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HomeMy WebLinkAbout931 - Ordinances - UPDATE THE APPOINTMENT OF AN ADMINISTRATIVE HEARING OFFICER, PERMIT, FEE, AND APPEAL REQUIREMENT FOR TAXI CAB SERVICES ORDINANCE NO. 931 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO UPDATE THE APPOINTMENT OF AN ADMINISTRATIVE HEARING OFFICER, PERMIT, FEE AND APPEAL REQUIREMENTS FOR TAXICAB SERVICES, SALES OF GOODS OR MERCHANDISE FROM VEHICLES AND CHARITABLE AND NONCHARITABLE SOLICITATION PERMITS AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Section 1.12.150 is hereby amended as follows: "The city manager shall establish procedures for the selection of administrative hearing officers. In no event, however, shall the same person who issued an administrative citation, nuisance abatement notice, weed abatement notice, or invoice for abatement services; participated in a decision to deny any permit; or any person who has been adverse to the recipient of the appealed notice in any other legal or administrative proceeding, be the administrative hearing officer." SECTION 2. Section 8.30.110 is hereby amended as follows: "Any person denied a permit pursuant to this chapter may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request 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 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and the appellant shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final." SECTION 3. Section 8.40.030 is amended as follows: "B. The finance director shall be 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. C. Permit Denial. Any permit applied for under the provisions of this chapter may be denied for any of the following causes: a. Fraud, misrepresentation, or false statement contained in the application for a permit; b. Conviction of a misdemeanor or felony involving fraud, theft, dishonesty, or injury to any person within the previous ten years, or Ordinance No. 931 — Page 1 of 4 revocation of any permit to sell goods or services to the public within the previous five years, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code § 290; c. Failure to comply with the requirements of this chapter; or d. Conviction within the previous 12 months, resulting from any violation of this chapter. D. Appeal Procedure. Any person aggrieved by a denial of a solicitation permit may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request 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 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and the appellant shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final. E. Each permitee shall notify the finance director, in writing, within ten business days of any change in the required application information." SECTION 4. Section 9.31.020(D) is amended as follows: "Permit filing fee. At the time of filing the application for a permit under this section, a non-refundable fee in an amount established by resolution of the city council shall be paid to the finance director to cover the cost of investigation of the facts stated therein, and the cost of the identification card required to be carried by each solicitor. Such fee shall be paid by each business entity applicant on behalf of each person who shall actually solicit." SECTION 5. Section 9.31.020(H) is amended as follows: "Appeal procedure. Any person aggrieved by a denial of a noncharitable solicitation permit may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request 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 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and the appellate shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. the city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final." Ordinance No. 931 — Page 2 of 4 SECTION 6. Section 9.31.030(B) 1 is amended as follows: "No person shall solicit, or permit or cause any other person to solicit on said person's behalf, where it is represented that any proceeds of such solicitation are to be used for charitable purposes, or otherwise engage in any "solicitation for charitable purposes" or"sales solicitation for charitable purposes," as those terms are defined in Business and Professions Code § 17510.2, or any successor provision thereto, without first obtaining and being the holder of a valid charitable solicitation permit issued by the finance director." SECTION 7. Section 9.31.030(B) 2 is added as follows and items 2 through 8 in subsection B shall be re-numbered as 3 through 8: "Permit Filing Fee: At the time of filing the application for a permit under this section, a non-refundable fee in an amount established by resolution of the city council shall be paid to the finance director to compensate the city for the actual costs of the permit and identification cards required to be in the possession of each solicitor at all times while soliciting, and the cost of administering this chapter." SECTION 8. Section 9.31.030(E) is amended as follows: "Appeal Procedure. Any person, business entity or organization aggrieved by a denial of a charitable solicitation permit may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request 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 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and no the appellate shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final." SECTION 9. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 10. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City 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 any penalty or the penal provisions applicable to any violation thereof. SECTION 11. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. 931 — Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 20th day of June, 2018. / e 10 r . ' L. •- nis Michael, May.r ATTEST: 7) ( iL,7/21/6.a c'7 it-txepudido Ja 'ice C. Reynolds, City`elerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of June 2018, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20th day of June 2018. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 21st day of June 2018, at Rancho Cucamonga, California. cj.04>1U U /V;1/1-Cedd Janice C. Reynolds, City Clerk ,� Ordinance No. 931 — Page 4 of 4