HomeMy WebLinkAbout1987-12-15 - ORDINANCES - ESTABLISH MUNICODE (2)' r
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ORDINANCE NO. 87-2
t^ AN ORDINANCE OF THE CITY OF SANTA CLARITA
ESTABLISHING THE SANTA CLARITA MUNICIPAL
CODE, AND ENACTING TITLES 1,2 AND 3
THEREOF RELATING TO GENERAL PROVISIONS,
ADMINISTRATION AND PERSONNEL, AND REVENUE
AND FINANCE
The City Council of the City of Santa Clarita does ordain as
follows:
SECTION 1. A Municipal Code is hereby established for the
City of Santa Clarita, and Titles 1, 2 and 3 thereof are
enacted, as follows:
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adopted
1.04 City Seal
1.08 Citations in Lieu of
Chanter 1.0
CODE ADOPTED
Sections:
raiqnment
1.01.001
Declaration of purpose.
1.01.002
Establishment of Municipal Code.
1.01.003
Contents of Code.
1.01.004
Outline of Code.
1.01.005
Maintenance of Code.
1.01.010
Interpretation of Code and other
ordinances.
1.01.020
Effect of Code on past actions and
obligations.
1.01.030
Partial invalidity.
1.01.040
Territorial limitation.
1.01.050
Local signification.
1.01.100
Rules of construction.
1.01.110
Effect of headings.
1.01.120
Meaning of "section" and "subsection".
1.01.130
Acts by deputies.
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1.01.140
1.01.150
1.01.160
1.01.170
1.01.200
1.01.210
1.01.220
1.01.230
1.01.250
1.01.260
1.01.270
1.01.300
1.01.310
"Writing".
Reference to ordinances:
amendments.
Statute of limitations.
Definitions.
Violation -- Infraction.
Aiding and Abetting.
Establishment of offenses
Punishments.
Application to
as infractions.
Violations public nuisances.
Nuisances: Recovery of abatement
expenses.
Violations of administrative provisions.
Notices -- Service.
Notices -- Proof.
1.01.001 Declaration of purpose. The City Council
finds that it is desirable and in the public interest to
establish a Municipal Code in order to provide a scheme of
organization for the classification and grouping of
ordinances which the Council may adopt. The Council intends
in adopting ordinances of a general and permanent nature to
provide for their placement in accordance with the scheme of
the Code. This will provide the user with a convenience and
logical compilation of the ordinances of the City.
1.01.002 Establishment of Municipal Code. This
Code shall be known as the "Santa Clarita Municipal Code".
It shall be sufficient to refer to this Code as the Santa
Clarita Municipal Code in any prosecution for the violation
of any provision of this Code. It shall also be sufficient
to designate any ordinance adding to, amending, or repealing
provisions of this Code as an addition or amendment to, or a
repeal of, the Santa Clarita Municipal Code, or a portion
thereof.
1.01.003 Contents of Code. The Santa Clarita
Municipal Code shall consist of all ordinances adopted by
the City Council which are of a general and permanent
nature. An ordinance relating to any of the following
subject matters is not considered an ordinance of general
and permanent nature and need not be included within the
Municipal Code:
The naming of streets or roads;
Granting, altering, or withdrawing franchises;
Levying real property tax;
Calling an election;
Annexation proceedings;
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(6) Interim zoning measure;
(7) Zoning or rezoning a particular parcel of
P"? property;
(8) Such other ordinances of a special or
particular subject matter which the Council considers are
not appropriate to a general compilation of laws of a
general and permanent nature.
1.01.004 Outline of Code. (a) The ordinances of
the City which are of a general and permanent nature shall
be organized and grouped according to the subject matter.
(b) Ordinances which are adopted from time to time
shall be classified and organized under the following scheme
of titles:
1. General Provisions
2. Administration and Personnel
3. Revenue and Finances
4. (Reserved)
5. Business Regulations
6. Health and Sanitation
7. (Reserved)
8. Buildings and Construction
9. Planning and Zoning
10. Animals
11. Peace, Morals and Safety
12. Vehicles and Traffic
13. (Reserved)
14. Streets and Sidewalks
15. Water and Sewers
1.01.005 Maintenance of Code. At least three
copies of this Code, duly certified by the City Clerk, shall
be maintained on file in the office of the City Clerk as
official copies of this Code. Additional copies of this
Code shall be distributed to the departments of the City as
shall be prescribed by the City Manager.
Duly certified copies of each ordinance making a
change in this Code shall be filed in the office of the City
Clerk in books for such purpose, duly indexed for ready
reference.
At least semi-annually the City Clerk shall cause
the loose leaf pages of this Code in which changes have been
made to be reproduced, including a notation as to the
ordinance number and the date pursuant to which such change
is adopted. Such reprinted pages shall be distributed in
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order that the loose leaf copies of this Code prepared by
the use and convenience of the officers and employees of the
Cit and the
City general public may be brought up to date.
1.01.010 Interpretation of Code and other
ordinances. The provisions of this Code and all proceedings
under it are to be construed to effect its objects and to
promote justice.
All the provisions of this Code and all other City
ordinances shall be interpreted to refer to the appropriate
or designated officer or office of the City, and whether an
ordinance, uniform Code, statute, or other matter which is
adopted by reference refers to any department, officer,
employee, inspection, police, or other functions, unless the
context requires otherwise, all references shall be to the
appropriate or designated office, officer, department,
agency, employee, or function of the City, or to the person
or agency performing the function for the City.
1.01.020 Effect of Code on r,ast actions and
obligations. Neither the adoption of this Code, nor the
repeal by this Code of any ordinance previously in effect in
the City or within the territory currently comprising the
City, shall in any manner affect the prosecution for the
violation of any ordinance, which violation was committed
prior to the effective date of this Code, nor be construed
as a waiver of any license or penalty on such effective date
due and unpaid under such ordinances, nor be construed as
effecting any of the provisions of such ordinances relating
to the collection of any such license or penalty or the
penal provisions applicable to any violation of such
ordinances, nor to affect the validity of any bond or cash
deposit required to be posted, filed, or deposited pursuant
to any ordinances, and all vested rights and obligations
pertaining to such ordinances shall continue in full force
and effect.
1.01.030 Partial invalidity. If any chapter,
section, sentence, clause or portion of this Code is for any
!o'' reason held to be invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such
holding shall not affect the validity of the remaining
portions thereof.
1.01.040 Territorial limitation. This Code shall
refer only to the omission or commission of acts within the
territorial limits of the City of Santa Clarita and that
territory outside of the City over which the City has
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jurisdiction or control by virtue of the Constitution, or
r^� any law, or by reason of ownership or control of property.
1.01.050 Local signification. All references in
this Code to places, acts, persons or things and all else in
relation to this Code shall be construed to mean that the
same are applicable to this City, whether the City is
mentioned in each particular section or not.
1.01.100 Rules of construction. Unless the
provisions of this Code otherwise specifically provide, or
the context of this Code indicates to the contrary, the
general provisions, rules of construction, and definitions
set forth in the following sections of this chapter shall
govern the construction of this Code.
1.01.110 Effect of headings. The title, chapter,
article, and section headings contained in this Code shall
not be deemed to govern, limit, modify, or in any manner
affect the scope, meaning, or intent of the provisions of
any title, chapter, article, or section of this Code.
1.01.120 Meaning of "section" and "subsection".
"Section" shall mean a section of this Code, unless some
other source is specifically set forth. "Subsection" shall
mean a subsection of the section in which the term occurs,
unless some other section is expressly set forth.
1.01.130 Acts by deputies. Whenever a power is
granted to, or a duty is imposed upon, a public officer or
employee, the power may be exercised or the duty may be
performed by a deputy of such officer or employee or by a
person otherwise duly authorized pursuant to law or
ordinance, unless this Code expressly provides otherwise.
1.01.140 "Writing". "Writing" includes any form
of recorded message capable of comprehension by ordinary
visual means. Whenever anv notice, report, statement, or
record is required or authorized by this Code, such notice,
report, statement, or record shall be made in writing in the
English language, unless this Code expressly provides
otherwise.
1.01.150 References to ordinances: Application to
amendments. Whenever any reference in this Code is made to
an ordinance, the reference shall apply to such ordinance of
the City, unless this Code expressly provides otherwise.
Whenever any reference is made to any portion of this Code
or to any ordinances of this City, the reference shall apply
to all amendments and additions to this Code.
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1.01.160 Statute of limitations. When a
r-� limitation or period of time prescribed in any existing
ordinance or statute for acquiring a right to barring a
remedy, or for any other purpose, has begun to run before
this Code goes into effect, the time which has already run
shall be deemed a part of the time prescribed as such
limitation.
1.01.170 Definitions. As used in this Code,
unless a different meaning is apparent from the context or
is specified elsewhere in the Code.
(a) "Calendar year" shall mean from January 1
through December 31 of any given year.
(b) "City" shall mean the City of Santa Clarita.
(c) "City Manager" shall mean the appointed
official of the City who occupies the position as chief
administrative officer of the City.
(d) "Council" shall mean the City Council of the
City of Santa Clarita.
(e) "Councilmember" shall mean a person duly
elected to the Council.
(f) "County" shall mean the County of Los Angeles.
(g) "Fiscal year" shall mean from July 1 of any
given year through June 30 of the following year.
(h) "Gender". The masculine gender shall include
the feminine and neuter genders.
(i) "Goods" shall mean and include wares and
merchandise.
(j) "May" shall be permissive.
(k) "Month" shall mean a calendar month, unless
otherwise specially expressed.
(1) "Number". The singular number shall include
the plural, and the plural number shall include the
singular.
(m) "Oath" shall include affirmation.
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(n) "Official
" hours are named in this
or daylight savings time
City.
time standard". Wherever certain
Code, they shall mean standard time
as may be in current use in the
(o) "Operate" shall mean and include carrying on,
keeping, conducting, or maintaining.
(p) "Owner", applied to a building or land, shall
include any part owner, joint owner, tenant, tenant in
common, or joint tenant of the whole or a part of such
building or land.
(q) "Person" shall include any person, firm,
company, corporation, partnership, association, public
corporation, political subdivisions, City (except the City
of Santa Clarita), the County of Los Angeles, any district
in the County of Los Angeles, the State of California, or
the United States of America, or any department or agency of
any thereof, unless this Code expressly provides otherwise.
(r) "Personal property" shall include money,
goods, chattels, things in action, and evidences of debts.
(s) "Police", "Police Chief" or "Chief of Police"
shall mean the agency which performs the appropriate law
enforcement function for the City, and the head of the
agency or division thereof which at the time involved has
responsibility for performing the police function for, or
within, the City.
(t) "Property" shall include real and personal
property.
(u) "Quarterly", where used to designate a period
of time, shall mean the first three calendar months of any
given year or succeeding period of three calendar months.
(v) "Real property" shall include land, tenements,
and hereditaments.
(w) "Sale" shall include any sale, exchange,
barter, or offer for sale.
(x)
"Shall"
shall
be mandatory.
(y)
"State"
shall
mean the State of California.
(z) "Street" shall include all streets, highways,
avenues, boulevards, alleys, courts, places, squares, or
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other public ways in the 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 the State.
(aa) "Tenant or occupant", applied to a building or
land, shall include any person who occupies the whole or a
part of such building or land, whether alone or with others.
(ab) "Tense". The present tense shall include the
past and future tense, and the future tense shall include
the present tense.
Words and phrases not defined in this Code are
construed according the the approved usage of the language,
or, when appropriate, by reference to definitions contained
in State or Federal law.
1.01.200 Violation -- Infractions. It shall be
unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this Code or the
provisions of any Code adopted by reference by this Code or
any provision of any ordinance of the City not included
within this Code. Any person violating any of such
provisions or failing to comply with any of the mandatory
requirements of this Code or any Code adopted by reference
by this Code or any other City ordinance shall be guilty of
an infraction, unless such violation is specifically
designated as constituting a misdemeanor. Each such person
shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision
of this Code, or any provision of any Code adopted by
reference by this Code, or of any other City ordinance, is
committed, continued, or permitted by such person, and may
be punished accordingly.
Any provision or requirement of this Code or
otherwise as referred to above, the violation of which or
the failure to comply with which, is designated as an
infraction, shall be prosecutable as a misdemeanor upon a
third violation and each violation thereafter of the same
provision by the same individual. In addition, any such
violation or failure to comply may be prosecuted originally
as a misdemeanor in the discretion of the City Attorney or
any deputy district attorney, upon a showing by the
enforcing agency of the seriousness of the particular
alleged violation.
1.01.210 A_idinq and abetting. Whenever in this
Code any act or omission is made unlawful, it shall include
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causing, permitting, aiding, abetting, suffering, or
concealing the fact of such act or omission.
1.01.220 Establishment of offenses as
infractions. Any violation expressly declared to be
punishable, in the discretion of the court by either a fine,
or by a fine or imprisonment, or both, shall become an
infraction for all purposes under any of the following
circumstances:
(a) Where a judgment imposes a punishment of a
fine not exceeding Fifty Dollars ($50) in the case of a
first offense; or
(b) When the court grants probation to a defendant
without the imposition of a sentence and, at the time of
granting probation, or on application of the defendant or
probation officer thereafter, the court declares the offense
to be an infraction; or
(c) When the City Attorney or any deputy district
attorney files in a court having jurisdiction over
misdemeanor offenses a complaint specifying that the offense
is an infraction.
1.01.230 Punishments. (a) Any person convicted
of a misdemeanor under the provisions of this Code shall be
punishable by a fine of not more than Five Hundred Dollars
($500), or by imprisonment in the County jail for a period
not exceeding six (6) months, or by both such fine and
imprisonment.
(b) Any person convicted of an infraction under
the provisions of this Code shall be punishable for a first
conviction by a fine of not more than Fifty Dollars ($50),
for a second conviction within a period of one year by a
fine of not more than One Hundred Dollars ($100), and for a
third or any subsequent conviction within a period of one
year by a fine of not more than Two Hundred Fifty Dollars
($250).
1.01.250 Violations public nuisances. (a) In
addition to other penalties provided by law, any condition
caused or permitted to exist in violation of any provision
of this Code, or any such threatened violation, shall be
deemed a public nuisance and may be summarily abated as such
by the City.
(b) Also, any such violation or threatened
violation as referred to in (a), or any condition caused or
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permitted to exist in violation of any of the provisions of
any Code adopted by reference by this Code, or of the
provisions of any other City ordinance, shall be deemed a
public nuisance which may be abated by the City Attorney in
a civil judicial action.
1.01.260 Nuisances: Recovery of abatement
expenses.
(a) Whenever any person creating, causing,
committing, or maintaining a public nuisance, as referred to
in Section 101.250 of this chapter, or other public
nuisance, as defined under State law or other ordinance of
regulation, has been given notice, by or on behalf of the
City Attorney or by any other City officer, employee or
policing agent authorized to give such notice, to abate such
nuisance or cease and desist from continuing such nuisance
or violation of law, and such person who was given notice
fails, refuses, or neglects to comply with the notice within
the time specified therein, or if such a time is not
specified, then within a time reasonably sufficient to
enable such compliance, such noncomplying person shall be
liable to the City for any and all costs and expenses to the
City involved in thereafter abating the nuisance and in
obtaining compliance with or enforcing the law as referred
to or encompassed in the said notice.
(b) Costs and expenses, as referred to in
subsection (a) of this section may include, but are not
limited to, any and all direct costs and expense related to
such things as personnel salaries and benefits, operational
overhead, rent, interest, fees for experts or consultants,
legal costs or expenses, including attorneys' fees, claims
against the City arising as a consequence of the nuisance or
violation, and procedures associated with collecting moneys
due hereunder.
(c) The provisions of subsection (a) of this
section shall also apply to any person who received a
notice, as specified therein, and thereafter the nuisance or
violation was abated, but such person subsequently allowed
or was responsible for a recurrence of the nuisance or
violation.
(d) The liability of any person for the payment of
the costs and expenses provided for in subsection (a) of
this section may be waived in whole or in part by the City
Attorney in any case wherein he determines, in his sole
discretion, that the failure of refusal of such persons to
comply with the notice therein involved was based upon a
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good faith and bona fide issue of law or fact specially
involved in the circumstances of the case. Any
determination or decision of the City Attorney in this
regard shall be final and conclusive and shall not be
subject to appeal as prescribed in Chapter 2.04 of Title 2
of this Code.
(e) Moneys due to the City pursuant to this
section may be recovered in an appropriate civil action.
Alternatively, such liability may be enforced by special
assessment proceedings against the parcel of land upon which
the nuisance existed, which proceedings may be conducted in
a manner substantively similar to proceedings described in
Sections 39574 et seq. of the Government Code of the State
relating to weed abatement assessments.
1.01.270 Violation of administrative provisions.
The violation of, or the failure or omission to perform in
accordance with any administrative provision of this Code by
any officer or employee of the City shall generally not be
considered a criminal act, but may be deemed a failure to
perform the duties or to observe the rules or regulations of
the department, office, commission or board within the
meaning of the civil service ordinances and rules and
regulations of the City, if applicable.
1.01.300 Notices -- Service. Whenever a notice is
required to be given, or may be given, under any provision
of this Code or any provision of any Code adopted by
reference by this Code or any provision of any ordinance or
resolution of the City not included within this Code, such
notice may be given as herein provided. Unless different or
special provisions are otherwise specifically made in this
Code or in some other applicable enactment, any such notice
may be given either by personal delivery thereof to the
persons to be notified, or by deposit in the United States
mail in a sealed envelope, postage prepaid, addressed to
such person to be notified, at the person's last known
business address as the same appears in the public records
or other records pertaining to the matters to which such
notice is directed. Service by mail shall be deemed to have
been completed at the time of deposit in the post office or
in the official receptacle thereof.
1.01.310 Notices -- Proof. Proof of giving any
notice maT be made by the certificate of any officer or
employee of this City or by the affidavit or declaration
under penalty of perjury of any person over the age of
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eighteen years, which shows service in conformity with this
Code or other provisions of law applicable to the subject
matter concerned.
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Chapter 1.04
CITY SEAL
Sections:
1.04.010 Adoption.
1.04.020 Design.
1.04.010 Adoption. A corporate seal for the City
is adopted, the design of which seal shall be as follows in
Section 1.04.020.
1.04.020 Design. The seal adopted in Section
1.04.010 shall be
Chapter 1.08
CITATIONS IN LIEU OF IMMEDIATE ARRAIGNMENT
Sections:
1.08.010 Notice to appear in lieu of arrest.
1.08.050 Issuance of citations by designated
officers and employees.
1.08.010 Notice to appear in lieuofarrest. In
any case in which a person is arrested for a violation of
any provision of this Code and does not demand to be taken
r� before a magistrate, such person may, in lieu of being taken
before a magistrate, be issued a written notice to appear in
court and then may be released, all pursuant to and in
accordance with the procedures prescribed by California
Penal Code Section 853.6 et seq.
1.08.050 Issuance of citations by desi nated
officers and employees. Officers and employees of the City
who have the discretionary duty to enforce a statute or
ordinance may, pursuant to Section 836.5 of the Penal Code
and subject to the provisions of this section, arrest a
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person without a warrant whenever any such officer or
employee has reasonable cause to believe that the person to
�^ be arrested has committed an offense in the officer's or
employee's presence which he or she has the discretionary
duty to enforce, and to issue a notice to appear, and to
release such person on his or her written promise to appear
in court, pursuant to Section 853.6 of the Penal Code. No
officer or employee shall be allowed by his or her superior
to exercise the arrest and citation authority conferred in
this section unless such officer or employee is within a
classification of City officers and employees designated by
resolution of the City Council to exercise such arrest and
citation authority as to specified violations. The City
Manager shall establish and cause to be administered a
special enforcement training program designated to instruct
each officer or employee who will exercise such arrest and
citation authority, regarding the provisions of the statutes
and ordinances to be enforced, the evidentiary prerequisites
to proper procedures for making arrests or otherwise
prudently exercising such arrest and citation authority, and
the legal and practical ramifications and limitations
attendant thereto. Any such officers or employees shall be
appropriately instructed to deposit executed citations or
notice with the police department for filing with the court,
after review for legal sufficiency.
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04
Council
2.06
Boards and Commissions -- Gener
Provisions
2.08
City Manager
2.10
City Clerk
2.12
Director of Finance and General
2.15
City Treasurer
2.16City
Attorney
2.18
CommunityServices Commission
2.20
Disaster Relief
2.44
Peace Officer Training Standard
2.50
Administrative Mandamus: Statu
Limitations
2.55
Holidays Observed by the Citv
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Chapter 2.04
COUNCIL
Sections•
2.04.010 Time of regular meetings.
2.04.020 Place of regular meetings.
2.04.030 Improper conduct at meeting.
2.04.040 Adoption of procedures.
2.04.050 Reimbursement.
2.04.060 Commission appointments.
2.04.100 Appeals to Council.
2.04.110 Notice of appeal: Time limit --
Contents.
2.04.120 Appeals: Hearings: Notices.
2.04.130 Appeals: Hearings.
2.04.010 Time of regular meetings. The regular
meetings of the City Council shall be held on the
and of each month at the hour of 7:00 p.m.
2.04.020 Placeof regular meetings. The regular
meetings of the City Council shall be held at
2.04.030 Improper conduct at meeting. Any member
or other person using profane, vulgar, loud or boisterous
language at any meeting or otherwise interrupting the
proceedings, who refuses to be seated or keep quiet when
ordered to do so by the Mayor or other presiding officer of
the Council, is guilty of a misdemeanor.
2.04.040 Adoption of procedures. The City Council
may, by resolution, adopt rules of procedure to govern the
conduct of its meetings, any of its other functions and
activities, and regulations pertaining thereto.
2.04.050 Reimbursement. When approved by the City
Council, each member of the Council shall receive
^ reimbursement for actual and necessary expenses incurred in
the performance of official duties for the City, pursuant to
the provisions of Section 36514.5 of the Government Code.
2.04.060 Commission appointments. Unless
otherwise speciFically provided in this Code or by State
law, all City board and commission appointments, except for
ex officio members where applicable, shall be made by the
City Council.
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2.04 100 Appeals to Council. (a) Except when an
appeals procedure is otherwise specifically set forth in
P this Code, any person excepting to the denial, suspension,
or revocation of a permit applied for or held by him
pursuant to any of the provisions of this Code, or to any
administrative decision made by any official of the City, if
the denial, suspension, or revocation of such permit or the
determination of such administrative decision involves the
exercise of administrative discretion or personal judgment
exercised pursuant to any of the provisions of this Code,
may appeal in writing to the Council by filing with the City
Clerk a written notice of such appeal.
(b) No appeal may be taken to any such
administrative decision made by an official of the City
pursuant to any of the provisions of this chapter unless
such decision to appeal has been first taken up with the
department head concerned and with the City Manager, and
each such official has not adjusted the matter to the
appellant's satisfaction.
(c) No right of appeal to the Council from any
administrative decision made by an official of the City
pursuant to any of the provisions of this Code shall exist
when such decision is ministerial and thus does not involve
the exercise of administrative discretion or personal
judgment exercised pursuant to any of the provisions of this
Code, whether the administrative decision involves the
denial, suspension, or revocation of a permit or any other
administrative decision. Also, there shall be no such right
of appeal with regard to law enforcement activities
involving State law.
2.04.110 Notice of appeal: Time limit --
Contents. (a) Any such notice of appeal shall not be acted
upon unless filed within ten days after service of written
notice of such action appealed from, provided that if such
notice of action has not been served in writing the
appellant may, within ten days after being apprised of such
action, demand service of written notice thereof, and shall
have ten days following such service in which to file the
notice of appeal.
(b) The notice of appeal shall set forth (1) the
specific action appealed from, (2) the specific grounds of
the appeal and (3) the relief or action sought from the City
Council. In the event any notice of appeal fails to set
forth any information required by this section, the City
Clerk shall return the same to the appellant with a
statement of the respects in which it is deficient, and the
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appellant shall thereafter be allowed five days in which to
perfect and refile the notice of appeal.
^^ (c) Except in those instances where an appeal is
filed by the City Manager or other public official in
pursuance of official duties, the written notice of appeal
from the action of an administrative official or from an
administrative body of the City, as the case may be, shall
be accompanied by such fee as may have been established by
resolution of the City Council.
2.04.120 Appeals: Hearings: Notices. Upon the
timely filing of a notice of appeal in proper form, the City
Clerk shall schedule the matter promptly upon the City
Council agenda at a subsequent regular meeting and shall
cause notice thereof to be given to the appellant not less
than five days prior to such hearing, unless such notice is
waived in writing by the appellant. The City Clerk shall
also cause a copy of the notice of appeal to be transmitted
to the official or body whose action has been appealed from.
2.04.130 Appeals: Hearings. (a) The City
Council at the hearing may limit participation in the
hearing to the directly interested parties, or may allow
participation by the public. Such public participation,
however, shall only be appropriate when the Council deems
the same necessary in the public interest. If a hearing is
ordered open to public participation, notice thereof shall
be given.by publishing notice of the same in a newspaper of
general circulation in the City not less than five days
prior to the date of such hearing, and by such other means
as the City Council deems necessary.
(b) At the time of consideration of the appeal by
the City Council the appellant shall be limited to a
presentation on the specific grounds of appeal and matters
set forth in his notice of appeal and shall have the burden
of establishing cause why the action appealed from should be
altered, reversed or modified. The Council may continue the
matter from time to time; and at the conclusion of its
consideration may affirm, reverse or modify the action
appealed from and may take any action which might have been
legally taken in the first instance by the official or body
from whose action the appeal has been taken. In ruling on
the appeal the finding and action of the Council shall be
final and conclusive in the matter.
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Chapter 2.06
e BOARDS AND COMMISSIONS -- GENERAL PROVISIONS
Sections:
2.06.010 General rules regarding Commissions
2.06.020 Chairpersons, vice -chairpersons --
Selection Terms.
2.06.010 General rules re arding Commissions.
(a) Any member of a board or commission of this City may be
removed from office at any time, with or without cause, by a
majority vote of the City Council, except in cases where the
Mayor or City Council are not the appointing authority (in
which cases such regular appointing authority may exercise
this power of removal). If a member absents himself without
advance permission of the board or commission or of his
appointing authority, from three consecutive regular
meetings or from twenty-five percent of the duly scheduled
meetings of the board or commission within any fiscal year,
his office shall thereupon become vacant -and shall be filled
as any other vacancy. Except in cases where the Mayor or
City Council are not the appointing authority, no person
shall be appointed to and serve substantially more than two
full consecutive terms upon any single board or commission,
and any person who has served substantially two full
consecutive terms shall not be reappointed to the same board
or commission until at least the time equal to one full term
has elapsed.
(b) Unless otherwise provided by law, or by
ordinance or resolution of the City Council, all members of
boards and commissions of the City appointed by the City
Council shall be initially, and during their incumbencies,
bona fide residents and registered voters of the City, and
no such member at or during such time shall be an employee
of the City.
2.06.020 Chairpersons, vice -chair ersons -
Selection -- Terms. Unless otherwise provided by law, or by
ordinance or resolution, each board and commission of the
City shall annually at its first meeting held after June 30,
choose one of its number as chairperson and one as vice -
chairperson. Each chairperson and vice -chairperson shall
have authority and perform such duties as are commonly
associated with their respective titles, or as may be
specially prescribed by 1aw or by the by-laws or other rules
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of the board or commission. Vacancies in either such
.� position occurring prior to July 1 may be filled as in the
first instance, and a new chairperson or vice -chairperson
may be chosen at any time by majority vote of all members of
the board or commission.
Sections:
Chapter 2.08
CITY MANAGER
2.08.010 Office created - Term.
2.08.020 Eligibility.
2.08.030 Compensation.
2.08.040 Expense reimbursement.
2.08.050 Designation of acting City Manager.
2.08.060 Powers and duties.
2.08.070 Relations with Council.
2.08.080 Departmental cooperation.
2.08.090 Attendance at commission meetings.
2.08.100 Removal: Method - Notice.
2.08..110 Removal: Hearing.
2.08.120 Removal: Suspension pending hearing.
2.08.130 Removal: Council discretion.
2.08.140 Removal: Limitation.
2.08.150 Willful misconduct -- Determination.
2.08.160 Willful misconduct -- Defined.
2.08.170 Agreements with Council.
2.08.010 Office created - Term. The office of the
City Manager is created and established. The City Manager
shall be appointed by the City Council wholly on the basis
of administrative and executive ability and
qualifications. The City Manager shall hold office for and
during the pleasure of the City Council.
2.08.020 Eligibility. No memb<--- of the City
Council shall be eligible for appointment. as City Manager
until one year has elapsed after such Councilmember has
ceased to be a member of the City Council.
2.08.030 Compensation. The City Manager shall
receive such compensation and expense allowances as the City
Council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the City as the Council shall designate.
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2.08.040 Expense Reimbursement. The City Manager
shall be reimbursed for all actual and necessary expenses
incurred by him in the performance of his official duties,
!"^ including those incurred when traveling on business
pertaining to the City.
2.08.050 Designation of Acting City Manager. The
Assistant City Manager shall serve as manager pro tempore
during any temporary absence of disability of the City
Manager. In the event there is no Assistant City Manager to
so act, the City Manager, by a letter filed with the City
Clerk, shall designate a qualified City administrative
officer to exercise the powers and perform the duties of
Manager during his temporary absence or disability. The
City Council may appoint an Acting City Manager.
2.08.060 Powers and duties. The City Manager
shall be the administrative head of the government of the
City under the direction and control of the City Council
except as otherwise provided in this chapter. The City
Manager shall be responsible for the efficient
administration of all affairs of the City which are under
his control. In addition to his general powers as-
administrative
sadministrative head, and not as a limitation thereon, he
shall be expected to, and shall have the power to:
(1) Enforce all laws and ordinances of the City
and to see that all franchises, contracts, permits and
privileges granted by the City Council are faithfully
observed;
(2) Appoint, remove, promote and demote any and
all officers and employees of the City except elected
officers and the City Attorney, subject to all applicable
personnel rules and regulations which may be adopted by the
City Council;
(3) Control, order and give directions to all
department heads who are subject to his appointment and
removal authority, and to subordinate officers and employees
of the City under his jurisdiction through their department
heads;
(4) Conduct studies and effect such organization
and reorganization of offices, positions or units under his
direction as may be indicated in the interest of efficient,
effective and economical conduct of the City's business;
(5) Recommend to the City Council for adoption
such measures and ordinances as he deems necessary.
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(6) Attend all meetings of the City Council unless
excused therefrom by the Mayor individually or the City
Council as a whole, except when his removal is under
consideration;
(7) Prepare and submit the proposed annual budget
and the proposed annual salary plan to the City Council for
its approval;
(8) Direct and supervise all the purchasing
activities of the City;
(9) Keep the City Council at all times fully
advised as to the financial condition and needs of the City;
(10) Make investigations into the affairs of the
City and any department or division thereof and any contract
of the proper performance of any of the obligations of the
City; and further to investigate all complaints in relation
to matters concerning the administration of the City
government and in regard to the service maintained by public
utilities in the City;
(11) Exercise general supervision over all public
buildings, public parks and all other public properties
which are under the control and jurisdiction of the City
Council;
(12) Have the same authority as the Mayor (as
conveniences to the parties may dictate) to sign documents
specified in Section 40602 of the Government Code of the
State whenever such documents have been approved by the City
Council for execution by resolution, motion, minute order or
other appropriate action; and
(13) Perform such other responsibilities and
exercise such other powers as may be delegated to him from
time to time by ordinance or resolution or other official
action of the City Council.
2.08.070 Relations with Council. The City Council
and its members shall deal with the administrative services
of the City only through the City Manager, except for the
purpose of inquiry, and neither the City Council nor any
member thereof shall give orders to any subordinates of the
City Manager. For purposes hereof, "inquiry" means any and
all communications short of giving orders, directions or
instructions to any member of the administrative staff.
Such members shall give all information reasonably requested
by any Councilmember. The City Manager shall take his
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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
r^ instructions to the City Manager. The City Council shall
instruct the City Manager in matters of policy. Any action,
determination or omission of the City Manager shall be
subject to review by the City Council. The City Council may
not overrule, change or modify any such action,
determination or omission except by the affirmative vote of
at least three members of the City Council.
2.08.080 Departmental cooperation. It shall be
the duty of all subordinate officers and the City Attorney
and City Clerk to assist the City Manager in administering
the affairs of the City efficiently, economically and
harmoniously.
2.08.090 Attendance at commission meetin s. The
City Manager may attend any and all meetings of the planning
commission, and any other commission, board or committee
created by the City Council, upon his own volition or upon
direction of the City Council. At such meeting which the
City Manager attends, he shall be heard by such commissions,
boards or committees as to all matters upon which he wishes
to address the members thereof. He shall inform such
members as to the status of any matter being considered by
the City Council, and he shall cooperate to the fullest
extent with members of all commissions, boards or committees
appointed by the City Council.
2.08.100 Removal: Method - Notice. The removal
of the City Manager shall be effected only by a majority
vote of the whole Council as then constituted, convened in a
regular Council meeting.
2.08.110 Agreements with Council. Nothing in this
chapter shall be construed as a limitation on the power or
authority of the City Council to enter into any supplemental
agreement with the City Manager delineating additional terms
and conditions of employment not inconsistent with any
provisions of this chapter.
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Chapter 2.10
CITY CLERK
Sections:
2.10.010 Authority for office.
2.10.020 Compensation.
2.10.030 Functions.
2.10.010 Authority for office. The office of the
City Clerk is established pursuant to Section 36501 of the
Government Code of the State.
2.10.020 Compensation. The City Clerk shall
receive such compensation and expense allowance as the City
Council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the City as the City Council shall designate.
2.10.030 Functions. The City Clerk shall have all
of the powers, duties, and responsibilities granted to and
imposed upon the office of the City Clerk by the provisions
of Chapter 2 of Part 3 of Division 3 of Title 4 of the
Government Code of the State, other general laws of the
State, the provisions of this Code, and the ordinances and
resolutions of the City Council.
to: The principal functions of the City Clerk shall be
(1) Attend all meetings of the City Council and be
responsible for the recording and maintaining of a record of
all the actions of the Council;
(2) Keep all ordinances and resolutions of the
Council in such a manner that the information contained
therein will be readily accessible and open to the public.
The City Clerk shall attach to the original copy of each
ordinance a certificate which shall state the date the
ordinance was adopted and, as to an ordinance requiring
publication, that the ordinance has been published or posted
in accordance with law;
(3) Keep all records of the Council and of the
office of the City Clerk in such manner that the information
contained therein will be readily accessible and open to the
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public until such time as any of the records may be
destroyed, or reproduced and the original destroyed, in
accordance with State law;
records; (4) Serve as the official custodian of all City
(5) Be the custodian of the seal of the City;
(6) Prepare the Council agendas, in conjunction
with and under the direction of the City Manager;
(7) Perform the duties prescribed by the Elections
Code of the State in conducting municipal elections;
(8) Perform the duties imposed upon City Clerks by
the California Political Reform Act;
(9) Be responsible for the publication of all the
official advertising for the City;
(10) Be responsible for the maintenance and
distribution of the Municipal Code;
(11) Process all claims filed against the City and
its officers, agents, or employees, pursuant to the
provisions of Chapter 1 of Part 3 of Division 3 of Title 1
of the Government Code of the State and Chapter 3.16 of
Title 3 of this Code;
(12) To perform the financial and accounting duties
imposed upon the City Clerk by Section 40802 through 40805
of the California Government Code; and
(13) Perform such other duties consistent with this
Code as may be required of the City Clerk, by the City
Council.
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Sections:
2.15.010
2.15.020
2.15.030
Chapter 2.15
CITY TREASURER
Authority for office.
Compensation.
Functions.
2.15.010 Authority for office. The office of the
City Treasurer is established pursuant to Section 36501 of
the Government Code of the State.
2.15.020 Compensation. The City Treasurer shall
receive such compensation and expense allowance as the City
Council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the City as the City Council shall designate.
2.15.030 Functions. The City Treasurer shall
perform such duties as are prescribed by Sections 41000
through 41007 of the Government Code of the State and by any
other provisions of law applicable to deposit and investment
and safekeeping of public funds of the City.
Sections:
Chapter 2.16
CITY ATTORNEY
2.16.010 Office created.
2.16.020 Compensation.
2.16.030 Functions.
2.16.010 Office created. The office of the City
Attorney is hereby established. It shall consist of the
City Attorney and such assistants as may be authorized by
the Council. The City Attorney shall administer the office
and be responsible for the successful performance of its
functions. He shall serve under the direct supervision and
control of the Council as its legal advisor.
The Council may retain or employ other attorneys,
assistants, or special counsel as may be needed to take
charge of any litigation or legal matters or to assist the
City Attorney therein.
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2.16.020 Compensation. The City Attorney shall
receive such compensation and expense allowance as the City
Council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the City as the City Council shall designate.
2.16.030 Functions. The functions of the office
of the City Attorney shall be to:
(1) Advise the Council and all City officers in
all matters of law pertaining to their offices;
(2) Furnish legal service at all meetings of the
Council, except when excused or disabled, and give advice or
opinion on the legality of all matters under consideration
by the Council or by any of the boards and commissions or
offers of the City;
(3) Prepare and/or approve all ordinances,
resolutions, agreements, contracts and other legal
instruments as shall be required for the proper conduct of
the business of the City and approve the form of all
contracts and agreements and bonds given to the City; and
(4) Perform such other legal duties as may be
required by the Council or as may be necessary to complete
the performance of the foregoing functions.
Chapter 2.20
DISASTER RELIEF
2.20.010 General purposes.
2.20.020 Definitions.
2.20.030 Disaster corps.
2.20.040 Disaster corps -- Activation.
2.20.050 Disaster director.
2.20.060 Disaster director - Powers and duties.
2.20.070 Office of disaster preparedness.
2.20.080 Powers on succession.
2.20.090 Orders by members of disaster corps.
2.20.100 Line of succession for Councilmembers.
2.20.110 Emergency operating centers.
2.20.120 Prohibited acts during emergencies.
2.20.180 Proclamation of emergency --
Determination -- Authority.
2.20.190 Proclamation of emergency --'Effective
when -- Term.
2.20.200 Proclamation of emergency -- Rules and
regulations -- Powers of City Manager.
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2.20.210 Requisition
2.20.220 Termination
2.20.230 Penalty for
of equipment or personnel.
of emergency.
violation.
2.20.010 General purposes. The purposes of this
chapter are to provide for the preparation and carrying out
of plans for the protection of persons and property within
the City in the event of the emergency or disaster
conditions hereinafter referred to; the direction of the
disaster organization; and the coordination of the disaster
functions of the City with the County and with all other
public agencies, corporations, organizations, and affected
private persons.
2.20.020 Definitions. As used in this chapter:
(1) "State of war emergency" means the condition
which exists immediately, with or without a proclamation
thereof by the Governor, whenever this State or nation is
attacked by an enemy of the United States, or upon receipt
by the State of a warning from the federal government
indicating that such an enemy attack is probable or
imminent;
(2) "State of emergency" means the duly proclaimed
existence of conditions of disaster or of extreme peril to
the safety of persons and property within the State caused
by such conditions as air pollution, fire, flood, storm,
epidemic, riot or earthquake or other conditions, other than
conditions resulting from a labor controversy or conditions
causing a "state of war emergency," which conditions, by
reason of the magnitude, are or are likely to be beyond the
control of the services, personnel, equipment, and
facilities of any single county, City and county, or City
and require combined forces of a mutual aid region or
regions to combat;
(3) "Local emergency means the . existence of
conditions of disaster or of extreme peril to the safety of
*� persons and property within the territorial limits of a
county, City and county, or City, caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot or
earthquake or other conditions, other than conditions
resulting from a labor controversy, which conditions are or
are likely to be beyond the control of the services,
personnel, equipment, and facilities of that political
subdivision and require the combined forces of other
political subdivisions to combat;
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(4) Other terms used herein shall have meanings as
used in the California Emergency Services Act.
2.20.030 Disaster corps. The City disaster corps
consists of all officers and employees of the City and its
agencies, together with all volunteers and all groups,
organizations and persons commandeered under the provisions
of the California Emergency Services Act and this chapter,
with all equipment and material publicly owned, volunteered,
commandeered or in any way under the control of the
aforementioned personnel, for the support of the
aforementioned personnel in the conduct of disaster
operations. The disaster corps shall be composed of such
elements as are provided for in the disaster operations plan
of the City. The officers of the City shall have the
authority and duty to plan for mobilization, operation and
support of that segment of the disaster corps for which each
is responsible as provided for in the disaster operations
plan of the City, and to conduct the activities thereof.
2.20.040 Disaster corps -- Activation. The
-disaster corps shall be activated and shall function as a
disaster relief body, only:
(1) Upon the existence of a "state of war
emergency";
(2) Upon the declaration by the Governor of the
state, or of persons authorized to act in this stead, of a
"state of emergency" affecting and including the City;
(3) Upon the declaration of a "local emergency" by
the Board of Supervisors of Los Angeles County, or by
persons authorized to act in its stead, affecting and
including the City; or
(4) Upon the declaration of a "local emergency" by
the City Council of the City, or by persons herein
authorized to act in its stead.
2.20.050 Disaster director. The City Manager
shall be the disaster director. In the absence, or
inability to act, of the City Manager, he shall
automatically be succeeded as disaster director by the
officials and persons named for this purpose, and in the
order specified, in the disaster operations plan of the
City.
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2.20.060 Disaster director -- Powers and duties.
The disaster director -shall have the following powers and
duties:
(1) To make key appointments, and to make all
other appointments or delegate the making of the same,
within the disaster corps;
(2) To request the City Council to proclaim the
existence of a "local emergency" if said Council is in
session, or to issue such proclamation if said Council is
not in session. Whenever a "local emergency" is proclaimed
by the director, the City Council shall have taken action to
ratify the proclamation within seven days thereafter or the
proclamation shall have no further force or effect;
(3) During the existence of a "state of war
emergency," or a "local emergency" affecting.the City, to:
(A) control and direct the activities of the
City disaster corps;
(B) Use all City resources for the
preservation of life and property and to reduce the effects
of disaster;
(C) Resolve questions of authority and
responsibility that may arise in disaster operations;
(D) Obtain vital supplies, equipment and
other resources needed for the preservation of life and
property by either binding the City for the fair value
thereof or by commandeering same;
(E) Delegate to elected and appointed
officials of the City such duties and authorities as he
deems necessary;
(F) Make and issue rules and regulations on
matters reasonably related to the protection of life and
property as affected by any conditions proclaimed as
provided herein;
(G) Require emergency services of any City
officer or employee and to command the aid of as many
citizens of the City has he thinks necessary in the
execution of his duties;
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(H) Exercise complete authority over the City
and to exercise all police power vested in the City by the
,,. Constitution and general laws;
(4) In addition to the powers granted herein, the
director shall have such powers incidental to the
performance of his duties as said director as shall be
necessary to allow him to carry out the disaster operations
plan of the City, it being the intent of this chapter that
the enumerated powers herein are not intended to be
limitations upon his powers.
2.20.070 Office of disaster preparedness. There
is created the City office of disaster preparedness which
shall consist of such positions as may be established by the
City Manager.
2.20.080 Powers of succession. Each person who
shall succeed to each position or office as provided herein,
and as provided in the disaster operations plan of the City
shall succeed to all the powers and duties of the office
succeeded to immediately upon such succession.
2.20.090 Orders by members of disaster corps.
During the existence of a "state of war emergency" or of a
proclaimed "state of emergency" or "local emergency"
affecting the City, each member of the City disaster corps
shall have authority to require that all persons shall
follow reasonable orders given by him within the scope of
his functions in order to execute the disaster operations
plan of the City, and the willful failure of any person to
follow such reasonable order or orders is a misdemeanor.
2.20.100 Line of succession for Councilmembers.
The line of succession for the position of Mayor during a
state of emergency, war emergency, local emergency or other
condition of disaster, unless otherwise ordered by the City
Council, shall be Mayor pro tempore followed by the
remaining City Councilmembers in the order of their
seniority, excluding standby successors who may have been
appointed pursuant to Section 8638 of the Government Code of
the State.
2.20.110 Emergency o eratin centers. Unless
exigencies render the same impossible or unduly hazardous to
safety, two emergency operating centers shall normally be
maintained within the City; one of these at the City hall,
and the other at the police headquarters.
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2.20.120 Prohibited acts during emergencies. It
is a criminal act and a misdemeanor, for any person during a
state of emergency, war emergency, local emergency or other
condition of disaster:
(1) Willfully to obstruct, hinder or delay any
member of the City disaster corps in the enforcing of any
law or lawful rule, regulation or order issued pursuant to
this chapter, or in the performance of any duty imposed upon
such disaster corps member by virtue of this chapter;
(2) To do any act forbidden by any lawful rule,
regulation or order issued pursuant to this chapter if such
is of such a nature as to give, or be likely to give,
assistance to the enemy, or to imperil life or property, or
to prevent, hinder or delay the defense or protection of
persons or property;
(3) To wear, carry or display, without authority,
any means of identification specified by the emergency
services of disaster or civil defense agencies of the
federal or state governments.
2.20.180 Proclamation of emergency --
Determination -- Authority. Whenever riots, general civil
disobedience, multiple law violation or the threat of the
same occur in the City, the City Manager, or in the event of
his inability to act, the chief of police, may determine
that a local emergency exists. At such time the City
Manager shall forthwith proclaim in writing the existence of
a state of local emergency. Also he shall cause widespread
publicity and notice to be given to such proclamation.
2.20.190 Proclamation of emer ency -- Effective
when -- Term. The proclamation of local emergency provided
herein sha11 become effective immediately upon its issuance
and shall be disseminated to the public by appropriate news
media. Such a state of local emergency shall exist from the
time the proclamation of emergency is issued until such time
as it is similarly and duly terminated by the City Manager.
2.20.200 Proclamation of emergency -- Rules and
regulations -- Powers of City Mana er. After the issuance
of a proclamation of local emergency the City Manager shall
have the power to make, issue and enforce rules and
regulations on matters reasonably related to the protection
of life and property as affected by said emergency;
provided, however, such rules and regulations shall be
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confirmed as soon as practicable by the City Council. The
City Manager is granted but shall not be limited to the
r^* following powers:
(1) CURFEW. The City Manager may order a general
curfew applicable to the entire City or such geographical
areas thereof as he deems necessary to protect the public
health, safety, welfare and morals.
As used herein "curfew" means a prohibition against
any person or persons walking, running, loitering, standing,
riding or motoring upon any alley, street, highway, public
property or private property except as authorized by the
owner, lessee or person in charge of such private
property. Persons officially delegated to duty with
reference to such civil emergency and representatives of
news media, physicians, nurses, ambulance operators
performing medical services, utility personnel maintaining
essential public services, firemen and law enforcement
officers and other such personnel as well as those
specifically authorized to duty by duly delegated authority
are exempted from the foregoing curfew requirements;
(2) BUSINESS CLOSING. The City Manager may order
the closing of any business establishments anywhere within
the City, such businesses to include but not be limited to
those selling alcoholic beverages, gasoline or firearms;
(3) ALCOHOLIC BEVERAGES. The City Manager may
order that no person shall consume any alcoholic beverages
in a public street or place which is publicly owned or in
any other public or private area on which the consumption of
such alcoholic beverages shall be found by the City Manager,
on just cause, to precipitate a clear and present danger to
the well-being of the community during the emergency;
(4) WEAPONS. The City Manager may order that no
persons shall carry or possess any gun, bomb, fire bomb,
knife, rock or other such weapon or item, the use of which
would tend to inflict great bodily harm on persons or damage
to property;
(5) The City Manager may designate any public
street, thoroughfare or vehicular parking area closed to
motor vehicles and pedestrian traffic during the course of
such an emergency.
The foregoing specific authorizations of authority
vested in the City Manager and other such authorizations as
deemed necessary during such emergencies are declared to be
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imminently necessary for the protection of life and property
during such period.
2.20.210 Requisition of equipment or personnel.
Once a proclamation of emergency is issued, the City Manager
may request the Governor for all necessary assistance,
requisition necessary personnel or materials from any City
department or other source, control and direct all City
personnel and equipment, obtain vital supplies and such
other properties found lacking and needed for the protection
of life and property of the people, and bind the City for
the fair value thereof, and if required, commandeer
immediately such property, equipment and personnel necessary
for the public use during the term of the emergency.
The City Manager may also require emergency
services of any City official or employee and may command
the aid of as many citizens of this City as he determines to
be necessary in the execution of his duties. Such person
shall be entitled to all privileges, benefits and immunities
as are provided by State or local law for registered civil
defense and disaster worker volunteers.
2.20.220 Termination of emergency. Any state of
local emergency proclaimed in accordance with the provisions
of this chapter shall terminate after forty-eight hours from
the issuance thereof or upon the issuance of a proclamation
terminating the emergency by the City Manager, whichever
occurs first; provided, however, that such emergencies may
be extended for additional periods of time as termed
obligatory by the City Manager.
2.20.230 Penalty for violation. Any person
violating the provisions of this chapter or executive order
issued pursuant hereto is guilty of a misdemeanor.
Chapter 2.50
ADMINISTRATIVE MANDAMUS: STATUTE OF LIMITATIONS
Sections:
2.50.010 Administrative decisions - Judicial
review: Time limits.
2.50.020 Decisions affected.
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2.50.010 Administrative decisions - Judicial
review: Time limits. The provisions of Section 1094.6 of
the Code of Civil Procedure of the State are hereby adopted
by the City Council, and said provisions are hereby made
applicable in the City as further specified in Section
2.50.020 of this chapter.
2.50.020 Decisions affected. The provisions of
this chapter shall be applicable to "decisions", as defined
by Section 1094.6 of the Code of Civil Procedure of the
State, that are final on and after
Sections:
Chapter 2.55
HOLIDAYS OBSERVED BY THE CITY
2.55.010 Holidays observed by the City.
2.55. -010 Holidays observed by the City. (a)
Excluding those offices which must remain open for the
continuation of essential public services such as police and
fire protection, the public offices of the City shall be
closed on Saturdays and Sundays, and on the following
holidays:
(1) New Year's Day (January 1)
(2) Washington's Birthday (Third Monday in
February)
(3) Memorial Day (Last Monday in May)
(4) Independence Day (July 4)
(5) Labor Day (First Monday in September)
(6) Veteran's Day (November 11)
(7) Thanksgiving Day (Fourth Thursday in November)
(8) Friday following Thanksgiving Day
(9) Christmas Day (December 25)
(b) Holidays falling on Sunday will be observed on the
following Monday. Holidays falling on Saturday shall be
observed on the preceding Friday.
(c) Other holidays may be designated by resolution or
ordinance of the City Council.
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,,., (d) Notwithstanding the foregoing provisions of this
section, the City Manager shall be authorized, by
administrative regulation or otherwise, to direct that all
or a portion of the public offices of the City shall remain
open for business, on a full or reduced staff basis, on any
of the days or holidays prescribed above, when he determines
it to be necessary in the public interest to do so.
Title 3
REVENUE AND FINANCE
Chapters:
3.08 Investment of _Moneys and Funds
3.10 Collection of Debts to the Citv
Cla
anster
en
reet
Transfer Tax
Chapter 3.08
INVESTMENT OF MONEYS AND FUNDS
Sections:
3.08.010 Investment of City moneys and deposit of
securities.
3.08.020 Authorized investments.
3.08.030 Sales of securities.
3.08.040 City bonds.
3.08.050 Reports.
3.08.060 Deposits of securities.
3.08.070 Trust fund administration.
3.08.010Investment of City moneys and de osit of
securities. Pursuant to, and i.n accordance with, and to the
extent allowed by, Sections 53607 and 53608 of the
Government Code, the authority to invest and reinvest moneys
of the City, to sell or exchange securities, and to deposit
them and provide for their safekeeping, is delegated to the
City Treasurer.
3.08.020 Authorized investments. Pursuant to the
delegation of authority in Section 3.08.010, the City
Treasurer is authorized to purchase, at their original sale
or after they have been issued, securities which are
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permissible investments under any provision of State law
relating to the investing of general City funds, including
but not limited to Sections 53601 and 53635 of the
Government Code, as said sections now read or may hereafter
be amended, from moneys in his custody which are not
required for the immediate necessities of the City and as he
may deem wise and expedient, and to sell or exchange for
other eligible securities and reinvest the proceeds of the
securities so purchased.
3.08.030 Sales of securities. From time to time
the City Treasurer shall sell the securities in which City
moneys have been invested pursuant to this chapter, so that
the proceeds may, as appropriate, be applied to the purchase
for which the original purchase money may have been
designated or placed in the City treasury.
3.08.040 City bonds. Bonds issued by the City and
purchased pursuant to this chapter may be canceled either in
satisfaction of sinking fund obligations or otherwise if
proper or appropriate; provided, however, that said bonds
may be held uncancelled and while so held may be resold.
3.08.050 Reports. The City Treasurer shall make a
monthly report to the City Council of all investments made
pursuant to the authority delegated in this chapter.
3.08.060 Deposits of securities. Pursuant to the
delegation of authority in Section 3.08.010, the City
Treasurer is authorized to deposit for safekeeping, the
securities in which City moneys have been invested pursuant
to this chapter, in any institution or depository authorized
by the terms of any State law, including but not limited to
Section 53608 of the Government Code as it now reads or may
hereafter be amended. In accordance with said section, the
City Treasurer shall take from such institution or
depository a receipt for the securities so deposited and
shall not be responsible for such securities delivered to
and receipted for by such institution or depository until
they are withdrawn therefrom by the City Treasurer.
3.08.070 Trust fund administration. Any
departmental trust fund established by the City Council
pursuant to Section 36523 of the Government Code shall be
administered by the City Treasurer in accordance with
Section 36523 of the Government Code and any other
applicable provisions of law.
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Sections:
Chapter 3.10
COLLECTION OF DEBTS TO THE CITY
3.10.010 Collection of Debts to the City
3.10.010 Collection of Debts to the City. The
amount of any fee, service charge, utility charge, license,
or tax of any nature whatsoever imposed by this Code or by
any other resolution, ordinance, rule, regulation or in any
other fashion by the City of Santa Clarita shall be deemed a
civil debt owing to the City. An action may be commenced.in
the name of the City in any court of competent jurisdiction
for the collection of the amount of any such delinquent or
unpaid fee, service charge, utility charge, license, or tax,
together with any penalties applicable thereto as prescribed
by this Code or any other enactment. Such action may also
be commenced for the collection of any other amount or debt
determined to be due the City on account of any contractual
obligation or on account of any tortious act or conduct by
any person. The remedy prescribed by this section shall be
cumulative, and the use of an action to collect such an
amount as a debt by civil action shall not bar the use of
any other remedy provided by this Code or by law for the
purpose of enforcing the provisions thereof.
Chanter 3.12
PURCHASES
Sections:
3.12.010 Adoption of purchasing system.
3.12.020 Centralized purchasing division.
3.12.030 Purchasing agent.
3.12.040 Purchasing regulations.
3.12.050 Exemptions from centralized purchasing.
3.12.060 Estimates of requirements.
3.12.070 Requisitions.
3.12.080 Purchase orders.
3.12.090 Encumbrance of funds.
3.12.100 Inspection and testing.
3.12.110 Bidding.
3.12.120 Formal (sealed) bid procedures.
3.12.130 Notice inviting formal bids.
3.12.140 Published notice for formal bids.
3.12.150 Approved vendors list.
3.12.160 Bulletin board notice.
3.12.170 Bidder's security.
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3.12.175 Other formal bond requirements.
3.12.180 Formal bid opening procedure.
3.12.190 Rejection of formal bids.
3.12.200 Award of formal bid contracts.
3.12.210 Tie formal bids.
3.12.215 No formal bids.
3.12.230 Open market or informal bid procedure.
3.12.240 Minimum number of informal bids.
3.12.250 Notice inviting informal bids.
3.12.260 Record of informal bids.
3.12.270 Exceptions to competitive bidding
requirement.
3.12.280 Regulations regarding selection of
contract services.
3.12.300 Surplus supplies and equipment.
3.12.310 Surplus supplies --Trade ins.
3.12.320 Surplus supplies --Sale.
3.12.010 Adoption of uichasing system. In order
to establish efficient procedures for the purchase of
supplies and equipment at the lowest possible cost
commensurate with quality needed, to exercise positive
financial control over purchases to clearly define authority
for the purchasing function and to assure the quality of
purchases, a purchasing system is adopted.
3.12.020 Centralized purchasin division. There
is created a centralized purchasing division in which is
vested authority for the purchase of supplies and equipment.
3.12.030 Purchasing agent. There is created the
position of purchasing agent, who may also be known as the
purchasing officer and shall be the City Manager. The
purchasing agent shall be the head and have general
supervision of the purchasing division. The duties of
purchasing agent may be combined with those of any other
office or position. The purchasing_ agent shall have the
authority to:
(1) Purchase or contract for supplies and
equipment required by any using agency in accordance with
purchasing procedures prescribed by this chapter, such
administrative regulations as the purchasing agent shall
adopt for the internal management and operation of the
purchasing division and such other rules and regulations as
shall be prescribed by the City Council or the City Manager;
(2) Negotiate and recommend execution of contracts
for the purchase of supplies and equipment;
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(3) Act to procure for the City the needed quality
in supplies and equipment at least expense to the City;
(4) Discourage uniform bidding and endeavor to
obtain as full and open competition as possible on all
purchases;
(5) Prepare and recommend to the City Council
rules governing the purchase of supplies and equipment for
the City;
(6) Prepare and recommend revisions and amendments
to the purchasing rules;
(7) Keep informed of current developments in the
field of purchasing, prices, market conditions and new
products;
(8) Prescribe and maintain such forms as are
reasonably necessary for the operation of this chapter and
other rules and regulations;
(9) Supervise the inspection of all supplies and
equipment purchased to insure conformance with
specifications;
(10) Recommend the transfer of surplus or unused
supplies and equipment between departments as needed;
(11) Maintain an approved vendors list, vendors'
catalog file and records needed for the efficient operation
of the purchasing division.
3.12.040 Purchasing re ulations. The purchasing
agent shall be responsible for determining that the
regulations and procedures in Sections 3.12.050 through
3.12.110 are carried out.
3.12.050 Exemptions from centralized purchasing.
The City Manager may authorize, in writing, any department
to purchase specified supplies and equipment independently
of the purchasing division; but he shall require that such
purchases shall be made in conformity with the procedures
established by this chapter and shall further require
periodic reports from the department on the purchases made
under such written authorization.
3.12.060 Estimates of requirements. All using
departments shall file detailed estimates of their
requirements in supplies and equipment in such manner, at
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such time, and for such future periods as the purchasing
agent shall prescribe.
3.12.070 Requisitions. Using departments shall
submit requests for supplies and equipment to the purchasing
agent by standard requisition form, or by other means as may
be established by the purchasing rules and regulations.
3.12.080 Purchase orders. Purchases or supplies
and equipment shall be made only by purchase orders. Except
as otherwise provided herein, no purchase order shall be
issued unless the prior approval of the purchasing agent or
his designated representative has been obtained.
3.12.090 Encumbrance of funds. Except in cases of
emergency, the purchasing agent shall not issue any purchase
order for supplies or equipment unless there exists an
unencumbered appropriation in the fund account against which
said purchase is to be charged.
3.12.100 Inspection and testing. The purchasing
agent shall, i his discretion, inspect supplies and
equipment delivered to determine their conformance with the
specifications set forth in the order. The purchasing agent
shall have authority to require chemical and physical tests
of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and
conformance with specifications.
3.12.110 Bidding. Purchases of supplies and
equipment shall be by bid procedures pursuant to Sections
3.12.120 through 3.12.260. Bidding may be dispensed with
only under conditions Stated in Section 3.12.270.
3.12.120 Formal (sealed) bid procedures. Except
as otherwise provided herein., public projects, as defined in
Section 37901 of the California Gcvernment Code and
purchases of supplies and equipment of an estimated value
greater than Five Thousand Dollars ($5,000.00) shall be
^, awarded to the lowest responsible bidder pursuant to the
formal bid procedure hereinafter prescribed.
3.12.130 Notice inviting formal bids. Notices
inviting formal bids shall include a general description of
the article or service desired, shall State where bid
documents and specifications may be secured, and the time
and place for opening bids.
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3.12.140 Published notice for formai bids.
Notices inviting formal bids shall be published at least ten
days prior to the date of opening of the bids. Notices
shall be published at least once for non-public projects and
at least twice, not less than five days apart for public
projects, in a newspaper of general circulation in the City.
3.12.150 Approved vendors list. The purchasing
agent shall also solicit formal sealed bids from responsible
suppliers whose names are on the approved vendors list, or
who have made written request that their names be added
thereto.
3.12.160 Bulletin board notice. The purchasing
agent shall advertise the pending formal purchases by
posting a notice on the public bulletin board at the City
offices.
3.12.170 Bidder's security. When a public project
is involved, and in other cases where deemed necessary by
the purchasing agent, formal bids shall be accompanied by
security, either cash, cashier's check, certified check or
surety bond, in a sum equal to ten percent of the total
aggregate of the bid, and shall be designated in the notice
inviting bids. Bidders shall be entitled to return of bid
security; provided, however, that a successful bidder shall
forfeit his bid security upon his refusal or failure to
execute the contract within ten days after the notice of
award of contract has been mailed, unless the City is solely
responsible for the delay in executing the contract. The
City Council may, on refusal or failure of the successful
bidder to execute the contract, award it to the next lowest
responsible bidder who is willing to execute the contract,
or may reject all bids and readvertise.
3.12.175 Other formal bond requirements. A
faithful performance bond and labor and material bond shall
be required for all public projects, unless waived by the
City Council, in an amount reasonably necessary to protect
the best interest of the City. In addition, the City
Council shall have authority to require a faithful
performance bond or other bonds before entering into a
contract other than a public project contract. If bonds are
required, the form and amount thereof shall be designated in
the notice inviting bids.
3.12.180 Formal bid ooening procedure. Sealed
bids shall be submitted to the purchasing agent and shall be
identified as "bids" on the envelope. The purchasing
officer, or designee, shall publicly open all bids at the
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time and place Stated in the public notices. A tabulation
.� of all bids received shall be available for public
inspection in the purchasing office during regular business
hours for a period of not less than thirty calendar days
after the bid opening.
3.12.190 Rejection of formal bids. In its
discretion, the City Council may reject any and all bids
presented and may cause readvertising for bids pursuant to
the procedure hereinabove prescribed. However, when all
bids exceed the authorized budgeted amount, the City Manager
may authorize rejection of all bids and authorize rebidding
based upon the original specifications or as they may be
modified, in accordance with procedures prescribed herein.
3.12.200 Award of formal bid contracts. Except as
otherwise provided herein, formal bid contracts shall be
awarded by the City Council to the lowest responsible
bidder. The determination of "lowest responsible bidder"
shall be at the discretion of the City Council pursuant to
findings and recommendations presented by the purchasing
agent at the time of award of contract.
3.12.210 Tie formal bids. If two or more formal
bids received are for the same total amount or unit price,
quality and service being equal, and if the public interest
will not permit the delay of readvertising for bids, the
City Council may in its discretion accept the one it chooses
or accept the lowest bid made by and after negotiation with
the tie bidders at the time of the bid opening or award of
contract.
3.12.215 No formal bids. When no formal bids or
no responsive bids are received, the purchasing officer is
authorized to negotiate for written proposals, and his
recommendation shall be presented to the City Manager and
award, if any, shall be made in accordance with applicable
provisions prescribed herein.
.- 3.12.230 Open market or informal bidrocedure.
Purchases of supplies and equipment of an estimated value in
the amount of Five Thousand Dollars ($5,000.00) or less may
be made by the purchasing agent in the open market pursuant
to the procedure prescribed in Sections 3.12.240 through
3.12.260 and without observing the procedure prescribed in
Sections 3.12.120 through 3.12.215; provided, however, all
bidding may be dispensed with for purchases of supplies and
equipment having a total estimated value of less than One
Thousand Dollars ($1,000.00).
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3.12.240 Minimum number of informal bids. Open
market purchases shall, wherever possible, be based on at
least three informal bids, and shall be awarded to the
bidder offering the most advantageous bid to the City after
consideration of price, quality, durability, servicing,
delivery time, standardization, and other factors.
3.12.250 Notice inviting informal bids. The
purchasing agent shall solicit informal bids by written
requests to prospective vendors, or by telephone, or by
public notice posted on a public bulletin board at the City
offices.
3.12.260 Record of informal bids. The purchasing
agent shall keep a written record of all open market
purchases and informal bids for a period of one year. This
record, while so kept, shall be open to public inspection.
3.12.270 Exceptions to cpm etitive bidding
requirement. Notwithstanding any provision of this chapter
to the contrary, the competitive bidding procedures and
requirements may be dispensed with in any of the following
instances:
(1) When the estimated amount involved is less
than One Thousand Dollars ($1,000.00);
(2) When the commodity can be obtained from only
one vendor;
(3) The City Manager may authorize the purchase of
materials, supplies, equipment and services where an
emergency is deemed to exist and it is determined that
service involving the public health, safety or welfare would
be interrupted if the normal procedure were followed. All
emergency purchases, which would otherwise require formal
bidding procedures, made pursuant to this Section shall be
submitted to the City Council for ratification at the next
regular Council meeting after the purchase is authorized;
(4) The City Council may authorize the execution
of contracts for personal services, for professional and
consultant services, and for other, non-public projects and
for contractual services without observing the bidding
procedures provided herein where the amount of the contract
exceeds the value of Five Thousand Dollars ($5,000.00);
(5) The City Manager is authorized to enter into
contracts for personal services, for professional and
consulting services and for other contractual services
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without observing the bidding procedure provided herein
�. where the amount of the contract does not exceed the amount
of Five Thousand Dollars ($5,000.00); provided there exists
an unencumbered appropriation in the fund account against
which said expense is to be charged;
(6) Any agreement involving acquisition of
supplies, equipment or service entered into with another
governmental entity.
3.12.280Regulations regarding selection of
contract services. The City Council shall, by resolution,
prescribe procedures, rules and regulations governing the
solicitation, selection and award of proposals or bids for
the furnishing of personal services or professional or
consulting services or for other contractual services, the
contracts for which may be awarded without observing the
bidding procedures provided for in this chapter. Such
procedures, rules and regulations shall have as one purpose
the obtaining of contractual services of the highest quality
together with cost-effectiveness.
3.12.300 Surplus s upiplies and equipment. All
using departments shall submit to the purchasing agent, at
such times and in such forms as he shall prescribe, reports
showing all supplies and equipment which are no longer used
or which have become obsolete and worn out.
3.12.310 Surplus sun lies --Trade-ins. The
purchasing agent shall have authority to exchange for or
trade in on new supplies and equipment all supplies and
equipment which cannot be used by any department or which
have become unsuitable for City use.
3.12.320 Surplus su lies --Sale. The purchasing
agent shall also have authority, subject to approval of the
City Manager, to dispose of surplus supplies or equipment by
auction or by sale or otherwise after receiving bids or
proposals which, in his judgment, provide the maximum return
to the City.
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Sections:
Chapter 3.16
DEMANDS AND CLAIMS
3.16.010 Claims for money or damages.
3.16.020 Auditing prerequisite to payment.
3.16.030 Forms --Blanks for demands.
3.16.040 Departmental approval of claims.
3.16.050 Approval by director of finance and
general services.
3.16.060 Prepayment of demands.
3.16.070 Register of demands.
3.16.080 City Council approval.
3.16.090 Record of approved demands.
3.16.010 Claims for money or damages. As a
prerequisite to bringing suit thereon against the City or
any officer, department, commission or board of the City,
any claim for money or damages (including claims which would
otherwise be excepted by Section 905 of the Government Code
of California), which is not governed by any other statutes
or regulations expressly relating thereto, shall be
presented and acted upon in accordance with Title 1,
Division 3.6, Part 3, Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910), of the
Government Code of California. This section shall relate
only to the bringing of suit upon any claim, and shall not
be deemed to apply to the authority of the Director of
Finance and general services, the City Council, and other
officers to process and pay, in the ordinary course of
business, the just obligations of the City, such as routine
salaries and wages, principal and interest on bonds,
payments for purchases, and other like expenditures for
which there is an express budget appropriation, and in
connection with which there is no dispute as to the
obligation and amount being payable.
3.16.020 Audit
uisite to p
payment shall be made from the City treasury
funds of the City unless the demand which is
duly audited as prescribed herein or by other
law.
ayment. No
or out of the
to be paid is
provisions of
3.16.030 Forms --Blanks for demands. Claims
against the City shall be paid on demands on the treasury as
herein provided on forms to be prescribed by the City
Manager.
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3.16.040 Departmental approval of claims. Except
r for tort claims, every claim and demand received against the
City shall be first presented to and approved in writing by
the receiving department or office, which shall certify to
the actual delivery or rendition of the supplies, materials,
property or service for which payment is claimed; that the
quality and prices correspond with the original
specifications and contracts, if any, upon which the claim
is based; that the demand in all other respects is proper
and valid, and which shall further indicate the budgetary
account to which said demand is to be charged.
3.16.050 Approval by City Mana er. Each demand
approved by the receiving department or office shall be
presented to the City Manager who shall satisfy himself
whether:
City; (1) The claim is legally due and owing by the
(2) There are budgeted or otherwise appropriated
funds available to pay said claim;
(3) The claim conforms to a valid requisition or
order;
(4) The prices and computations shown on the claim
are verified;
(5) The claim contains the approval of other
departments and officials as required.
3.16.060 Prepam
yent of demands. (a) Prepayment
of demands prior to audit by the City Council may be made by
the City Manager in conformity with the authority provided
by Section 32708 of the Government Code of the State.
(b) Whenever the City Manager determines that a
refund is due of fees, taxes or other receipts collected in
error or in advance of being earned, or of money the refund
of which is otherwise due pursuant to specific provisions of
this Code or of any other ordinance of this City, then any
such refund shall be deemed as conforming to the currently
approved budget, and may be prepaid in the same fashion as
other demands encompassed within the terms of subsection (a)
of this Section.
3.16.070 Register of demands. Following audit of
demands, the City Manager shall prepare a register of
audited demands showing the claimant's name, amount of
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demand, the warrant number and date thereof, and transmit
said register to the City Council, with approval or other
report.
3_.16.080 City Council approval. The register of
demands shall be presented to the City Council at the next
meeting thereof. The City Council may by resolution
approve, conditionally or partially approve or reject such
register of demands and in connection therewith consider the
recommendations of the City Manager.
3.16.090 Record of approved demands. Following
approval of the register of demands by the City Council, the
Mayor and the City Manager shall endorse the register of
audited demands to signify there was proper processing of
demands therein before the City Council took action.
Chapter 3.17 added by Ordinance No. 12 adopted
2/15/84 re: Payment of Monies.
Sections:
Chapter 3.18
SPECIAL GAS TAX STREET IMPROVEMENT FUND
3.18.010 Created.
3.18.020 Moneys included.
3.18.030 Expenditures.
3.18.010 Created. To comply with the provisions
Of Section 2113 of the Streets and Highways Code of
California and to avail the City of its benefits of Sections
2106 and 2106 of said Code, there is hereby created in the
City treasury a special fund to be known as the "Special Gas
Tax Street Improvement Fund."
3.18.020Moneys included. All moneys received by
the City from the State of California 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 and improvement of streets or
highways by the City shall be paid into said fund.
3.18.030 Expenditures. All moneys in said fund
shall be expended exclusively for the purposes authorized by
and subject to the provisions of the Streets and Highways
Code of California.
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Sections:
Chapter 3.20
TRANSFER OF TAX FUNCTIONS
3.20.010 Assessment and collection of City
taxes by County.
3.20.010 Assessment
by County. Pursuant to, and
51501 of the Government Code
assessment and tax collection
be performed by a City assess
transferred to the Assessor a
of Los Angeles.
and collection of City taxes
in compliance pnce with Section
of the State of California, the
duties which otherwise might
or and tax collector are
nd Tax Collector of the County
Chapter 3.22
REAL PROPERTY DOCUMENTARY TRANSFER TAX
Sections:
3.22.010 Short title --Adoption.
3.22.020 Imposition --Rates.
3.22.030 Payment.
3.22.040 Tax inapplicable to instruments in writing to
secure debts.
3.22.050 Government and its agencies not liable.
3.22.060 Tax inapplicable to conveyances to make
effective plan of reorganization or
adjustment.
3.22.070 Tax inapplicable to make effective order of
Securities and Exchange Commission.
3.22.080 Partnership.
3.22.090 Administration.
3.22.100 Claims for refund.
3.22.010 Short title --Adoption. This chapter
shall be known as the "Real Property Transfer Tax Ordinance
of the City." It is adopted pursuant to the authority
contained in Part 6.7 (commencing with Section 11901) of
Division 2 of the Revenue and Taxation Code of the State.
3.22.020 Imposition --Rates. There is imposed on
each deed, instrument or writing by which any lands,
tenements, or other realty sold within the City shall be
granted, assigned, transferred or otherwise conveyed to, or
vested in, the purchaser or purchasers, or any other person
or persons, by his or their direction, when the
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consideration or value of the interest or property conveyed
A (exclusive of the value of any lien or encumbrances
remaining thereon at the time of sale) exceeds One Hundred
Dollars ($100.00), a tax at the rate of twenty-seven and
one-half cents ($.2712) for each Five Hundred Dollars
($500.00) or fractional part thereof.
3.22.030 Payment. Any tax imposed pursuant to
Section 3.22.020 shall be paid by any person who makes,
signs or issues any document or instrument subject to the
tax, or for whose use or benefit the same is made, signed or
issued.
3.22.040 Tax inapplicable to instruments in
writing to secure debts. Any tax imposed pursuant to this
chapter shall not apply to any instrument in writing given
to secure a debt.
3.22.050 Government and its agencies not liable.
The United States or any agency or instrumentality thereof,
any State or territory, or political subdivision thereof, or
the District of Columbia shall not be liable for any tax
imposed pursuant to this chapter with respect to any deed,
instrument or writing to which it is a party, but the tax
may be collected by assessment from any other party liable
therefor.
3.22.060 Tax inapplicable to conveyances to make
ective plan of reorganization or adjustment. Anv tax
imposea pursuant to this chapter shall not apply to the
making, delivering or filing of conveyances to make
effective any plan of reorganization or adjustment:
amended; (1) Confirmed under the Federal Bankruptcy Act, as
(2) Approved in an equity receivership proceeding
in a court involving a railroad corporation, as defined in
subdivision map of Section 205 of Title 11 of the United
States Code, as amended; or
(3) Approved in an equity receivership proceeding
in a court involving a corporation; as defined in
subdivision (3) of Section 506 of Title 11 of the United
States Code, as amended; or
(4) Whereby a mere change in identity; form or
place of organization is effected.
am
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y.
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Subdivision (1) to (4), inclusive, of this Section
shall only apply if the making, delivery or filing of
instruments of transfer or conveyances occurs within five
years from the date of such confirmation, approval or
change.
3.22.070 Tax inapplicable to make effective order
of Securities and Exchange Comm�.ssion. Any tax imposed
pursuant to this chapter shall not apply to the making or
delivery of conveyances to make effective any order of the
Securities and Exchange Commission, as defined in
subdivision a. of Section 1083 of the Internal Revenue Code
of 1954; but only if:
(1) The order of the Securities and Exchange
Commission in obedience to which such conveyance is made
recites that such conveyance is necessary or appropriate to
effectuate the provisions of Section 79k of Title 15 of the
United States Code, relating to the Public Utility Holding
Company Act of 1935;
(2) Such order specifies the property which is
ordered to be conveyed;
order. (3) Such conveyance is made in obedience to such
3.22.080 Partnershios.
(a) In the case of any realty held by a
partnership, no levy shall be imposed pursuant to this
chapter by reason of any transfer of an interest in a
partnership or otherwise, if:
(1) Such partnership (or another partnership)
is considered a continuing partnership within the meaning of
Section 708 of the Internal Revenue Code of 1954; and
(2) Such continuing partnership continues to
hold the realty concerned.
(b) If there is a termination of any partnership
within the meaning of Section 708 of the Internal Revenue
Code of 1954, for purposes of this chapter, such partnership
shall be treated as having executed an instrument whereby
there was conveyed, for fair market value (exclusive of the
value of any lien of encumbrances remaining thereon), all
realty held by such partnership at the time of such
termination.
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(c) Not more than one tax shall be imposed
pursuant to this chapter by reason of a termination
t^ described in subdivision (b), and any transfer pursuant
thereto with respect to the realty held by such partnership
at the time of the such termination.
3.22.090 Administration. The County Recorder
shall administer this chapter in conformity with the
provisions of Part 6.7 of Division 2 of the Revenue and
Taxation Code and the provision of any County ordinance
adopted pursuant thereto.
3.22.100 Claims for refund. Claims for refund of
taxes imposed pursuant to this chapter shall be governed by
the provisions of Chapter 5 (commencing with Section 5096 of
Part 9 of Division 1 of the Revenue and Taxation Code of the
State of California).
SECTION 2. Posting.
Within fifteen days after the passage of this
ordinance, the City Clerk shall have it posted in the three
(3) public places designated by resolution of the Council.
SECTION 3. Urgency.
This ordinance is an urgency ordinance and is for
the immediate preservation of the public peace, health, and
safety. The facts constituting the urgency are these: The
City of Santa Clarita is newly incorporated and it comprises
territory formerly unincorporated. It is necessary that
this ordinance take effect immediately in order to provide a
Municipal Code having a scheme of classification for the
grouping of ordinances as they are adopted, and more
importantly, to provide a basic administrative framework of
rules and regulations under which the fundamental operations
of the newly established municipal government can be
conducted.
This ordinance accordingly shall take effect
immediately.
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and
The foregoing ordinance was introduced, adopted,
ordered published at a meeting of the Council held on
by the following vote:
Ayes:
Noes:
Absent:
ayor
Attest:
City Clerk
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