party may appeaZin erson-at'any hearing requested by the owner of the vehicle or the owner of the land where the vehicle is located or, in lieu thereof, may submit a sworn written statement,in time for consideration at such hearing; G. Municipal Code sections Which- 1Declare the vehicle (or parts of a vehicle) to be a public nuisance; and 2. Authorize the removal and abatement of the vehicle (or parts of a vehicle) by the City; H. Name and title of issuing officer; I. Date of mailing; J. Mailing address of the city and/or abatement authority. (Code 1980; § 8.25.090; Ord. No. 387, § 1(part), 1989) State law reference—Requirement for 10 -day notice and removal, Vehicle Code § 22661(c). Sec. 8.25.100. Request for public hearing on question of abatement and removal; notice of hearing; abatement by city when hearing request not filed. A. Upon request by the owner of the vehicle or owner of the land received by the code enforcement officer within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the code enforcement officer on the question of abatement and removal of the vehicle, or parts thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle, or parts thereof, against the property on which it is located. - B. If the owner of the land submits a sworn written statement denying responsibility for the presence of a vehicle on his land within such ten-day period, the statement shall be construed as a Page 258 of 496 request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or parts thereof, as a public nuisance without holding a public hearing. (Code 1980, § 8.25.100; Ord. No. 387, § ](part), 1989) Sec. 8.25.110. Hearing procedures. A. All hearings under this chapter shall be held before the code enforcement officer who shall hear all facts and testimony he or she deems pertinent. The facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on the private property or public property. The code enforcement officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle.on the land, with his reasons for such denial. B. The code enforcement officer may impose such conditions and take such other action as deemed appropriate under the circumstances to carry out the -purpose of this chapter. He may delay the time for removal of the vehicle, or parts thereof, if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the codeRenf6rir ement officer may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land, The -order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.\! C. If it is determined at theo'h ae ring that the vehicle was placed on the land without the consent of the owner of the land,'and that_he'has not subsequently acquiesced in its presence, the code enforcement officer shall not assess the costs of administration or removal of the vehicle against the property upon whichA'the vehicle is located or otherwise attempt to collect such costs from such owner of the land. D. If the owner of the land submits a sworn written statement denying responsibility for the presence of .the vehicle on his land but does not appear, or if an interested party makes a sworn written presentation to the code enforcement officer but does not appear, he shall be notified in writing of the decision. (Code 1980, § 8.25.110; Ord. No. 387, § I(part), 1989) State law reference—Denial of responsibility, Vehicle Code § 22661(f). Sec. 8.25.120. Appeal. A. Any interested party may appeal the decision of the code enforcement officer by filing a written notice of appeal with the city clerk, within five days after the decision. B. Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate. C. The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in section 8.25.090. D. In conducting the hearing, the city council shall not be limited by the technical rules of evidence. Page 259 of 496 (Code 1980, § 8.25.120; Ord. No. 387, § 1(part), 1989) Sec. 8.25.130. Removal of vehicle to scrapyard or dismantler's yard; reconstruction of vehicle. Five days after adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five days from the date of mailing of notice of the decision if such notice is required by section 8.25.110, or 15 €i€teen days after such action of the governing body authorizing removal following appeal, the vehicle, or parts thereof, may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, , unless it ; a „i„„ le that .Biles for either hersei,,ss (Code 1980, § 8.25.130; Ord. No. 387 § 1(part), 1989) State law reference—Removal of vehicle or vehicle part, Vehicle Code § 226610. Sec. 8.25.140. Notice to department of motor vehicles. Within five days after the date of removal of the vehicle, or parts thereof, notice shall be given to the department of motor vehicles identifying the vehicle, or parts thereof, removed. At the same time, there shall be transmitted to the department of motorKehicles any evidence of registration available, including registration certificates, certificates oflitleand license plates. (Code 1980, § 8.25.140; Ord. No. 387, § 1(part), 1989) State law reference—Notice to state department: of (mot ro vehicl`erequired, Vehicle Code § 2`2661. Sec. 8.25.150. Assessment of costs. _ �\ If the administrative costs and the cost of rem\\\ovaj�wwhich are charged against the owner of a parcel of land pursuant to section 8.25.090 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Seed^ ��g' " z �`�F�the—Government Code § 38773.5 and shall be transmitted to the tax collector fol collecti�The assessment shall have the same priority as other city taxes. (Code 1980, § 8.25.150; Ord. No. 387,.1§ 1(part} 1989) Sec. 8.25.160. Parking abandon d or dismantled vehicles. r It is unlawful and a misdemeanor for any person to abandon, park, store, leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways within the city, for a period -in excess of five days, unless such vehicle, or parts thereof, is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. (Code 1980, § 8.25.160; Ord. No. 387, § 1(part), 1989) Sec. 8.25.170. Failure to remove abandoned vehicle unlawful. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable. (Code 1980, § 8.25.170; Ord. No. 387, § 1(part), 1989) Page 260 of 496 CHAPTER 8.26.SERVICE C14ARGES FOR FALSE ALARM SYSTEMS* *State law reference—Alarm Company Act, Business and Professions Code § 7590 et seq.; local authority of cities to require that alarm system companies obtain business permits, require alarm agents and operators to register with the city their name and state -issued identification card, regulate false alarm activations and responses, and require owners of alarm systems to obtain a permit to operate the system, Business and Professions Code § 7592.8; false alarms, Penal Code § 1.48.4. See. 8.26.010. Definitions. For the purposes of this chapter, the following definitions shall apply: AAlarm. system means any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, which device, when actuated, emits a sound beyond the business premises or residential unit or dwelling protected by such device or transmits a signal or message to another location. $:False alarm means an activated alarm or alarm signal from any alarm system which is responded to within the city by the county sheriffs department, but for which no emergency situation exists or where there is no evidence to indicate WaNhere was an emergency situation as determined by the responding officer_ The term false alarm" -.-,,shall not include those alarms activated by extraordinary meteorological, atmospheHe, or other conditions or means as determined by the sheriffs department. GFiscal year means theperiod from and includin Jul 1st: of any g year to and including June � g Y 30t4 of the following year. Person. means any individual, partnership. corporation or other entity. (Code 1980, § 826.010; Ord. No. 409, §l(pa }t)�1990) Sec. 8.26.020. Response serviice ha`r'gtt., A service charge which is established by resolution of the city council of the eityin order to defray costs incurred in pt viding law enforcement services in response to a false alarm shall be paid to the city, by each per onNwho possesses premises for each third and subsequent police response made to those premises generated by a false alarm during any fiscal year. (Code 1980, § 8.26.020; Ord. No. 409, § 1(part), 1990) Sec. 8.26.030. Billing. The city's finance department shall cause to be issued' a monthly bill for the unpaid service charges accrued during the billing period and any prior periods. Such bill shall be due and payable within 15 fifteen days after the billing date. (Code 1980, § 8.26.030; Ord. No. 409, § 1(part), 1990) Sec. 8.26.040. Enforcement. The amount of any service charge shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any unpaid service charges. All service charges shall be deemed delinquent 15days after they are due and payable. (Code 1980, § 8.26.040; Ord. No. 409, § 1(part), 1990) Page 261 of 496 CHAPTER 8.27. STREET ADDRESS POSTING Sec. 8.27.010. Assignment of street addresses. Street addresses shall be designated and assigned by the community development department, a designated division thereof or other agency in cooperation with the community development department. (Code 1980, § 8.27.010; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) Sec. 8.27.020. Posting required; exceptions. A. Street address numbers shall be conspicuously posted and thereafter maintained on each building located in the city. B. Exceptions: 1. Buildings accessory to residential buildings; 2. When street address numbers for a single-family residence would not be visible from the street due to distance from the street or obstruction, numbers may be posted on a post or other independent structure. Such numbers mounted shall otherwise meet the requirements of this chapter. Numbers posted on freestanding mailboxes are acceptable der theNprovisions of this subsection, provided no more than one mailbox is installed at the same location. (Code 1980, § 827.020; Ord. No. 418, § 3(part), 1990; Ord. No. 448A, § 1, 1991) Sec. 8.27.030. Size and location of numbers.. All street address numbers posted pursuant (to this chapter shall meet the following minimum requirements: A. Numbers shall be no less than four inches in height with a corresponding width; B. Numbers and their background ca rs_are to be of significantly contrasting shades; C. Numbers are to be readily visibl1e-and readable from the street on which the building or buildings front; D. Numbers painted on`curbs are not acceptable as substitute for the requirements of this chapter. (Code 1980, § 8.27.030; Ord- No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) Sec. 8.27.040. Multi -building properties. Properties developed with more than one main building and where ,visibility of all building street numbers from the street is obstructed or is otherwise unreadable, shall, in addition to the numbering for individual buildings, also be provided with independent structures located adjacent to the street frontage upon which the address numbers have been assigned, showing, in readily visible fashion, the beginning and ending numbers assigned to that parcel. Where numbers are assigned on more than one street frontage, such independent structures shall be provided on each frontage. (Code 1980, § 8.27.040; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) Sec. 8.27.050. Street address numbering review. For other than single-family residential properties, location, size, contrast, visibility and mounting of street address numbers for new projects shall be subject to, and a part of, review under the land use and development approval requirements of chapter 17.12 of this Code. Page 262 of 496 (Code 1980, § 8.27.050; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991; Ord. No. 855, § 4(attach. 4), 8-1-2012) Sec. 8.27.060. Enforcement. The building and safety division shall be responsible for initial installation of street address numbers required by this chapter. The fire chief of the city fire district shall be responsible for enforcement of maintenance provisions of this chapter. (Code 1980, § 8.27.060; Ord. No. 418, § 3(part), 1990; Ord. No. 418A, § 1, 1991) CHAPTER 8.30. TAXICAB SERVICE* *State law reference—Local regulation of taxicabs, Government Code § 53075.5; seizing unlicensed taxicab, Government Code § 53075.61; authority to regulate taxicabs and vehicles for hire, Vehicle Code § 21100(b); sign required, Vehicle Code § 27908. Sec. 8.30.010. Definitions. As used in the chapter, the following terms shall have the meanings set forth below: Driver means any person driving a taxicab either as owner or under the direction, employment, control, or service of the owner as herein defined,A, 9 -.Owner means every person having control, otherwise of any taxicabs for hire. 49 Person means and includes both singular individual, firm, corporation, association, partner l�Tvxicab means any vehicle desi ned to c , driver which is used to provide taxicab service. t ownership, lease or 1, `and means and includes any , exclusive of public agencies. this chapter. E -Taxicab service means any publicsseng. transportation service available for hire on call or demand over the public streets of the c where the service is not provided over a defined route but between such points and over u may be directed by the persons hiring the same, and irrespective of whether theOfta tend beyond the area of the corporate limits of the city. (Code 1980, § 8.30.010; Ord. Nb. 1(p , 1992) Sec. 8.30.020. Permit require r taxicab service. It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab service within the city without having a .permit to do so under the provisions of this chapter. (Code 1980, § 8.30.020; Ord. No. 501, § 1(part), 1992) Sec. 8.30.030. Application for taxicab service permit. Any person desiring to obtain a permit to operate a taxicab service under this chapter shall submit a written application to the business license division of the finance department on an application form provided by the business license division of pm the finance deartent. finanee di top. administrative serAees diree Applications shall be signed under penalty of perjury and shall contain the following information: A. Name, residence address and telephone number of the applicant; B. Business name, address and telephone number of the applicant; C. Number of vehicles to be operated under the permit; Page 263 of 4% D. The make, type, year, manufacturer, and passenger seating of the vehicles to be used by the applicant; E. The proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon; F. Evidence of public liability insurance of not less than $1.000.000.00 for each person killed or injured and not less than 81.000.000.00 for death or injury of any two or more persons in any one accident, and for damage to property of at least 1;1.000.000.00 from any one accident; G. Legal and registered ownership of the vehicles to be used by the applicant; H. Prior experience of the applicant in the taxicab business including the details of any prior denial, revocation or suspension by any public agency of any taxicab service or taxicab driving permit, license or certificate; 1. All felony convictions of the applicant and of all persons having an ownership interest in the proposed taxicab service for the previous five years; J. Rates to be charged to the public throughout the ter 6f a ny permit issued; K. Unless otherwise provided by law, evidence. th t the applicant has procured workers' compensation insurance covering any andd 'ver to a utilized by the applicant should a taxicab service permit be issued. ' co ens tion insurance all employees with statutory limits. (Code 1980, § 8.30.030; Ord. No. 501, § 1(part), 1992; rd. No. 3, 1, 1995) Sec. 8.30.040. Issuance of a taxicab se A. Upon the furnishing of all the' ormat on required by section 8.30.030 and payment of the required fee under this chapter, the fiance d ctor shall set a date and time of not less than ten more th 30 rte- ve­days thereafter for a public hearing concerning the application to be condurte Yore the city council, and shall give notice of the time so set, at least five business efo . , the date of said hearing, to the applicant, by certified ekwe fi� mail, postage p theMdress set out in the application, and by publication of the application in a daily newapape general circulation in the city on two different days. B. At the time set for the easing of the application, theicy vt council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the applicant has satisfied all requirements of this chapter and, further, whether or not the public interest, convenience and necessity justify the issuance of the permit. If it be found by the city council that all requirements of this chapter have been satisfied and that the public interest, convenience and necessity justify issuance of the permit, it shall, by motion or resolution, order theinanee_director to issue a taxicab service permit. Any applicant denied a taxicab service permit shall be notified in writing of such denial and the grounds upon which such denial is based. C. The following factors shall be weighed with the burden upon the applicant to show public need and necessity: The inadequacy of existing taxi services; 2. The population density and socio-economic characteristics in the proposed area of operation; 3. Type and frequency of transportation service needed in the proposed area of operation; Page 264 of 496 4. Existing public transportation patterns, schedules and service levels and the impact of the application upon such service; 5. Traffic and parking conditions; ' 6. The probable permanence and quality of the services offered by the applicant; 7. The character of taxi service proposed by the applicant as demonstrated by: the proposed use, if any, of a radio communications system, the proposed use of terminals and private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles; 8. The financial status, character and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record and evidence of liability and worker's compensation insurance; 9. The experience of the applicant in taxicab service operations as an owner, manager or taxi driver, as described in section 8.30.030H. of this ehapte•• D. Upon receipt of an application and prior to making,-a%determination of public interest, convenience and necessity, each holder of a city -issued taxicab service permit shall be notified in writing that an application' has been filed and of the/date and time of the public hearing to consider said application. (Code 1980, § 8.30.0,10; Ord. No. 501, § 1(part), 1992; 0 No. 543W,, 2, 1995) Sec. 8.30.050. Grounds for denial or revocation of taxicab service permit. Taxicab service permits shall be deni d,or;rev ked on the following grounds: A. Failure to maintain vehicles in good and safe order and in compliance with all laws; 11 B. Any false statement made on-anapplication submitted under this chapter; C. Failure to pay any fees a4equired under this chapter; D. Repeated and persistent violat�ions'by the permittee or the permit holder's drivers of the traffic laws of the city- county or state; E. The employing of a dri'ver.who does not have a valid taxicab driver's permit under the requirements of this chapter; F. Violations of any of the provisions bf this chapter by the permit holder; G. Charging rates in excess of the amounts stated in the permit application; H. Conviction of a felony within five years of the date of application where such felony involved fraud or dishonesty by the applicant with respect to any member of the public, or where any taxi owned or operated by the applicant was used in connection with the commission of such felony. (Code 1980, § 8.30.050; Ord. No. 501, § I(part), 1992) Sec. 8.30.060. Permit fees. A. Every person engaging in or carrying on the business of taxicab service, or engaged in the activity of driving a taxicab, shall pay an annual permit fee as established by resolution of the city council. Required fees shall be paid at the time an application for a permit is submitted under this chapter. B. Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination. Any renewal of a permit issued Page 265 of 496 under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit. A person holding a taxicab service permit may not drive a taxicab without also possessing a taxicab driver's permit. Permits issued under this chapter may not be transferred to any other person. (Code 1980, § 8.30.060; Ord. No. 501, § 14mrt), 1992) Sec, 8.30.066. Taximeters required. A. Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified. B. Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the city or any aut orized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter permittee shall remove or cause to be removed any vehicle equipped with such taximeter from �the%rqets of the city until such taximeter has been correctly adjusted and certified ythe y division of weights and measures. (Code 1980, § 8.30.065; Ord. No. 543, § 3, 1995) Sec. 8.30.070. Taxicab driver's permit required. A. It is unlawful for any person to accept any per n as a passenger in a taxi within the city, or otherwise provide transportation se ices by taxi beginning in the city, without having a current taxicab driver's permit issued u nt to his chapter. B. Notwithstanding subsec ' n f this section, the finance director may accept current t a ermits issued by another city or county where such city's or county's permitt. e s meet the minimum standards of this chapter and, in the director's discretion, pro r th safety of the residents of the city. In such case, a taxicab driver may operate with that pe it in lieu of a permit issued by the city efRanelhe Gueameaga. (Code 1980, § 8,30.070; Ord. No. 501, § 1(part), 1992; Ord. No. 543, § 4, 1995) Sec. 8.30.080, Application for a taxicab driver's permit. A. Any person desiring to obtain a taxicab driver's permit shall submit a written application to the business license division of the finance department . The application shall provide requested information, under penalty of perjury, on application forms supplied by the business license division of the finance department ad+millistr tive serviees direeteg regarding the following: 1. Pertinent personal data and proof of possession of a valid Class 3 driver's license issued by the stat ' 2. Physical condition affecting driving ability; 3. Driving record for three years prior to application, including, but not limited to, any and all convictions of any provisions of the Vehicle Code; 4. The date and nature of any and all criminal convictions of the applicant for the previous five years; 5. Summary of experience in driving motor vehicles, taxis and/or other vehicles for hire; Page 266 of 446 6. The name and address of the taxicab service by which the applicant will be employed. B. Each applicant shall provide two a -passport size photographs, be fingerprinted by the city office de artment Ran R,.mavdine '-Amity ..i.ei4 ffs @Mae and a criminal records check shall be conducted on the applicant. The applicant will be required to pay the AhPPUTa established fees for such services in addition to the taxicab driver's permit fee. A driver obtaining a permit renewal need not be fingerprinted and photographed if the sheriff determines that such is not necessary for permitting purposes. (Code 1980, § 8.30.080; Ord. No. 501, § 1(part), 1992) Sec. 8.30.090. Grounds for denial or revocation of taxicab driver's permit. A taxicab driver's permit may be denied or revoked on the following grounds: A. The driver does not possess a valid Class 3 driver's license issued by the state, of Gal&raia, or any other permit or license required by law; B. The driver has been convicted of a crime within the last five years which involved: Fraud or dishonesty with respect to any member of the public; 2. Driving while under the influence of alcohol or dpigs; 3. Injuries to any member of the public as a resul river's operation of a taxi; 4. An assault or battery, Any or other violent be 'avior agai any person; 5. The sale of illegal drugs; C. The driver has been convicted of drivigg'a t ca ecklessly within the preceding two years; D. The driver has repeatedly and p sis t1*idlated the traffic law of the city, county or state; E. Within the last five years: �r 1. The driver has dri nger in a taxicab which the driver knew or should have known wa in d order and repair; 2. The driver has ed a of the provisions of this chapter; 3. The driver has c ed any person more than the established rate for taxicab service; 4. The driver has had any permit to operate a taxicab revoked; F. The driver has made false statements on an application submitted under this chapter; G. The driver is required to register under Seetien 290 of the Penal Code § 290• Af the state of califeraiw, H. The driver has been convicted of a violent felony at any time and the finance director has reasonable cause to believe that such driver continues to constitute a threat to the public health, safety or welfare; I. The driver is not at least 18 years of age. (Code 1980, § 8.30.090; Ord. No. 501, § 1(part), 1992; Ord. No. 543, § 5, 1995) Sec. 8.30.100. Issuance of taxicab driver's permit. ArIf the city council, or its designee, upon payment of all required fees, submittal of the required application and proof of completion of fingerprinting and photographing, finds that the applicant is duly qualified, in compliance with the provisions of this chapter, and there are no Page 267 of 496 grounds for denial, the applicant shall be issued a taxicab driver's permit. Any applicant denied a permit shall be given written notice of the reasons for the denial. Permits shall remain the property of the city and are not transferable to any other driver. A permit shall be surrendered to the city by the driver upon such driver ceasing to engage in the activity of a taxicab driver. The taxicab driver's permit shall set forth the driver's name and working address. Upon payment of all required fees, the permit shall bear the driver's picture and shall be displayed while the driver is operating the taxicab so as to at all times be easily visible in the passenger's compartment of the taxicab. eempletion of the sh—II investigation. (Code 1980, § 8.30.100; Ord. No. 501, § .1(part), 1992) Sec. 8.30.105. Requirements applicable to taxica Each taxicab driver: A. Shall keep an accurate, legible record 4 all paenfers carried, the pick up and drop off points, and the date and time carried. rel shall be available for up to one year for review by the director or designe a w.=r B. Shall not, when otherwise availle for re, refuse to transport anyone requesting a ride except when the safety ,ash v or passenger may be jeopardized by such transportation; Al iF C. Shall wear a distin u m -with an emblem, badge or insignia, and similar calor scheme identifying ver' ssociation witha permitted taxicab service; D. Shall keep the taxicab and mechanical condition; E. Shall charge only those rates as submitted on the application or such rates as have been approved by the director in writing; F. Shall keep the taxicab in a clean and sanitary condition. (Code 1980, § 8.30.105; Ord. No. 543; § 6, 1995) Sec. 8.30.110. Appeal procedures. Any person denied a permit pursuant to this chapter may appeal to the city council i -H writing, stet ng ressens ...s.y the permit sheold be granted—hX_fifi_ng_a written request for an administrative appeal hearing with the city clerk within ten days after service of notice of the -City council's decisionio deny. The city council may hear appeals directly or is its sole discretion may appoint a hearing officer to hear any or_.4lLappealq and make a recommendation to the city council. The request for an administrative appeal hearing shall state the reasons why the permit should be granted._Upon receipt of a timely, written request for appeal, the city council shall set a hearing to occur within 45 ferty five days, before the city_council or designated hearing officer. The city council shall render a decision within thirty a reasonable period not to exceed 60 ekA"ays of the conclusion of the hearing. (Code 1980, § 8.30.110; Ord. 501, § 1(part), 1992) IT 0111.11KIN. P.M. 1 ~11-01111 ~11110. eempletion of the sh—II investigation. (Code 1980, § 8.30.100; Ord. No. 501, § .1(part), 1992) Sec. 8.30.105. Requirements applicable to taxica Each taxicab driver: A. Shall keep an accurate, legible record 4 all paenfers carried, the pick up and drop off points, and the date and time carried. rel shall be available for up to one year for review by the director or designe a w.=r B. Shall not, when otherwise availle for re, refuse to transport anyone requesting a ride except when the safety ,ash v or passenger may be jeopardized by such transportation; Al iF C. Shall wear a distin u m -with an emblem, badge or insignia, and similar calor scheme identifying ver' ssociation witha permitted taxicab service; D. Shall keep the taxicab and mechanical condition; E. Shall charge only those rates as submitted on the application or such rates as have been approved by the director in writing; F. Shall keep the taxicab in a clean and sanitary condition. (Code 1980, § 8.30.105; Ord. No. 543; § 6, 1995) Sec. 8.30.110. Appeal procedures. Any person denied a permit pursuant to this chapter may appeal to the city council i -H writing, stet ng ressens ...s.y the permit sheold be granted—hX_fifi_ng_a written request for an administrative appeal hearing with the city clerk within ten days after service of notice of the -City council's decisionio deny. The city council may hear appeals directly or is its sole discretion may appoint a hearing officer to hear any or_.4lLappealq and make a recommendation to the city council. The request for an administrative appeal hearing shall state the reasons why the permit should be granted._Upon receipt of a timely, written request for appeal, the city council shall set a hearing to occur within 45 ferty five days, before the city_council or designated hearing officer. The city council shall render a decision within thirty a reasonable period not to exceed 60 ekA"ays of the conclusion of the hearing. (Code 1980, § 8.30.110; Ord. 501, § 1(part), 1992) Page 268 of 496 See. 8.30.120. Revocation of permits. No permit issued under this chapter shall be revoked until notice is provided and a hearing to determine whether there are grounds for revocation shall have been held before the city council or in the city council's sole discretion before a hearing officer appointed by the city council to hear the appeal and make a recommendation to the city council. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, and shall designate the time and place where such hearing will be held. The notice shall be served upon the permit holder by delivering the same personally or by leaving such notice at the place of business or residence of the permit holder. In the event the permit holder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the city council shall be final. This chapter shall be enforced by the sheriff of the county. (Code 1980, § 8.30.120; Ord. No. 501, § 1(part), 1992) Sec. 8.30.130. Exemptions. This chapter shall not apply to public transportation service being performed pursuant to a contract with the city or any other public entity in this state. (Code 1980, § 8.30.130; Ord. No. 501, § 1(part), 1992) Sec. 8.30.140. Time for compliance by existing taxicab services and taxicab drivers. Any taxicab service or taxicab driver performing service within the city on the effective date of the ordinance codified in this chapter shall Have 60��days from the effective date of the ordinance codified in this chapter to obtain.permits required hereunder. (Code 1980, § 8.30.1,10; Ord. No. 501, § 1(part), 1992) Sec. 8.30.150. Penalty for violation A. Crl.nu.sial ofola/ion.. It shall',be-unlawful for any person, firm, partnership, or corporation to violate any provision or to ail tocomply with any of the requirements of this chapter. Any person, firm, partnership, oacorporation violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not. exceeding $1,000.00 ane thei18-a d dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this chapter. B. Civil remedies available. A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for abatement of such nuisance. (Code 1980, § 8.30.150; Ord. No. 501, § 1(part), 1992) CHAPTER 8.32. iNSP a CTION GRADING nia+ FOOD ESTABLISHMENTS Sec, 8.32.010. Regulations governing inspection grading of food establishments adopted. Notwithstanding any other provision of this Code, vrdinnizce NA 2920 of the County of SAM -Re -r-. and-i-ne adding Chapter- 14 to Division 3 of Title 3 of the San Bernardino County Code, section Page 269 of 496 33.1401 et seq., as amended, pertaining to inspection grading of food facilities is adopted by reference. (Code 1980, § 8.32.010; Ord.. No. 739, § 2(part), 2005) Sec. 8.32.020. Fees. Notwithstanding any provision contained in the San Bernardino County Code, fees required by any provision of Ordinance No. 3930, including section 2 thereof, or any successor ordinance or provision thereto, shall be as established by the board of supervisors of the County of San Bernardino, unless the city council -4 the eity of u. ink-- e r,,..,.,.,..,..,g has adopted a fee for the same service or activity, in which case each such city -adopted fee shall be the applicable fee. (Code 1980, § 8.32.020; Ord. No. 739, § 2(part), 2005) Sec. 8.32.030. Penalty. A violation of any of the provisions of Ordinance No. 3930 San Bernardino_County Code, section 33.1401 et seq., as amended, adopted by reference in this chapter, shall be a misdemeanor and shall be punishable as provided in chapter 1.12 of title 1 of this the R—n-n -he G'.1eafflo g Municipal Code, (Code 1980, § 8.32.030; Ord. No_ 739, § 2(part), 2005) CHAPTER 8.36. CURB NUMBERhNG,REGULATIONS See. 8.36.010. Permit required. No person shall paint, mark, inscribe, or affix upon any publicly owned or controlled curb, parkway or street any address number without first obtaining a permit therefor from the city engineer. The term "address number," as used -,in this chapter, shall mean the address number assigned to any property regardless of wheher such property, or any use thereof, is residential, commercial, industrial or otherwise. (Code 1980, § 8.36.010; Ord. No. 807;§,1, 21'182009) Sec. 8.36.020. Application<\ Any application for an encroachment permit to paint address numbers on any public curbs shall be signed under penalty~o�,perjury and filed with the city engineer or designee ("city engineer" herein), and shall include the following: A. The name and business address of the applicant. If the applicant is a partnership, the application shall state the name and address of each of the general partners. If the -applicant is a corporation, the application shall state the name and address of the president of the corporation. If the applicant is a joint venture, the application shall state the name and address of each of the joint venturers. B. A description of the area of the city to be serviced within the permit period and the amount of the donation to be requested per address number. C. The names and addresses of each person who will do the painting. D. The names, home addresses and dates of birth of each person who will make door-to-door solicitations or collections of donations for such services. The applicant will also state whether or not any such person is registered or required to register as a sex offender pursuant to Penal Code § 290, or within the previous ten years has been convicted of any felony involving bodily injury to another or theft from any residence. Page 270 of 496 E. A signed agreement to indemnify, defend and hold the city, its elected officials, officers and employees free and harmless with respect to all claims and liabilities arising out of the applicant's activities in connection with or pursuant to the address painting permit. F. A completion bond or cash deposit in the amount of $250.00 to guarantee completion of any of the work in compliance with this chapter. (Code 1980, § 8.36.020; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.030. Decision of the city engineer. A. Upon the filing of an application, the city engineer shall have five business days to determine whether the application is complete. if the application is determined to be incomplete, the city engineer shall, within two business days following such determination, give written notice by mail or personal delivery to the applicant advising that the application is incomplete and stating the information needed to complete the application. B. Upon determination that the application is complete, the city engineer shall conduct an appropriate investigation, including consultation with the police, fire, code enforcement and planning departments and inspection of the premises, as needed. Within 45 fo-y� days after receipt of a completed application, the city engineer shall issue,,the permit unless he or she finds that the applicant has provided false information, or that any person who will make door-to-door solicitations or collections. of donations on behalf o£ the^ai`licant�is registered or required to register as a sex offender pursuant to Penal Code § 290e`or within the previous ten years has been convicted of any felony involving bodily injury to another or theft from any residence. Written e notice of such denial and the reasons therefor shaWb—mailed to the applicant. Any permit issued shall be valid for no longer than 90 ninety days. (Code 1980, § 8.36.030; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.040. Standards. A. All curb house numbers shall be of size, color and style conforming to specifications approved by the city engineer and,ofile ��inL,ti n ineering department of the city. B. Reflective masonry paint shall be used for all numerals and background and shall meet or exceed the curb paint specifications approved by the city engineer and on file in the engineering department of the city. Proof of compliance with this requirement shall be provided to the city engineer prior to commencement compliance painting. r . C. All numerals shall be located on the curb face not more than one inch from the top of the curb. (Code 1980, § 8.36.040; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.050. Service area and permit duration. A -A permit issued pursuant to this chapter shall specify, by street and block numbers, the area of the city to be solicited for the painting of address numbers. The proposed service area shall be approved by the city engineer prior to issuance of the permit. No permit shall be authorized for a service area greater than can reasonably be serviced by the permittee within the period the permit is valid and no more than one permit shall be issued for any one time period for any proposed service area. No permit shall authorize any service area for which an address painting permit has been issued within the previous two years. (Code 1980, § 8.36.050; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.060. Solicitation of donations. A. Prior to painting the address number upon the curb of any property, the person or company providing such service shall provide written notice to the owner, manager, or occupant of Page 271 of 496 the property stating that it is the intention of such person or company to repaint the address number upon the curb of such property. The notice shall be approved in advance and in writing by the city engineer. The notice shall be delivered in person or by mail to the property, not less than three business days prior to the date such address painting will or is proposed to occur. Such notice shall state: 1. The amount of any suggested donation for such service and shall provide a reasonable means by which the owner, manager or occupant of the property may reject such service or payment therefore; 2. That whether or not to accept the service and make a donation, including the amount of any donation, is strictly voluntary and that failing to reject the service does not create any binding obligation for payment; 3. That the person or business providing the notice has a city permit to provide address numbering service, but such service is not sponsored by or affiliated with the city -4 Ranehe Cucamonga; and 4_ The permittee's business address, telephone number and full business name. B. The required notice shall be delivered only during daylight hours and shall be placed at or around the front entrance, and shall not be deposited inany mailbox, on any vehicle or in any yard. � ��• C. All persons delivering notices, soliciting donations and/or painting address numbers pursuant to this chapter shall at all times wear a name tag stating the permittee's business name and address, and the bearer's actual name. D. No address shall be painted nor solicita�ltion therefore shall he made unless such address is set forth in a one-month summary of addressesAto,be.painted and provided to the city engineer at least one week prior to the date such painting is to occur. E. No person shall paint the adddr sh umber or anything else upon the curb of any property, nor solicit any payment or donation from the -owner, manager or other occupant of any property, where the address painting service fosuch_property has been rejected as provided herein. F. No person shall solicit donations for the painting of address numbers in excess of the amount stated in the written notice delivered to the property in accordance with this chapter. In soliciting such donations, no pe son,shall trespass or remain upon any private property after being requested by the owner or an occupant of the premises to depart from the property or after any request for a donation has been denied. After being requested to depart from private property following any such solicitation or after being denied any request for a donation, no person shall threaten, coerce or otherwise intimidate any owner, oranager or other occupant of the property. G. Each permittee shall maintain written records of all donations received and address numbers painted, and all denials or rejections of address painting services, and shall make the same available for review by the city during normal business hours at the permittee's business address, for not less than one year after provision of each of notice of intent to paint the address. (Code 1980, § 8.36.060; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.070. Revocation of permits and appeals. A. Reuocalion notice. The city engineer shall be authorized to revoke any permit for noncompliance with any term, condition or regulation specified in this section or for failure to perform such services within the time period of the permit. Unless immediate suspension pending a hearing is deemed necessary in order to protect the public from a real and immediate risk of harm, then not less than five business days prior to the effective date of any such revocation a notice of revocation containing the reasons therefor shall be provided to the permittee by first class Page 272 of 496 mail or personal delivery to the business address specified in the permit application. Any permittee aggrieved by such revocation may appeal such action to the city manager or designee thereof ("city manager") at any time prior to the effective date of such revocation, by filing a letter of appeal with the city engineer. The letter of appeal must actually be timely received by the city engineer to be effective. B. Appeal. Any timely filed letter of appeal shall contain a concise explanation of the grounds for such appeal. Upon receipt of a timely appeal in compliance with this section, the effective date of any revocation shall be stayed during the appeal process, unless immediate suspension pending a hearing is deemed necessary pursuant to subsection A of this section above. Within ten business days following the date of such timely appeal, the city manager shall hold a hearing at a date and time set forth in a notice given to the permittee by first class mail 01- personal rpersonal delivery not less than three business days prior to the hearing date. Within ten business days following completion of the hearing, the city manager shall issue a written decision and shall provide the same to the permittee by first class mail or by personal delivery. Said decision shall be final and shall become effective upon the earlier of either: 1. {}}The third day following the date of deposit in the U.S. mail, first-class, postage prepaid, to the permittee if the decision is mailed; or 2 {4}The date of personal delivery thereof to the permittee. (Code 1980, § 8.36.070; Ord. No. 807, § 1, 2-18-2009) Sec. 8.36.080. Penalties. Any person violating any provision of this chaptte shall`be'guilty of an infraction. (Code 1980, § 8.36.080; Ord. No. 807, § 1, 2-18-2009) F�� CHAPTER 8.40. SALES OF GOODS OR MERCHANDISE FROM VEHICLES Sec. 8.40.010. Definitions. \\ For purposes of this chapter„the�o lowing words and terms shall have the meanings set forth below: Goods or inerch.andise'��s an&includes items and tangible things and products of every kind and description, including,any food, produce, and/or beverage items. B-lluntan, powered device RhAll means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other .wheeled device or conveyance. 4; -.Operator shall means any person or entity owning a ten percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle. -1 V111 ___s of enforeement of this ehapter-, �ny vielation of law eammitted in eenneetion with vending by a vendop, shall be imputed to A—R-d— deemed- to be a vielatiOn Of the operator- on whose behn-if or faF whose benefit the vendef 4.A.1 -as vending when the violation aeettrl! Person O;Allmeans any natural person, firm, partnership, association, corporation, or other entity of any kind or nature. E -Public property shall means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the city n4 u,,.,,,L„ 0--ite., w,,,ng other than a street, alley, parkway, or sidewalk. Vehicle means a motor vehicle as defined in the Vehicle Code, of the State of Ca4i€erni-a utilized or intended to be utilized for the purpose of vending, and shall not include any human powered device. Page 273 of 496 G Vend or vending shall means the sale or offering for sale of any goods or merchandise to the public from a vehicle on a public street, private street open to the public, or other public property. HVendor s means any operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of an operator, who engages in the act of vending or who drives or otherwise operates any vehicle for the purpose of vending therefrom. (Code 1980, § 8.40.010; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.01.6. Violations attributable to operator. For purposes of enforcement of this chapter, any violation of law committed in connection with vending by a vendor, shall be imputed to and deemed to be a violation of the operator on whose behalf or for whose benefit the vendor was vending when the violation occurred. (Code 1980, § 8.40.010C.; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.020. Conditions and prohibitions. A -.—It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of, or offering for s ae, any goods or merchandise from any vehicle parked, stopped, or standing upon any public treet or private street open to the public, except in accordance with all applicable provision e, all state and federal laws and regulations, and in compliance with each of the foll in reguir ents: 4-A. Such vending shall be only by means of a vehicMICuly registered and licensed by the state of Califen*ia-with an unladen weight of Id's"VINW 6 NPQ wed pounds. 2:13. Each vendor shall possess and at all tirks disp y in conspicuous view upon each vehicle the actual business name and her, and a city business certificate heense issue purs t to title 5 of this Code. 3-.C. Each vendor shall possess d Vwlayfipon request by any potential customer or city representative, an opera s rm'IlVsued pursuant to this chapter, or a full, true and correct copy thereof. (Code 1980, § 8.40.020; Ord. NoRtotain , 2009) Sec. 8.40.030. Operator pe A. Any person desiring an operator's permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an application with the business license division of the finance department. eity ifi~neA d-i-peeter. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the city council. Any such permit shall be valid for orie year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee. Each permit applicant shall furnish the following information and documentation in the application: L. -{o The street address where the office of the business is or will be located; 2.424 The full, true name under which the business will be conducted; 3.43) The full, true name and any other names used by the applicant; 4.444 The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; 1.46� A detailed description of the goods or merchandise which the applicant will vend; Page 274 of 496 The make, body style, year, VIN number, state license plate number, and names and addresses of each registered and legal owner of each vehicle; 7.474 A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant's business that will appear on each vehicle; 8.48) The name, residential address, and telephone number of the individuals primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the operator; a -ad J.-(% Evidence of compliance with the insurance requirements of the Ca'• i=iVehicle Code as to each vehicle; and 31.418) Whether or not any vendor of the operator who vends or may vend any products to minors, if the permit is issued, is required to register pursuant to V-shfi4rais Penal Code § 290 (sex offenders); or has, within the previous five years, been convicted of any crime involving conduct which requires registration under any state, federal or territorial law similar to and including CaUfinmierPenal Code § 290, or conduct which is a violation of the provisions of any state, federal or territorial law similar to and including Penal Code % 266h, 2661, 314, 315, 316, 318, 647(a), ), or (d), 647(c)- or 647(f) where the violation occurred while vending, or has been co,plc ed of any crime where the victim was a minor, or of any crime for which the prosecutor Accepted a plea to violation of California r Penal Code § 415, 602, or any lesser Weluded or related offense, in satisfaction of, or as a substitute for, any of the foregoing crimes, or has been convicted of any crime committed in the course of vending. Inetermining if the applicant pled to a lesser included or related offense or any other offense ih lieu of any of the foregoing code sections or crimes, pursuant to any provision of this section, the chief of police, and any person considering this matter on appeal, may consider the underlying facts resulting in the arrest regardless of the charge for which the applicant was convicted. For the purposes of this chapter, the term "conviction" means and includes a conviction pursuant to a plea of guilty or nolo contendere. Each applicanj shall provide if reau le�to the business license divisiolfiof khe finance de artment ehief ef p 1jee, the applicant's vendors, and the app t e 'oshe will vend, shoM provide a set of fingerprints or be processed by Liv a . or 7#nilar process to obtain fingerprints, in order to verify criminal background ormation provided and two passport photos. B. The finance director shat %e authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time. direeter's investigation eannet be eempleted within the initial 60 day period. The permit will be - granted unless any substantive fact or representation in the application is found to be absent or false, or if any vendor of the applicant or the applicant acting as a vendor is required to register pursuant to Cali enal Code § 290 or has been convicted within the previous five years of any of the offenses listed in section 8.40.030A.10, or there is substantial evidence present indicating that granting of the permit would likely present a realistic threat to the public health or safety. Any applicant denied a permit will be given written notice of the denial. Such notice shall be given in the manner specified in section 8.40.040. Any applicant denied a permit may appeal the denial by filing a written appeal with the city manager, or his or her designee, within ten business days of the date of the notice of denial. If a timely appeal is filed, the applicant shall be given notice of a hearing to be held before the city manager, or his or her designee, within 30 thiFty days of the date of said notice. Following such hearing, the city manager, or designee, may reverse, modify or affirm the decision of the finance director to deny the application. The city manager shall Page 275 of 446 render a decision within a reasonable period not to exceed 60 W days of the conclusion of the hearing_The decision of the city manager or his or her designee shall be final. C. Each permittee shall notify the finance director, in writing, within ten business days of any change in the required application information. (Code 1980, § 8.40.030; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.040. Suspension and revocation of permit. A.. Any operator's permit may be temporarily suspended or revoked by the finance director for any of the following reasons: x-04 Provision of false information on the permit application. g,,{* Failure of the permittee to notify the finance director within ten business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit. 3.43) There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee's behaX f this chapter or any other loc4 state, or federal law constituting a misdemeanor or felony while in the course of conlruicibng vending operations pursuant to the permit. ,q 1.-(4) While in the course of vending, drivin a ehir iy a vendor not possessing a valid driver's license, or operation of a,% le d ly police inspection to be unsafe and in violation of the On I i&paia-Vehicle Co . 5.{5} The permittee no longer satisfies a aper or permit approval criteria set forth in section 8.40.030B. 6.7� Vending in any way or manner, of any goods or product, so as to cause an identifiable risk of harm to the pu c. B. Written notice of suspe on or revocation, setting forth the grounds for suspension or revocation, shall be serve4nheard The notice shall advise the permittee of the right to file a written appat a hearing, provided such appeal is filed with the city manager his rin ten business days of the date of the notice. Upon receipt of a timely appeal, the pe11 be given notice of a hearing to be held before the city manager, or his or her dein 30 days of the date of said notice. The city manager, or his or her designee, may reverse, modify or affirm the decision of the finance director. Unless immediate suspension is necessary to prevent a significant and immediate risk to the public health and safety, a suspension or revocation shall be stayed until expiration of the appeal period or the decision on the appeal. The city manager or his or her designee shall render a decision within a reasonable period not to exceed thkrW 60 si -days of the conclusion of the hearing. The decision of the city manager or his or her designee shall be final. C. No person whose permit is revoked shall be eligible to apply for an new permit for a period of one year following such revocation. D.. Notices required or permitted to be served pursuant to sections 8.40.030 or 8.40.040 may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law. (Code 1980, § 8.40.040; Ord. No. 808, § 1, 2-18-2009) Page 276 of 496 Sec. 8.40.050. Sound from vehicles. Any use of amplified sound -making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the city. (Code 1980, § 8.40.050; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.060. Prohibited sales. It is unlawful for any vendor or operator to sell any item or thing which is otherwise prohibited from being sold within the city, including, but not limited to, firewerks andle any goods or products not identified in the application for an operator's permit. (Code 1980, § 8.40.060; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.070. Health permit. Each vendor and operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the San Befffiardifig agunty health department is required by law shall possess and at all times display such required permits in conspicuous view upon such vehicle. (Code 1980, § 8.40.070; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.080. Restricted locations. A. Vending is permitted only on public streets or ri,v to s reefs open to the public, and is not permitted in or upon any alley, parkway, sidewMk,,V other. kind of public property. B. No vending from such vehicle shall be Lermitt4l within 60 e4434eet of any intersection of two or more streets or within 1.000 a eet any public or private elementary, junior high, or high school. C. No vending from such vehicle s&ll be pArmitted at any public park unless the vending occurs as part of a city -sponsored ftuict_ioii mid the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending. D. For purposes of vepdinI&witb4g any park, this endorsement shall serve as the permit written authorization requireNe suan to subseetian Q, of 12.04.010Q of this the Code. dor denied an endorsement may appeal such denial pursuant to ection 8.4.this ehapter. (Code 1980, § 8.40.080; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.090. Trash. A." Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom. B. Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 25 *T•��feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. (Code 1980, § 8.40.090; Ord. No. 808, § 1, 2-18-2009) Page 277 of 496 Sec. 8.40.100. Conditions and duration of stops. A. No vending shall be permitted for a period of time in excess of ten minutes in any one location. Such vehicle must be moved a distance of not less than 100 ene e,..ndrea feet between consecutive stops where vending occurs. B. No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. C. No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb. (Code 1980, § 8.40.100; Ord. No. 808, § 1, 2-18-2009) Sec. 8.40.110. Hours of operation. Vending is permitted only between the hours of 8:00 a.m. and 6:00 p.m. of any day. (Code 1980, § 8.40.110; Ord. No. 808, § 1, 2.18-2009) Sec. 8.40.120. Exemptions. The requirements of this chapter shall not apply to: A. Any. person delivering any goods or merchandise—by—vehicle where such goods or merchandise have been ordered in advance foto uch delivve�ry from any business located at a permanent location. B. Any Person vending where such person has beauthorized to engage in such activity by A ,\ Ir a permit, lease, real property license, agreement, or other entitlement issued by the city, state or federal government for such -purpose. y C. Any person exempted from the provisions of this chapter by any local, state or federal law, regulation or statute. �� (Code 1980, § 8.40.1'20, Ord. No. 808, § 1, 2,18-2009) CHAPTER 8.42. MAINTENANCE'OF FORECLOSED AND ABANDONED RESIDENTIAL, COMIVIERCIAL'AND INDUSTRIAL PROPERTIES Sec. 8.42.010. Findings, purpose and intent. The city council finds, determines and declares that: A. The presence of vacant or abandoned residential, commercial or industrial properties can lead to neighborhood decline. B, The presence of vacant or abandoned residential, commercial or industrial properties can create an attractive public nuisance. C. The presence of vacant or abandoned residential, commercial or industrial properties can contribute to lower property values. D. The presence of vacant or abandoned residential, commercial or industrial properties can discourage potential buyers from purchasing property adjacent to or in neighborhoods with such vacant, abandoned properties. E. In many instances, the lenders and trustees in foreclosures fail to adequately maintain and secure these vacant residential, commercial or industrial properties. F. It is the purpose and intent of the city council in enacting this chapter, to protect the public health, safety and welfare of the city and its citizens by protecting its residential, Page 278 of 496 commercial and industrial neighborhoods from decline and depreciation, and preventing unsafe conditions. G. It is the further purpose and intent of the city council in enacting this chapter, to establish a registration program for properties that are vacant or abandoned, due to foreclosure or otherwise, as a mechanism to protect neighborhoods from becoming blighted due to the lack of adequate maintenance and security of abandoned properties. (Code 1980, § 8.42.010; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.020. Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: Abandoned means a condition in which a property is vacant or distressed. Accessible means capable of being accessed through a compromised or insecure gate, fence, wall, or entrance, or unsecured or capable of being breached so as to allow access to the interior space of a structure by unauthorized persons. Agreement, means any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange of said property. Assignment of rents means an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another. Beneficiary means a lender art of a note secure�'\b\�y�a�d'e�ed of trust. f y party �ll Buyer means any person or entity who agrees to transfer anything of value in consideration for property described in an agreement for,,sa elel of sa d_property. Days means consecutive calendar Deed of trust means an instrument)by`which"title to real estate is transferred to a third party trustee as security for a real estate loan. -In the state of California, the term "deed of trust" is used instead of the term "mortgage -"-This definition applies to any and all subsequent deeds of trust (i -e., 2nd trust deed; 3rd trust deed, etc.).Y Deed in. lieuof forecloslu�r sale means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. Default means the failure to fulfill a contractual obligation, monetary or conditional. Distressed means a condition in which a property: A. Is in receipt of a current notice of default or notice of trustee's sale; B. Is the subject of a pending tax assessor's lien sale; C. Is the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or D. Is transferred under a deed in lieu of foreclosure or sale. Evidence of uacan.cy means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, conditions violating property maintenance standards set forth in this Code, any unsecured entrances, broken windows, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or Page 279 of 496 shutters, the absence of furnishings or personal items at a residence, consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees, utility employees, or others who regularly observe the property, that the property is vacant. Foreclosure means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor defaults. Landscape maintenance requirentents means any and all landscape requirements and standards applicable to the property pursuant to this the Raheh^ Cueamenga Alunie=l Code. -�n Addition to aeceptable types of live ak-r- lawn grass landseaping autharizM by said Codee!7, an—H ivith- the prier written approval of the eity planning direetar, any person or entity respEmsi f,qr- Miqintnining property puiastiant to this ehapteF may utilize -n HA -R taKie, biodegradable, gra simulate lawn gr -ass, whieh shall be applied to e*isting dead gFass E)p etlier plant Matefial by a professional contraetar having afty and all permits and lie-..--- .-,,-..ed by law to per -form s, sefrviee. -Sue-h- author-ize4 gr-een spray paint E)r- other substaftee may be used fer a elf sim menths fFeEn the date of first applieation, unless the property Femains unoeeupied and a wri The -authorized gree it or- othef sUbstanee sh 11,�e applied during the initial six intensity. Local means within 80 eighty of the subject-4roperllty—�. Notice of default means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. Ont of area means in excess of 80 eighty-milds'of the ubject property. Owner means any person or entity having a; legal or equitable title or any interest in any property. ]! Owner of record means the peron} scurrently having record title to the property at the county recorder's office-` Property means any real,p Dr perty; or portion thereof, upon which any structure is located, situated in the city, design4 orypermitted to be used for residential, commercial or industrial purposes, and shall include all buildings and structures located on such property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned as such. Securing means such measures as may be directed by the building official or his or her designee that render the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings. Trustee means the person, firm or corporation holding a deed of trust on a property. Trustor means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. Vacant means a condition of property in which any building or structure thereon is not legally occupied. (Code 1980, § 8.42.020; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.030. Recordation of transfer of loan or deed of trust; assignment of rents. Within 30 days of the purchase or transfer of a loan or deed of trust secured by property located in the city of Ranehe r'ueamong , the new beneficiary or trustee shall record, with the S&H Page 280 of 496 ounty recorder's office, an assignment of rents, or similar document, that lists the name of the corporation or individual, the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust. (Code 1980, § 8.42.030; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.040. Registration. A. Upon default by the trustor, any beneficiary or trustee who holds a deed of trust on a property located within the city of Ranehe C,•,,.,,..,,..,,,.,, shall perform an inspection of the property that is the security for the deed of trust, prior to recording a notice of default with the Sil-ft tee—county recorder's office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary or trustee shall, within 30 thirty days of the inspection, register the property with the building official or his or her designee on forms provided by the'city. B. The registration form shall contain the name of the beneficiary or trustee, whether a corporation or an individual, the direct street or office mailing address of the beneficiary or trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary or trustee, and, in the case of a corporation or out -of -area beneficiary or trustee, the local property management company responsible for the security, maintenance and marketing of the property. C. A registration shall be valid for one year from the date-the� registration form is received by the city. Subsequent registrations are due annually` asrlong as,flie property is abandoned. D. This chapter shall also apply to propertie`tha\ ov been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of7trust involved in the foreclosure or transferred under a deed in lieu of foreclosure or saale. y E. Property shall be subject to this--cha`ptera requirements as long as any such property remains vacant. F. Any person, firm or corporation that has registered a property under this chapter must report, in writing, any change of information contained in the registration within 30 thirty days of the change to the building. official_ (Code 1980, § 8.42.040; Ord. No.'810,"§ 1, 3=18"2009) r Sec. 8.42.050. Maintenance r irements. �� A. All vacant properties within the city shall be kept free of weeds, dry brush, dead vegetation, trash,, junk, debris, building materials,. any accumulation of papers or documents, except those required by federal, state or local law, and discarded personal property, including, but not limited to, furniture, equipment, machinery, inoperable vehicles, clothing, appliances, printed materials or any other• items that contribute to the appearance that the property is abandoned or that constitute evidence of vacancy. B. All vacant properties shall be maintained free of graffiti, tagging or similar markings by removing or painting over the graffiti with an exterior grade paint that matches the color of the exterior of the structure. C. Visible front and side yards and setback areas shall be landscaped and maintained according to the standards and landscape .maintenance requirements set forth in this �-r,�e r,.,,..,.y,enga ne.,.,ieipa Code and applicable land use approvals for the property. Maintenance required for visible front and side yards and setback areas also includes, but is not limited to, regular watering, cutting, pruning and mowing of landscape and removal of all yard trimmings. Page 281 of 496 D. Pools and spas shall be secured in a safe and lawful condition with approved fences and devices as required by the city's building code. Pools and spas shall be drained and kept dry or kept in working order so that the water remains clear and free of pollutants and debris. E. All properties within the city shall be maintained in such a manner so as not to constitute a public nuisance as described and prohibited in sections 8.23.050 or ef°8.23.060. Fie W14 F. Nothing in this chapter shall be deemed to excuse any violation of any other provision of this Code pertaining to maintenance or security of property or structures. G. In addition to acceptable types of live or artificial lawn grass landscaping authorized by said this Code. and with the prior written approval of the c& planning director, any person or entity responsible for maintaining_ property pursuant to this chapter may utilize a non-toxic. biodegradable, grass -colored green spray paint or substance specifically _ designed and manufactured to be used to simulate lawn crass, which shall be applied to existing dead grass or other plant material by aprofessional contractor having any and all permits and licenses required by law to perform such service. Such authorizedre�en spray paint or other substance may be used for a maximum of six months from the date of first application, unless the property remains and color intensity. (Code 1980, §§ 8.42.020(d), 8.42.050; ©rd. No. 810, § 1, Sec. 5.42.060. Security requirements. A. All vacant and abandoned propertie8% such a manner so as not to be accessible una is not limited to, the closure and locking wii size that it may allow a child to acc h. and, when necessary, the replace, t re-gla2 in thdF city shall be maintained and secured in a�ied persons. Sufficient security includes, but is, doors, gates and any other opening of such of the property, its buildings or its structures, of windows. B. If the property is bNor orporation or out -of -area beneficiary, trustee or owner, such out -of -area beneficia s eper shall hire a local property management company or other responsible person to mo r the property for compliance with this chapter. C. The property shall be p ted with the name and 24-hour contact phone number of the local property management company or other responsible person in a manner sufficient to allow an individual to contact and notify the local property management company or other responsible person of any problems or concerns regarding the property. The posting shall be placed on the interior of a first floor window facing the street so that it is visible from the strelat, or secured to the exterior of the building or structure facing the street to the front of the property so that it is visible from the street, or otherwise as directed by the building official or designee. (Code 1980, § 8.42.060; Ord. No. 810, § 1, 3-18-2009) Sea 8.42.070. Additional authority. In addition to the enforcement remedies established in this Code or otherwise by law, the building official or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this chapter to implement additional maintenance or security measures, including, but not limited to, securing any and all doors, gates, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, or other measures as may be reasonably required to prevent the decline of the condition or appearance of the property. Page 282 of 496 (Code 1980, § 8.42.070; Ord. No. 810, § 1, 3-18-2009) Sec. 8.42.080. Enforcement. A- The city manager or his or her designee, including, but not limited to, police officers, code enforcement officers, or other enforcement officials shall have the authority to enforce the provisions of this chapter. B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in chapter 1.12 of this the RA-me);v—Cueameng-a l ieipal Code. C. Any person who violates any provision of this chapter shall be subject to the enforcement remedies set forth in chapter 1.12 of this the u,,.,,.hA- r.,,..,,,,eng Munieipal Code. D. Nothing in this chapter shall be intended to limit any of the civil, administrative or criminal remedies available to the city, nor shall it be intended to limit the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. (Code 1980, § 8.42.080; Ord. No. 810, § 1, 3-18-2009) CHAPTER 8.44. PARADES AND ASSEMBLIES* *State law reference 'Authority to temporarily close a potion of street, Vehicle Code § 21101(e); persons riding in back of truck in a parade, Vehicle Code § 231 16(f);Rsound:amplification devices in parades, Vehicle Code § 27007; permit for vehicular floats or displays in lawful parade, Vehicle Code § 4003(b). Sec. 8.44.010. Permit required. No person shall engage in, conduct, or carrnonthe activity of a parade or assembly upon a public street or any other public place that does -not comply with normal and usual traffic regulations and controls and inhibits the usual flow of vehicular or pedestrian traffic without a permit issued. The permit may authorize thCuse of sound amplifying equipment in conjunction with a parade or assembly without -an additional'permit issued. 14-- -. (Code 1980, § 8.44.010; Ord. No. 8.19„§ L, 8-17=2011; Ord. No. 851, § 1(8.44.010), 11-16-2011) Sec. 8.44.020. Definitions. The following words ter msand phrases, when used in this _chapter, shall have the meanines ascribed to them in this section, except where the context clearly indicates a different meaning: Assembly means any meeting, demonstration, picket line, rally, gathering, or group of 100 or more persons having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a "parade,” as defined in this section. Parade means any march, demonstration, procession, motorcade, or promenade consisting of persons having a common purpose, design, or goal, upon any public place, which march, demonstration, procession, motorcade, or promenade does not comply with normal and usual traffic regulations or control. (Code 1980, § 8.44.020; Ord. No. 849, § 1, 8-17-2011; Ord, No. 851, § 1(8.44.020), 11-16-2011) Sec. 8.44.030. Exemptions. A. The following types of events are exempt from the permit application provisions of this chapter shall not app y: 1. Funeral processions. Page 283 of 496 2. Spontaneous parades or assemblies occasioned by news or affairs coming into public knowledge within three days of such parade or assembly, provided that the organizers thereof give written notice to the city at least 24 twenty prior to such parade or assembly. Such written notice shall contain all of the following information: a. The name, address and telephone number of the per -sen - or persons seeping to conduct the parade or assembly, who shall be considered a permittee for the purposes of this chapter; b. The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed to be conducted; C. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct; d. The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled; e. A good faith estimate of the approximate number of persons who will be participating in the parade or assembly; f. A good faith estimate of the approximate number -of -persons who will be observing the parade or assembly, if known; g. The time at which the parade or assembl411�18tart and conclude; h. The type of security or other arrangements- `that will be provided to ensure that participants are properly directed; and Y i. A statement to be signed by ,,,the,permittee that he or she will hold harmless and indemnify the city, _4 -R—Anehe P� ~ its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly �. B. The city manager or the city manager's designee shall deny permission of a spontaneous parade or assembly by making a finding pursuant to subsection ^ of section 8.44.050A within 18 igliteen hours after submiss bn of the notice pursuant to sitb ., etie: ".`' „r section 8.44.030A_2, if such a finding cannot be made, the permit shall be automatically approved. C. if permission is denied, the city manager or city manager's designee shall immediately provide notice of the denial, including the relevant finding pursuant to subseetion ^ of section 8.44.050A in all of the following manners: 1. By telephone to the permittee; 2. By written notice to the permittee; and 3. If the permittee provides a fax number, by fax. (Code 1980, § 8.44.030; Ord. No. 849, § 1, 8-17.2011; Ord_ No. 851, § 1(8.14.0:30), 11-16-2011) See. 8.44.040. Application for permit. A. A person seeking issuance of a permit pursuant to this chapter shall file an application with the city manager or the city manager's designee on forms supplied by the city. B. The application shall be filed with the city manager or the city manager's designee in accordance with the following time limitations: 1. Not less than four days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of the following streets in the city of R.,nehe C..,..,m„enga: Page 284 of 496 Fourth St., Arrow Rt., Foothill Blvd., Church St., Base Line Rd., 19th St., Carnelian St., Archibald Ave., Hermosa Ave., Haven Ave., Milliken Ave., Day Creek Blvd., Etiwanda Ave.; 2. Not less than four days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along the roadway portion (other than within crosswalks) of any other street in a commercial zone within the city; of 3. Not less than three days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in a residential zone, or outside of the roadway in a commercial zone, but within the sidewalk or any other portion of the public right-of-way; or 4. Not less than two days prior to the date of the parade or assembly if the parade or assembly is proposed to take place in whole or in part on, in or along any park or other publicly owned traditional public forum in the city of Ranehe Cueamonga not governed by subsections B.1 through B.3 of this section. C. The application shall include, but shall not be limited to, the following information: 1. The name, address and telephone number of the person or --persons seeking to conduct the parade or assembly, who is the. permittee for the,puipo ses ofythis chapter; 2. The name, address and telephone number of,tlie headquarters of the organization, if any, and of the organizer or responsible head of such organization, by whom or on whose behalf the parade or assembly is proposed to be conducted; 3. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible -for its conduct; 4. The location and date of the proposed parade or assembly, including the assembly area, disbanding area, and the route to.be t��eled; 5. An estimate of the approxima te_un mber of persons who will be participating in the parade or assembly; �-\� 6. An estimate of the approximate number of persons who will be observing the parade or assembly; \ i. The time when the parade or assembly will start and conclude; 8. The type of security or other arrangements that will be provided to ensure that participants are properly directed; 9. The minimum and maximum speeds that the parade is to travel, if applicable; 10. The maximum number of platoons or units, if any, in the parade or assembly, and the maximum and minimum interval of space to be maintained between the units of such parade or assembly; 11. The maximum length of such parade or assembly in miles or fractions thereof; 12. The number and type of vehicles in the parade or assembly, if any; 13. Whether any of the participants in the parade or assembly will be wearing any type of mask or other face covering; 14. A statement to be signed by the permittee that he or she will hold harmless and indemnify the city of Rane e r'••e• merig , its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly for which the permit is sought; and Page 285 of 496 15. Written permission from a private property owner's for his or her property to be used for the purpose of parade or assembly set up or dispersal, if applicable. D. Within 24 t•••^ r- hours of the submission of the application, the city manager or the city manager's designee must notify the applicant, in writing, whether the application is complete. If no such notice is given within 24 twenty r ui- hours after submission, the application will be deemed to be complete. (Code 1980, § 8.44.040; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.040), 11-16.2011) Sec. 8.44.050. General criteria for issuance or denial of permission or a permit. A. The city manager or city manager's designee shall issue a permit if an application is submitted as required by section 8.44.040, or shall grant permission for a noticed parade pursuant to SitbSeetiE) section 8.44,030B, unless there is a finding of any of the following: 1. False information. The information contained in the notice or application is intentionally misleading or false; 2. Simultaneous events. The parade or assembly is proposed to take place in the roadway portion of any street in a commercial zone between the hours of 8:00 a.m. and 10:00 a.m. or between the hours of 4:00 p.m. and 6.30 p.m., Monday through Friday, unless the parade or assembly will occur on a national holiday; 3. Traffic and pedestrian safety conflicts. a. The parade or assembly is proposed for a time and location for which another parade or assembly permit has been previously' si sued;y b. The parade or assembly will requirethe sim1 iltaneous closure of the roadway portion of more than two streets th at=run` in a,ge erally north and south direction between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, or between the hours of 10:00 a.m. and 6:00 p.m. on Saturday, unless the parade or assembly will occur on a national holiday; o 1 C. The parade or assembly willl-require the simultaneous closure of the roadway portion of more than two streets„that run generally in an east and west direction between the hours of 7'.00,a m. aril 8:00 p.m., Monday through Friday, or between the hours of 10:00 a.m. and'6:00 p.m. on Saturday, unless the parade or assembly will occur on a national holiday; d. The parade or assembly, by itself or in combination with other parades or assemblies, will require closure of the roadway portion of any street in a commercial zone for more than three hours in any one day between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday; e. The proposed route or location of the parade or assembly traverses a street or other public right-of-way that was scheduled for maintenance, construction or repair prior to the application for that parade or assembly permit, and the conduct of the parade or assembly would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the parade or assembly; 4. The proposed area for the assembly or for the set up or dispersal of a parade could not physically accommodate the number of participants expected to participate in the parade or assembly, as reflected in the application completed submitted pursuant to s. ” G -4 -section 8.44.040C; or Page 286 of 496 5. The parade or assembly would result in a violation of any federal, state or local law or regulation. B. If the city manager or the city manager's designee makes a finding pursuant to subsection A of this section, he or she shall deny permission or a permit to conduct the parade or assembly. C. As a condition of the issuance of a permit under the provisions of this chapter, the city manager or the city manager's designee may require that the parade or assembly be limited to a portion of the width of the street or right-of-way upon which the applicant seeks to conduct the parade or assembly, provided that such limitation does not limit or interfere with the conduct of the parade or assembly or cause the parade or assembly to violate any other provision of this chapter or any other federal, state or local law or regulation. (Code 1980, § 8.44.050; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.050), 11-16-2011) See. 8.44.060. Nondiscrimination. The official designated by the city to act on permit applications shall uniformly consider each application upon its merits, shall not discriminate in granting or denying applications, and shall not deny any permit based upon a subject matter or viewpoint expressed in the parade or assembly. (Code 1980, § 8.44.060; Ord. No. 849, § 1, 8-17-2011) Sec. 8.44.070. Notice of issuance or denial of permit. \t� A. The city manager or the city manager's d signee shall approve or deny the permit application within the following time limitations and shallYotify in writing the applicant of the action taken: 1. If the permit is sought under the provisions of subsection 8.44.040B. I or B.2, within two 11 days after submission of the application; or 2. If the permit is sought under the provisions of s*hsection 8.44.040B.3 or B.4, within 24 twenty rhours after submission -of the application. -1 X\, B. If the permit is denied, the notice of denial shall set forth the findings for denial pursuant to subseetion ^ r section 8.44`050A. (Code 1980, § 8.44.070; Ord, No. 84§;1, 8-17-2011) Sec. 8.44.080. Interference with parade or assembly. No person shall knowingly: A. Join or participate in any parade or -assembly conducted under permit from the city in violation of any of the terms of said permit; or B. In any manner, interfere with the progress or orderly conduct of a permitted parade or assembly. (Code 1980, § 8.4.1-080; Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, § 1(8.44.080), 11.16-2011) Sec. 8.44.090. Prohibitions. A. The following prohibitions shall apply to all demonstrations, rallies, picket lines, parades and assemblies: LA-. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven any animal or any animal drawn vehicle upon any public street, unless specifically authorized by a permit. Page 287 of 496 2.14: It shall be unlawful for any person to carry or possess any projectile launcher or other device which is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material or other substance. 3.G It shall be unlawful for any person to carry, possess or wear any gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against irritating, noxious or poisonous gases_ 4.D-. It shall be unlawful for any person to fail to abide by the instructions of a traffic control officer given for the purpose of accommodating traffic, including emergency vehicles, through and across a parade, demonstration, rally, picket line or assembly. 5_F,. It shall be unlawful for any person to ignite and/or burn any open flame device, bonfire, recreational fire, cooking fire, warming fire, sign; flag or effigy without first obtaining a permit from the fire district. An open flame device includes, but is not limited to, a candle, portable or stationary torch, road flare or fuse, fuel fired lantern, signal flare or sky lantern but not a candle smaller than 12 inches in height. B. Nothing in this section shall prohibit a disabled person from carrying a cane, walker, or similar device necessary for providing mobility so that the person may participate in a demonstration, rally, picket line, parade or assembly. Code 1980 § 8.44.090 Ord. No. 849, § 1, 8-17-2011; Ord. No. 851, ,1(8. 44 090), 11-16-2011) Sec. 8.44.100. Content of permit. A. The city manager or city manager's designee'shall,state in the parade or assembly permit all of the required information provided in the approved application pursuant to subseetion section 8.44.040C. The parade or assembly permdt shall also state any condition imposed pursuant to section 8.44.050C.� B. The chairperson of the parade la�ssembly, as designated in the application, shall at all times during the parade or assembly, -including du'ring assembly and dispersal, keep and maintain a copy of the permit upon his or her person. C. The permittee shall adviseall participants in the parade or assembly of the terms and conditions of the permit prior to the commencement of the parade or assembly. (Code 1980, § 8.44.100; Ord. No. 849.,,,,§ 1, 8-17-2011) Sec. 8.44.110. City's costs to be paid by person or organization responsible for parade or assembly. A permittee under the provisions of this chapter shall reimburse the city for all traffic control . costs incurred in connection with diverting traffic due to the closure of streets. These costs shall be established by the city council by resolution. No fee shall be charged based upon the need for security or increased police protection due to the nature of the parade or assembly. (Code 1980, § 8.44.110; Ord. No. 849, § 1, 8-17-2011) Sec. 8.44.120. Violation. Any violation by the permittee or any participant in a parade or assembly of the terms or conditions of a parade or assembly permit issued pursuant to this chapter or of a parade or assembly notice pursuant to section 8.44.030 is a misdemeanor. (Code 1980, § 8.44.120; Ord. No. 849, § 1, 8-17-2011) Sec. 8.44.130. Judicial review. Any permittee may seek judicial review of any decision made pursuant to this chapter. (Code 1980, § 8.44.130; Ord. No. 849, § 1, 8-17-2011) Page 288 of 496 CHAPTER 8.46. ABATEMENT OF WEEDS AND CERTAIN OTHER FIRE HAZARDS* *State law reference—Abatement of nuisances, Government Code § 38771 et seq.; authority to adopt an ordinance for the abatement of nuisances, Government Code §§ 39501, 39502; alternate procedures for abatement of nuisances, Government Code §§ 39560, 39561; abatement of noxious weeds and fire hazard weeds, Government Code § 39561.5 et seq.; abatement of hazardous weeds and rubbish, Health and Safety Code § 14875 et seq. Sec. 8.46.010. Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning set forth in this section. The word -�'r"is-A-1-waysf=a-ndntey andHE) merely ,r. et A "City" f keans the City of cane a Gueamangs B-Connbitsti.ble uegetat.ion. means: A.4- Tumbleweeds (Russian Thistle). B_2- Dead trees, either standing or downed. C.,i-. Dead limbs, plant material, and debris of plants and trees. D.4 Dry grasses over four inches in height. E.5-. Dry invasive or noxious weeds. F.€r. Chaparral. G.Fire chief rneans the chief of the Rancho C�monga-,Fire Protection District or his/her designee. 4 -.Fire district means the Rancho Cucamonga Fire,Protection District. F -Fire hazard means: A.4- Combustible vegetation. B.-2, Limbs and undergrowthup~ ', o'§ix-feet off the ground in Eucalyptus windrows. C.�3-. Chaparral within 50fgbS�- eet,of any structure or within 30 Meet of any public or private road and/or tility and)flood control access roads. DA, Any unenclosed pile of yard clippings, leaves, or tree trimmings placed on the ground and deemed by the fire chief to be a fire hazard. E.5 Any other condition of property involving vegetation, plant, or tree material defined or described in the CalifaFniR state fire code, as adopted and amended by the city, as a fire hazard. F -Owner means, collectively and individually, any fee owner, tenant, or person or entity in lawful control of, or any other person or entity having or owning a possessory interest in, private real property. '-rh-e ;;,A-pd-SlLall is always mandatory and not merely directory. (Code 1980, § 8.46.010; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.020. Duty to abate fire hazards. Every owner of private real property within the boundaries of the city of Rn..,,h,, Cueamengft shall abate all fire hazards from such property, including sidewalks, parkways, trails, and easements on such property unless the easement is under the sole control of another person or entity, as determined by the fire chief. All such fire hazards are declared to be a public nuisance as to which the costs of abatement, as more fully described herein, may be specially assessed as Page 289 of 496 provided in Health and Safety Code §§ 14902 and 14912 et seq., or otherwise as provided by law. The procedures for abatement of fire hazards set forth herein are not exclusive, but are in addition to any and all other procedures set forth in this Code for the abatement of nuisances and fire hazards. (Code 1980, § 8.46-020; Ord. No. 832, § 2, 8-18-2010) State law reference—Collection of expenses to abate the fire hazard, Health and Safety Code § 14915 et seq. Sec. 8.46.030. Notice to abate. A. The city council hereby authorizes the fire chief, whenever he or she deems necessary, to enforce the provisions of this chapter and to issue a notice to abate fire hazard by posting the property or serving the notice by any or all of the following methods: L By mailing a notice to the fee owner at the address shown on the latest tax roll and to the affected property if a mailing address is available. Note: The notice must be served by certified mail before a special assessment may be imposed against the property. 2. By personally serving the fee owner of the property shown on the latest tax roll. Written notice shall be mailed by first class mail to, or personally served upon, any tenant or 11 person, other than the fee owner, actually occupying the property: -The failure of the fee owner to actually receive such notice shall not affect the power ofthe fire district to proceed as provided in this part, nor shall it invalidate the assessment against�the subject -property. B. The notice to abate fire hazard shall include; at. a minimum, the following information: 1. Description of fire hazards. 2. List of locations, and parcel numbefs of•affected property. 3. Due date by which abatement must be completed. 4. Appeal rights. 5. Fee owner's name and address -(assessor parcel and/or site address). (Code 1980, § 8.46.030; Ord. No..83� § 2, 8-18 2010) Sec. 8.46.040. Means of abatement. A. Fire hazards shall be abated by removal and/or elimination of the fire hazards. B. Abatement for undeveloped parcels where the combustible vegetation is more than 50 fifty -percent chaparral can be accomplished by the removal of all vegetation that is within 50 frfty feet of any structure, including structures op adjacent parcels; removal of all vegetation to a distance of 30 tarty feet from property lines and adjacent roads; removal of all dead and dying tree and plant material and noxious weeds; and maintaining grasses to a maximum height of four inches. C. In the case of any parcel or contiguous parcels under the same ownership upon which exist over ten continuous acres of chaparral vegetation constituting a fire hazard, the duty to abate fire hazards may be satisfied if there is cleared, and maintained cleared, a 100 -foot wide strip of land at the boundaries of such land, and through such land so that there shall not be any portion of the land larger than five acres which is not enclosed by such strip or strips. The 100 -foot wide strip required herein shall be in compliance provided vegetation thereon is reduced to 50 €rf-Y percent of the naturally occurring density. When the parcel or contiguous parcels are adjacent to a road, removal of all vegetation to a distance of 30 thirty feet from the edge of the road is required. (Code 1980, § 8.46.040; Ord. No_ 832, § 2, 8-18-2010) Page 290 of 496 Sec. 8.46.050. Immediate hazard. A. When, in the opinion of the fire chief, an extreme fire hazard exists which constitutes an immediate threat to public health, safety, and welfare, and it is deemed necessary by the fire chief to abate such hazard as promptly as possible, said fire hazard shall be removed or abated within 72 hours of the posting of the notice to abate on the affected parcel or within 72 seventy E..,,, hours of receiving by mail the notice to abate. B. Nothing herein shall authorize the entry upon private property not otherwise open to the public, without the owner's consent or possession of an abatement or inspection warrant unless the fire chief determines that there is an immediate and eminent threat of injury or death to any person if immediate action is not taken. (Code 1980, § 8.46.050; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.060. Enforcement. A. If, at the end of the time allowed for compliance in the original notice to abate a fire hazard, or as extended in cases of appeal or the granting of a ten-day extension, compliance has not been accomplished, the fire chief may enter upon the property and abate any fire hazards found thereon. In the event an appeal has been filed by the owner and denied by the hearing officer, the fire chief may then enter upon the property and abate any fire hazards found thereon in accordance with this chapter. Noncompliance requiring re i spection shall result in the assessment of an inspection fee in such amount as established by_alesolution of the fire district. Nothing herein shall authorize the entry upon private property not otherwise open to the public, without the owner's consent or possession of an 'abatemen",or• inspection warrant unless the fire chief determines that there is an immediate and eminent threat of injury or death to any person if immediate action is not taken. B.A-.A ten-day extension for complian<ce�_,maybe sent when the fire chief has determined that the owner has completed greater than 51I\-- rrE�percent of the abatement. In such event, a ten- day extension for compliance shall be, -.mailed -to _the owner and shall include a revised due date for compliance. (_ C.�Abatement of the firelhazards may, at the discretion of the fire chief, be performed by contract awarded to the lowest resp nsive bidder following competitive bidding by the city or district, as required by the publ`c contract code and/or city or district purchasing ordinance. The contractor shall keep and submit)ah itemized written report for each separate parcel of land as described in Government Code § 39574. (Code 1980, § 8.46.060; Ord. No. 832, § 2, 8-18-2010) Sec. 8.46.070. Payrpent for inspections and abatement of fire hazard. A. When abatement is completed by a private contractor, the fire chief shall present to the owner a demand for payment by mailing a statement to the owner that includes the actual cost of the abatement plus administrative and inspection fees as established by resolution of the fire district. B. If payment is not received within 30 thirty days after mailing the statement, the fire chief shall certify to the county assessor the amount remaining unpaid, together with the information required by law in such cases. The county assessor shall cause the amount of the same to be entered upon the tax roll for the property on which abatement was performed, and the same shall be a special assessment which shall be included in the next property tax statement. Thereafter, the amount of the assessment shall be collected at the same time and in the same manner as property taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes. Page 291 of 496 C. In addition to entering the unpaid amount on the property tax roll for the property, the fire district is authorized to place a lien on the property to ensure reimbursement of abatement costs in the event the property is transferred or conveyed to a bona fide purchaser for value prior to the date on which the first installment of such taxes would be due. D. All or any portion of any such assessment or cost heretofore entered shall, on order of the hearing officer or city finance director, be canceled by the C^" Bernardino ^ounty assessor if uncollected, or refunded by the San Bernardino county treasurer if collected, provided the hearing officer or finance director determines that the assessment and/or costs were entered, charged or paid: More than once; 2. Through clerical error; 3. Through error or mistake of the hearing officer, finance director, or the fire chief in respect to any material fact, including the case where the cost report rendered and confirmed as herein before provided shows the fire district or private contractor abated the fire hazard, but such is not the actual fact; 4. Without legal authority; or 5. As to property acquired after the lien date by the st" ate~' ~~ ~, or by any county, city, school district, or political subdivision, and is—therefore not subject to sale for delinquent taxes. (Code 1980, § 8.46.070; Ord. No_ 832, § 2, 8-18-2010) Sec. 8.46.080. Appeal procedure. A. The owner may appeal the determination of existence of a fire hazard and/or the assessed fees and costs related to the abatement`of a fire hazard to the hearing officer, as specified in subsection C of this section, within the '1\ provided for compliance with the order, by timely submitting a written appeal to the city clerk f B. The appeal must be ace mo parried-by•an appeal fee as established by resolution of the fire district. Said fees are refundable oiil t e owner prevail. C.' The appeal shall be heard by the hearing officer who shall be the person designated by the city and/or the fire district t`o�hear appeals on administrative citations. D. A written appeal of a notice to abate a fire hazard must be actually received by the city clerk within 20 twenty days of the date that the notice was mailed. An appeal of the assessed fees shall be made within 20 twefity days of the date that the notice to abate or statement of costs, as applicable, was mailed. The owner's failure to appeal the notice and/or assessed fees and costs within 20 twenty days of the date that the notice or statement was mailed shall constitute a waiver of the right to an appeal. The city clerk shall immediately forward all appeals to the fire chief. E. Upon receipt of a timely appeal, the fire district shall set the matter for hearing with the hearing officer and shall notify the appellant of the hearing date at least ten days prior to such date. The hearing shall be set for a date not less than 15 fifteen days nor more than 60 & days after the appeal is received. F. The hearing officer shall issue a written decision no later than 15 days after the date on which the hearing concludes. The hearing officer can issue one or more of the following determinations: A fire hazard did or does not exist. 2. The re -inspection fee was improperly assessed and is not payable by the owner. Page 292 of 496 3. The administrative fee was improperly assessed and is not payable by the owner. 4. The cost of abatement was improperly assessed and is not payable by the owner. 5. Although properly assessed, the fee and/or cost shall be reduced to a specific amount in order to not exceed actual cost recovery for the inspection and abatement of the fire hazard. 6. All costs were properly assessed. G. If the hearing officer sustains the appeal in its entirety and/or cancels all assessed costs and fees, the fire district shall refund all costs and fees, including the appeal fee, within 30 thirty days. H. If the hearing officer reduces costs assessed for the inspection and abatement of the fire hazard, the appeal fee shall not be refunded to the owner. The decision of the hearing officer shall be final. (Code 1980, § 8.46.080; Ord. No. 832, § 2, 8-18-2010) See. 8.46.090. Violations. A. It shall be a misdemeanor for any owner to fail 8.46.020 of this ehapp ~~, or to fail to comply with a noti 'sections 8.46.040 and/or 8.46.050 of this ehap ^r, or tc inte of the fire chief herein specified, or to refuse to allow the"f: to enter upon any premises for the purpose of abating firI with the work or removal herein provided. B. Violations are punishable as providednichat Alunpal Code, and may include the chapter. to perform the duty set forth in section ce `to_abate fire hazard, as set forth in Here with the performance of the duties ire iefs& approved private contractors hazards or to interfere in any manner 1.12 of this the RRn^kn Cue mong ,rative citations as provided in said (Code 1980, § 8.46.090; Ord. No. 832, § 2,�8-12,8-18-2010L)X _N CHAPTER -850. SHOPPING CARTS Sec. 8.50.010. Purpose and'i nt. A. The city has determined that the unauthorized removal of shopping carts from retail establishments and their subsequent abandonment on public and private properties creates visual blight and potential hazards to the health, safety, and welfare of the public, interferes with pedestrian and vehicular traffic, and constitutes a nuisance. B. It is the intent of this chapter to regulate, in accordance with and in addition to Business and Professions Code § 22435 et sed.,'the removal of shopping carts from the premises or parking areas of retail establishments. (Code 1980, § 8.50.010; Ord. No. 841, § 1, 5-18-2011) Sec. 8.50.020. Definitions. The followina words. terms and phrases. when used in this chanter. shall have the meaninEs ascribed to them in this section, except where the context clearly indicates a different meaning: Business owner means the owner or operator of a commercial establishment that provides shopping carts for use by its customers for the purpose of transporting goods of any kind on or about its premises. 44 -Parking area means a parking lot or other property provided by a business owner for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment Page 293 of 495 located in a multi -store complex or shopping center shall include the entire parking area used by the complex or center. G-Prenuses means the interior of a business owner's establishment, adjacent walkways, any loading area, and the parking area, as defined herein_ Shopping cart means a basket that is mounted on wheels or a similar wheeled device used in a retail establishment by a customer for transporting goods. (Code 1980, § 8.50.020; Ord. No. 841, § 1, 5-18-2011) Sec. 8.50.030. Shopping cart identification signs. Business owners shall permanently affix vandal -resistant identification signs 'to each shopping cart on its premises. The identification sign shall conspicuously set forth all of the following information: A. The name and address of the business owner and premises; B. A valid telephone number or address for notifying the business owner for purposes of returning the shopping cart if found off of the business owner's premises; C. Notice to the public that the unauthorized removal of a`shopping cart from the premises, or the unauthorized possession of a shopping cart, isr`aviolation of state law. D. • Notice to the public of the procedure to be utilized for authorized removal of the shopping cart from the premises. (Code 1980, § 8.50.030; Ord. No. 811, § 1, 5-18-2011) Sec. 8.50.040. Business owner obligation to pr" event the removal of shopping carts from premises. All business owners shall implement effective measures to prevent and discourage the removal of shopping carts from their premises. In furtherance thereof, business owners shall comply with the following requirements:}} AA- Business owners shall p st\anLd_maintain signs at each customer pedestrian exit on the premises, in one orimore languages, providing notice that customers may not remove shopping carts froMtheApremi es without written authorization and that unauthorized removal of shopping carts from the premises is a violation of state law. The signs shall be conspicuously and prominently displayed to be clearly visible at each customer pedestrian exit on the premises. 13.12�- Shopping carts may not be utilized off of a business owner's premises without the business owner's written consent. C. Upon receipt of telephonic or written notification from the city or any person that a shopping cart belonging to a business owner has been found off of the business owner's premises, the business owner shall retrieve such shopping cart within 48 feFty hours of receipt of such notice. (Code 1980, § 8.50.040; Ord. No. 841, § 1, 5-18-2011) Sec. 8.50.050. City powers not limited by this chapter. Nothing in this section is intended to limit the ability of the city to remove or dispose of any cart to which a cart identification 'sign is not attached, or to remove or dispose of any cart which impedes the provision of emergency services, or which is an immediate threat to public health and safety, to the full extent permitted by state law. (Code 1980, § 8.50.050; Ord. No. 841, § 1, 5-18-2011) Page 294 of 495 Sec. 8.50.060. Enforcement. A. The city manager or his or her designee, including, but not limited to, police officers, code enforcement officers, or other duly authorized enforcement officials of the city shall have the authority to enforce the provisions of this chapter. B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and shall be subject to the enforcement remedies set forth in chapter 1.12 of this zliv Code. C. Nothing in this chapter shall be intended to limit any of the civil, administrative or criminal remedies available to the city, nor shall it be intended to limit the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. (Code 1980, § 8.50.060; Ord. No. 841, § 1, 5-18-2011) Page 295 of 496 Title 9 PUBLIC PEACE, MORALS AND WELFARE* *State law reference—Crimes and punishment, Penal Code § 25 et seq. CHAPTER 9.04. WEAPONS* *State law reference Registration and licensing of firearms preempted to the state, Government Code § 53071; regulation of manufacture, sale or possession of imitation firearms preempted to the state, Government Code § 53071.5; discharge of firearms at dwelling houses and similar places, Penal Code § 246; shooting firearms from or upon public roads or highways, Penal Code § 374c; firearms, Penal Code § 12001 et seq.; deadly weapons control, Penal Code § 17500 et seq. Sec. 9.04.010. Discharging firearms prohibited. It is unlawful to fire or discharge, or cause to be fired or discharged, within the city any firearm, rifle, pistol, shotgun, cannon, air rifle, air gun, B.B. gun, pellet gun, gas operated gun, spring gun, or any weapon designed to discharge any dangerous missile; provided, however, the provisions of this section shall not apply to peace officers when acting in the line of duty, and, provided further, that this section shall not apply to any person otherwise lawfully acting in the due protection of life or property. (Code 1980, § 9.04.010; Ord. No. 60, § 1, 1979) Sec. 9.04.020. Discharging arrows prohibited. It is unlawful for any person to discharge, release, or,shoot any arrow or shaft from any bow, crossbow, or similar device within the city except upon arrange or other area approved by the city council for such activity. (Code 1980, § 9.04.020; Ord. No. 60, § 2, 19 794y:m:in�o�rs. Sec. 9.04.030. Possession of weapons It shall be unlawful for any per son und`erAlie age of 18 ei ee}ryears to have in his or her possession, custody, or control any`of)the weapons described in sections 9.04.010 and 9.04.020 unless he or she either possesses,a vad�'aa'a state hunting license or is accompanied by a ` i parent or guardian. Yy (Code 1980, § 9.04.030; Ord. Now, 3, 19 79) Sec. 9.04.040. Violation; penalty- Any enaltyAny person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 five hand -Fed dellars or by imprisonment in the county jail not exceeding six months, or by both such fine and, imprisonment. (Code 1980, § 9.04.040; Ord. No. 60, § 4, 1979) CHAPTER 9.08. CERTAIN NUDE CONDUCT PROHIBITED* *State law reference—Indecent exposure, Penal Code § 314; authority to adopt ordinance prohibiting or regulating such activity, Penal Code §§ 318.5, 318.6. Sec. 9.08.010. Nude conduct in establishments serving alcoholic beverages unlawful. It is unlawful for any person who acts as a waiter, waitress, or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to such person to perform such activity, to expose his or her breast, at or below the areola thereof, genitals or buttocks in an establishment which serves alcoholic beverages for consumption on the premises of such establishment. Page 296 of 496 (Code 1980, § 9.08.010; Ord, No. 200-B, § 1(part), 1983) Sec. 9.08.020. Procuring nude conduct in establishments serving alcoholic beverages unlawful. It is unlawful for any person to permit, procure, counsel or assist another person who acts as a waiter, waitress, or entertainer, to expose his or her breast, at or below the areola thereof, genitals or buttocks in an establishment which serves alcoholic beverages for consumption on the premises of the establishment. (Code 1980, § 9.0&020; Ord. No. 200-B, § 1(part), 1983) Sec. 9.08.030. Penalty for violation. Every person who violates the provisions of section 9.08.010 or 9.08.020 is guilty of a misdemeanor. (Code 1980, § 9A8.030; Ord. No. 200-B, § 1(part), 1983) Sec. 9.08.040. Exceptions. This chapter shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performance. All the words used in this chapter which are also used in California Penal Code §§ 318.5 and 318.6 are used in the.same sense and mean the same as the same respective words used in Penal Code §§ 318.5 and'3-18.6� (Code 1980, § 9.08.040; Ord. No. 200-B, § 1(part), 1983) CHAPTER 9.12. PICTURE ARCADES Sec. 9.12.010. Definitions. k N r the t ')icture includes videotape and television. _14.44e u -sed in this ehapt,eiz, Pi&ur.`e_ar•cade means any place to which the public is admitted wherein one or more coin-operated or slug -operated, or electrically, electronically or mechanically controlled, still or motion pictureVmachines or projectors are maintained to show still or motion pictures to five or fewer persons per machine at any one time. (Code 1980, § 9.12.010; Ord. No. 207, § 1(part), 1983) Sec. 9.12.020. Interior design requirements: No person, either as owner or lessee, or as employee, agent, partner, director, or officer of owner or lessee,- shall operate or maintain any picture arcade unless the entire interior of the premises wherein the still or motion pictures are viewed is visible upon entrance to the premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained. (Code 1980, § 9.12.020; Ord. No. 207, § 1(part), 1983) Sec. 9.12.030. Violations; misdemeanors. Any person violating any of the provisions of section 9.12.020 shall be guilty of a misdemeanor. (Code 1980, § 9.12.030; Ord. No, 207, § 1(part), 1983) Page 297 of 496 �•NEW— CHAPTER ■ CHAPTER 9.16. CONSUMPTION OF ALCOHOL IN PUBLIC PLACES Sec. 9.16.010. Definitions. As used in this chapter, the terms "alcoholic beverage" and "alcoholic beverages" shall have the meaning set forth in Sseetipm !2'100" Af the Business and Professions Code § 23004, as the same presently exists, or as the same may be amended from time to time. (Code 1980, § 9.16.010; Ord. No. 282, § 4(part), 1985; Ord. No. 283, § 2(part), 1986) Sec. 9.16.020. Consumption of alcoholic beverages in public places prohibited. It is unlawful for any person to consume any alcoholic beverage while upon any public street, alley, way, sidewalk or parkway, whether in a motor vehicle or otherwise, within the city. (Code 1980, § 9.16.020; Ord. No. 282, § 4(part), 1985; Ord. No. 283, § 2(part), 1986) Sec. 9.16.030. Penalties for violation of chapter. ,'. It is unlawful for any person to violate any provision ofithis chapter. Any person violating any provision of this chapter shall be deemed guilty oPa-misdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding $1,000 00 Effie � V1 avna''""""':, or by imprisonment not exceeding six months, or by both such fine and impriso m nt. (Code 1980, § 9.16.030; Ord. No. 282, § 4(part)�/1985; Ord. No. 283, § 2(part), 1986) CHAPTER 9.18. MISCELLANEOUS OFFENSES Page 298 of 495 ?.i...., •usa� ..x.5.2 V� See. 9.1$.012. Trespasses upon privatelproperty prohibited. A. No person shall remain upon ar�y�pr-ivate property or business premises after being requested by the owner or lessee or other_person in charge to leave the property or premises. B. No person, without permission ,�xpress or implied, of the owner or lessee or other person in charge of private propertylor business premises, shall enter upon such private property or business premises after having een notified by the owner or lessee or other person in charge thereof to keep off or keep away fi_om. C. Exceptions. This section shall not apply in any of the following instances: Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of color, race, religion, creed, ancestry or national origin; 2. Where its application results in or is coupled with an act prohibited by Penal Code § 365 or any other provision of law relating to duties of innkeepers and common carriers; 3. Where its application would result in interference with or inhibition of peaceful labor picketing or other lawful labor activities; 4. Where its application would result in interference with or inhibition of any other exercise of a constitutionally protected right of freedom of speech, including, but not limited to, peaceful expressions of political or religious opinions, not involving conduct otherwise prohibited by the California Penal Code; or 5. Where the person who is upon another's private property or business premises is there under claim or color of legal right. This exception includes, but is not limited to, the Page 299 of 496 following types of situations involving disputes wherein the participants have available to them practical and effective civil remedies: a. Marital and post -marital disputes; b. Child custody or visitation disputes; C. Disputes regarding title to or rights in real property; d. Landlord and tenant disputes; e. Disputes between members of the same family or between persons residing on the property concerned up until the time of the dispute; f. Employer-employee disputes; g. Business type disputes such as those between partners; h. Debtor -creditor disputes; and i. Instances wherein the person claims rights to be present pursuant to order, decree or process of a court. (Code 1980, § 9.18.012; Ord. No. 408, § 1, 1990) Sec. 9.18.014. Public urination and defecation prohibite•'d. No person shall urinate or defecate in or upon any �publiic street. sidewalk, alley, park, public building or publicly maintained facility, or in any place open toothe public or exposed to public view, except in a toilet, urinal or other receptacle provided in any restroom, bathroom or other facility designed for the sanitary disposal of human wast\iThis section shall not apply to any person who cannot comply due to disability, age, or a medical condition substantiated by a physician. (Code 1980, § 9.18.014; Ord. No. 700, § 1, 2003 State law reference—Urination or defecation -Penal Code § 311.3. Sec. 9.18.015. Prohibition of unauthorized access in area of Cucamonga Canyon. A. No person shall enter—or r main upon any private land in the area of Cucamonga Canyon without having written permission from the owner of such lands, or the owner's agent, authorizing such entry onto such private lands. B_ For the purpose of this se ion, the term "the area of Cucamonga Canyon" means any and all private property within the corporate boundaries of the city north of Almond Street, west of the northerly terminus of Sapphire Street. C. The terms and provisions of this section shall not apply to the following: 1. The owner of such lands, or owner's agent, together with persons having visible or lawful business with the owner, agent or person in lawful possession; 2. Any federal, state or local law enforcement, fire protection or safety personnel; 3. Any public utility or related service personnel while actively engaged in the performance of such public utility or related service; 4. Any fenced and privately owned land. containing structures, dwellings or other improvements of an owner or person in lawful possession of such property; and 5. The area of the forest service access easement to the San Bernardino National Forest commonly known by the name "Big Tree Road." (Code 1980, § 9.18.015; Ord. No. 372, § 3, 1988) Page 300 of 496 Sec. 9.18.020. Penalties for violation of chapter. It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,00100. ane thousand dallars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. (Code 1980, § 9.18.020; Ord. No. 282, § 5(part), 1985; Ord. No. 283, § 3(part), 1986) CHAPTER 9.19. ABATEMENT OF CERTAIN NUISANCES STREET GANGS* *State law reference—Street Terrorism Enforcement and Prevention Act, Penal Code § 186.20 et seq. Sec. 9.19.010. Purpose and intent. The city has determined that certain activities which have been identified as public nuisances under state 114m, Penal Code § 186.22a are present and occurring in structures and places within the city. State law provides for the enjoining, abatement and prevention of such nuisances. The city desires to supplement the general laws relating to the abatement of such public nuisances by establishing a process whereby such nuisances may be abated by a voluntary cooperative effort between the city and the owner of the property whereon such public nuisances are occurring. The procedures established in this chapter describe and establissthis process and further make provision for obtaining judicial relief in circumstances where voludta`ry abatement is not achieved. (Code 1980, § 9.19.010; Ord. No. 422, § 2(part), 1990) State law reference ---Public or private nuisance, Penal Code §z186.22a; places used for unlawfully selling, "N etc., controlled substances, etc., declared nuisance, Health and,Saf6tyCode § 11570. Sec. 9.19.020. Definitions. As applicable to this chapter, the following et rms:sha11 have the definition ascribed to them as follows. "Criminal gqtW-activities means any -misdemeanor or felony as defined by local, state or federal laws, including, but not limited to, the offenses set forth in Penal Cade §§ 186.22a and 186.22(c). "Criminal street an: 211 h e the means as defined in Penal Code § 186-22A an ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, as specified in Penal Code § 186.22(e), which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or have engaged 'in a pattern of criminal gang activity. (Code 1980, § 9.19.020; Ord. No. 422, § 2(part), 1990) • ' State law reference. -Similar provisions, Penal Code § 186.22_ Sec. 9.19.030. Public nuisances to be abated; procedures. A. Every structure or place used for the purposes of criminal activity by criminal street gang, gangs, or individual members thereof, or each building or place wherein or upon such criminal activity takes place, or as defined in Penal Code § 186.22a, is a public nuisance and may be abated as set forth herein whie-h sh-all be efi�ained, abated, and prevented, and for hich B. Every structure or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance, precursor and analog specified in state law, and every building or place where such activity occurs, or as is defined in Health and Safety Code § 11570, is a public nuisance and may be abated as set forth in this section. Page 301 of 496 C. Abatement procedures as set forth in state law which, respectively, relate to Penal Code § 186.22a, or Health and Safety Code § 11570, may be commenced by the city attorney as set forth in this section. (Code 1980, § 9.19.030; Ord. No. 422, § 2(part), 1990) Sec. 9.19.040. Allegation of nuisance investigation. A. Written allegations. Any person may submit to the chief of police written allegations regarding the existence of a nuisance as defined herein at a specific structure or place. Such written allegations shall be factual in nature and provide specific details which serve to support the allegations. Notwithstanding the foregoing, the police department, or any code enforcement agency of the city, may identify a structure or place which is believed to be a nuisance as defined herein. B. Inoesti.gati.on. of allegations. 1. The police department shall investigate all allegations regarding the existence of the nuisance utilizing appropriate investigative procedures. Such investigation may include, but is not limited to, a review of calls for service for nuisance -related activities, statements or admissions of the property owner or occupants of the subject structure or place and declarations from adjacent property owners or occupants. 2. The chief of police shall determine if the results of the investigation warrant proceeding to nuisance abatement hearing. a. If a nuisance abatement hearing is determ�to be justified, the chief of police, or his designee, shall proceed as set forth in section 9.19.050. b. If a nuisance abatement hearing_is�not found to be justified, a written notice of such decision shall be mailed by firstt clbL smail to the party who' submitted the written allegations. �1 (Code 1950, § 9.19.040; Ord. No. 422, § 2(part),'1990) Sec. 9.19.050. Nuisance abatemt`� aring. A. When the chief of p6lli s Chas determined that a nuisance abatement hearing is justified, he shall establish a date, time and place for such hearing. B. Notice of the hearing sA all be sent by certified mail to the owner4s} of record of the property, at the address as shown on the last equalized tax assessment roll, and to the party who filed the allegations. 1. The notice shall be sent not less than ten calendar days prior to the date established for such hearing. 2. The notice shall contain the following: a. Identification of the street address and assessors parcel number of the subject; b. Identification of the alleged nuisance and the evidence in support thereof; C. A description of the hearing process and the rights of the property owner; d. An explanation of the alternative civil abatement process; and e. A description of the appeal process. (Code 1980, § 9.19.050; Ord. No. 422, § 2(part), 1990) Sec. 9.19.060. Hearing procedure. A. General proc)isions. Page 302 of 496 1. The city manager, or his designee, shall serve as the nuisance abatement hearing officer. 2. The hearing officer shall have the power and duty to administer oaths and affirmations and to certify to official acts. 3. The hearing shall be recorded by means of audio -tape recording or any such other means as the hearing officer deems appropriate. 4. All persons presenting oral testimony shall be sworn prior to taking such testimony. 5. All written evidence shall be signed and dated by the person submitting the same. R Presentation of evidence. 1. Each party may call and examine all witnesses, present evidence, rebut any evidence presented against the party and he represented by anyone the party may choose. 2. All relevant evidence shall be admitted and considered by the hearing officer, whether such evidence be oral or written. Irrelevant or repetitious testimony shall be excluded by the hearing officer_ C. Decision of )rearing officer. 1. The hearing officer shall, not more than five workingdays after the hearing, render a written decision which shall, on the basis of the evidence as presented, determine the existence or nonexistence of the alleged nuisance 2. If a nuisance is found to exist, the hearinge�bfficer shall describe the nuisance with particularity and shall specify a time frame for the voluntary abatement of the nuisance by the property owner by any lawful means. Further, the decision shall explain the civil abatement alternative if voluntary abatement fails to abate the nuisance. 3. The written decision shall be sere on the e property owner and interested parties by certified mail. (Code 1980, § 9.19.060; Ord. No. 422, § 2(Fa- rt), 1990) Sec. 9.19.070. Appeal procedure. \\4 A. The property ownerappeal-the decision of the hearing officer, on any grounds, on or before the tenth day after th�date of the hearing officer's decision. Such appeal shall be written and shall describe with particularity the grounds for the appeal. Such appeal shall place such appeal on the first available city council agenda. B. The city council shall consider the appeal in conjunction with, and respective to, the record of the nuisance abatement hearing. The city council may revise, amend or otherwise alter the decision of the hearing officer in its sole discretion insofn as such is supported by the evidence. (Code 1980, § 9.19.070; Ord. No. 422, § 2(part), 1990) Sec. 9.19.080. Civil abatement. When the property owner or other interested party responsible for the subject structure or place fails to abate the nuisance within the time frame as established for such abatement, the city attorney is authorized to proceed with a civil action to abate the identified nuisance pursuant to the applicable state or federal law. Such abatement action may include seeking a temporary injunction and any applicable damages, costs and remedies. In the event such damages and costs are not satisfied, such shall become a lien and charge against the subject structure or place. (Code 1980, § 9.19.080; Ord_ No. 422, § 2(part), 1990)