There is hereby adopted the Tulare Municipal Code, as compiled, edited and published by American Legal Publishing Corporation; Cincinnati, Ohio.

(1995 Code, § 1.01.010) (Ord. 97-1813, passed 1-21-1997)

   This code shall be known as the “City Code of Tulare, California”, and it shall be sufficient to refer to the code as the “Tulare Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the Tulare Municipal Code. References may be made to the titles, chapters, sections and divisions of the Tulare Municipal Code and the references shall apply to those titles, chapters, sections or divisions as they appear in the code.

(1995 Code, § 1.01.020) (Ord. 97-1813, passed 10-21-1997)

   Whenever a reference is made to this code as the “City Code of Tulare, California”, or to any portion thereof, or to any ordinance of the City of Tulare, California, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

(1995 Code, § 1.01.030) (Ord. 97-1813, passed 10-21-1997)

   Title, chapter and section headings contained herein 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 or section hereof.

(1995 Code, § 1.01.040) (Ord. 97-1813, passed 10-21-1997)

   The provisions of this code shall not, in any manner, affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code, but the reference shall be construed to apply to the corresponding provisions contained within this code.

(1995 Code, § 1.01.050) (Ord. 97-1813, passed 10-21-1997)

   The last ordinance included in this code as of the last supplement (2024 S-33) is Ord. 2024-02. The following ordinances, passed subsequent to Ord. 2024-02, but prior to adoption of this supplement (2025 S-34), are hereby adopted and made a part of this code: 2024-06, 2025-01, 2025-04, 2025-05.

(1995 Code, § 1.01.060) (Ord. 97-1813, passed 10-21-1997)

   The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.

(1995 Code, § 1.01.070) (Ord. 97-1813, passed 10-21-1997)

   If any section, division, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of this code.

(1995 Code, § 1.01.080) (Ord. 97-1813, passed 10-21-1997)

   References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this code.

(1995 Code, § 1.01.090) (Ord. 97-1813, passed 10-21-1997)

   All general ordinances of the city passed prior to the adoption of this city code are hereby repealed, except such as are referred to herein as being still in force or are, by necessary implication, herein reserved from repeal (subject to the saving clauses contained in the following list), from which are excluded the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances.

(1995 Code, § 1.04.010)

   No ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this city code or by virtue of the preceding section, excepting as this city code shall be considered as amending the ordinance or ordinances in respect of the provisions only.

(1995 Code, § 1.04.020)

   No new ordinance shall be construed or held to repeal a former ordinance, whether the former ordinance is expressly repealed or not, as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance or, in any way, whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of the proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, the provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect. This section shall extend to all repeals, either by express words or implication, whether the repeal is, in the ordinance, making any new provisions upon the same subject or in any other ordinance. Nothing contained in this or the preceding section shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed; or as discontinuing, abating, modifying or altering any, penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this city code.

(1995 Code, § 1.04.030)

   Whenever the following words or terms are used in this code, they shall have the meanings herein ascribed to them, unless the content makes the meaning repugnant thereto.

   AGENT. A person acting on behalf of another.

   CITY. The City of Tulare, California.

   CODE. Unless otherwise specifically stated, this city code.

   EMPLOYEES. Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words “of the City of Tulare”.

   FEE. A sum of money charged by the city for the carrying on of a business, profession or occupation.

   KNOWINGLY. Imports only a knowledge that the facts exist which brings the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of the act or omission.

   LICENSE. The permission granted for the carrying on of a business, profession or occupation.

   MISDEMEANOR. Any offense deemed a violation of the provisions of this code which is a lesser offense than a felony, as defined by state law.

   NEGLIGENT. As well as NEGLECT, NEGLIGENCE and NEGLIGENTLY, imports a want of the attention to the nature or probable consequences of the act or omission as a prudent human ordinarily bestows in acting in his or her own concern.

   NUISANCE. Anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, creating a hazard to or having a detrimental effect on the property of another person or to the community.

   OCCUPANT. Applied to a building or land, includes any person who occupies the whole or any part of a building or land whether alone or with others.

   OFFENSE. Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

   OFFICERS. Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words “of the City of Tulare”.

   OPERATOR. The person who is in charge of any operation, business or profession.

   OWNER. Applied to a building or land, shall include any part-owner, joint-owner, tenant-in-common, joint-tenant or lessee of the whole or of a part of a building or land.

   PERSON. The singular and the plural and shall also mean and include any person, firm, corporation, association, partnership or any other form of association or organization.

   PERSONAL PROPERTY. Every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

   RETAILER. Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

   STREET. Alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

   TENANT. Applied to a building or land, shall include any person who occupies the whole or any part of a building or land, whether alone or with others.

   WHOLESALER or WHOLESALE DEALER. Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

   WILFULLY. When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.

(1995 Code, § 1.08.010)

   In addition to the penalties provided by § 1.61.040, any condition caused or permitted to exist in violation of any of the provisions of this code, or the provisions of any code adopted by reference by this code, shall be deemed a public nuisance and may be summarily abated by the city.

(1995 Code, § 1.12.010) (Ord. 10-16, passed 5-4-2010)

   No provision of this city code designating the duties of any officer or employee shall be so construed as to make the officer or employee liable for any fine or penalty provided for a failure to perform the duty, unless the intention of the governing body to impose a fine or penalty on the officer or employee is specifically and clearly expressed in the section creating the duty.

(1995 Code, § 1.12.060)

   Every person who is charged with the commission of an infraction who is released from custody on an appearance bond or on his or her own recognizance and who, in order to evade the process of the court, wilfully fails to appear as required, is guilty of an infraction. It shall be presumed that a defendant who wilfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court. Any person convicted of an infraction under this section shall be punishable by a fine not exceeding $250.

(1995 Code, § 1.12.070) (Ord. 96-1790, passed - -1996)

   The regular meetings of the Council shall be held on the first and third Tuesdays of each month at the hour of 7:00 p.m., local time, in the City of Tulare Council Chambers, unless any such Tuesday shall fall upon a holiday, in which instance the regular meeting may be held at the same hour and place on the next succeeding evening that is not a holiday. The City Council, at their discretion, may schedule a regular meeting at another location within city limits as needed to allow for appropriate accommodations.

(1995 Code, § 1.16.010) (Ord. 10-05, passed 3-2-2010)

   A special meeting may be ordered at any time by the Mayor or by his or her designee whenever the public business may require it or upon the request from three members of the City Council. Special meetings are to address specific issues only. Meetings may be held in the City of Tulare Council Chambers or at another location within city limits as needed to allow for appropriate accommodations.

(Ord. 10-05, passed 3-2-2010)

   The City Council may schedule Study Sessions and/or Closed Sessions prior to or after regular meetings or during special meetings. Meetings may be held in the City of Tulare Council Chambers or at another location within city limits as needed to allow for appropriate accommodations.

(Ord. 10-05, passed 3-2-2010)

   The following specified officers and employees of the City of Tulare shall be required to provide to the City Clerk a bond of a responsible surety company in the penal sums as set forth hereinbelow.

   (A)   The Finance Director/Treasurer shall provide the bond in the penal sum of $1,000,000.

   (B)   The City Clerk and the Chief Deputy City Clerk of the City of Tulare shall file bonds with the Finance Director in the penal sum of $500,000 each.

(1995 Code, § 1.20.010) (Ord. 98-1822, passed - -1998)

   Pursuant to Cal. Gov’t Code § 1481, a master bond in the penal sum of $50,000 is herewith required to be provided covering all other city officers and employees.

(1995 Code, § 1.20.020) (Ord. 98-1822, passed - -1998)

   Except as otherwise provided for by law, all public offices of the city shall be kept open for business, every day, except legal holidays and Saturdays, from 8:00 a.m. to 5:00 p.m.

(1995 Code, § 1.24.010)

   In addition to the days that the public offices of the city shall be kept open as above provided, and as provided in § 71 of the Freeholders Charter of the city, all public offices shall be kept open on the following days: Election Day, Columbus Day and Lincoln’s Birthday, unless the days fall on a Saturday or Sunday.

(1995 Code, § 1.24.020)

   There is hereby created a fund to be known as the Motor Vehicle in Lieu Tax Fund, into which all moneys received from the state from the In Lieu Tax shall be paid, and which moneys shall be used for such purposes as street lighting, signs, markings, paintings, signals and cost of court operation, and from which Fund all claims approved by the Council for such purposes shall be paid.

(1995 Code, § 1.28.010)

   There is hereby created a fund to be known as the Gas Tax Fund, into which all moneys received from the state from the Gas Tax shall be paid, and which moneys shall be used for such purposes as major street construction and for such expenditures as are specified by the Streets and Highways Code of the State of California, and from which Fund all claims approved by the Council for such purposes shall be paid.

(1995 Code, § 1.28.020)

   There is hereby created a fund to be known as the Traffic Safety Fund, into which all moneys received from fines and forfeitures collected under the Vehicle Code of the State of California shall be paid, and which moneys shall be used for such purposes as maintenance, improvement or construction of bridges, culverts and streets, including street sweeping, and from which Fund all claims approved by the Council for such purposes shall be paid.

(1995 Code, § 1.28.030)

   There is hereby created a fund to be known as the Parking Meter Fund, into which all moneys received from meters collected under the Parking Meter Chapter shall be paid, and which moneys shall be used for such purposes as all costs and expenses of parking meters, off-street parking lots, traffic control, traffic officers’ salaries, costs and expenses of motorcycle operation and traffic engineering, and from which fund all claims approved by the Council for such purposes shall be paid.

(1995 Code, § 1.28.040)

   There is hereby created a fund to be known as the Delinquent Tax Fund, into which moneys received from payment of delinquent taxes shall be placed pending their annual distribution at the end of the fiscal year to the appropriate funds.

(1995 Code, § 1.28.050)

   There is hereby established a special fund for the deposit of monies in the City of Tulare, to be designated as Special Aviation Fund for Tulare Airpark, pursuant to the provisions of Cal. Public Utilities Code § 21684. All funds received by the city pursuant to the provisions of Cal. Public Utilities Code Article IV of Division 9, of Part 1, entitled Aeronautics Fund shall be deposited in the Special Aviation Fund for Tulare Airpark and all funds of the city to be deposited pursuant to the provisions of Cal. Public Utilities Code § 21684, shall be deposited in the Fund for expenditures solely for airport and aviation purposes.

(1995 Code, § 1.28.060)

   Cal. Revenue and Taxation Code § 2617 is hereby made applicable as to the time and manner of collecting all property taxes for city purposes, the imposition of penalties and all other matters to which the section relates in the city.

(1995 Code, § 1.32.010)

   The Finance Director/Treasurer shall be ex-officio Tax Collector of the city and shall perform all of the duties now required or that may hereafter be required to be performed by the provisions of this code or other laws of the city.

(1995 Code, § 1.32.020)

   Where any assessment is hereafter recorded pursuant to the provisions of the Municipal Improvement Act of 1913, the period provided for the payment of assessments in cash shall be 30 days from the date of recordation of the assessment; and any bonds, thereafter issued, may be dated on the thirty-first day after the recordation of the assessment and interest may be made to run from the date.

(1995 Code, § 1.32.030)

   The city shall not be required to pay, nor shall there be approved or paid, any claims for the cost of obtaining any signatures to any initiative, referendum or recall petition.

(1995 Code, § 1.36.020)

   (A)   A contract between the Council and the Board of Administration, California State Employees’ Retirement System is hereby authorized, a copy of the contract being on file in the office of the Clerk, marked “Exhibit A”, and by such reference made a part as though herein set out in full. The President of the City Council is hereby authorized, empowered and directed to execute the contract for and on behalf of the agency.

(Ord. 775, passed 5-23-1962)

   (B)   The above contract is amended by Ord. 1146, passed 2-18-1975, effective 3-20-1975. The amending ordinance is incorporated by reference herein. The above contract is amended by Ord. 1229, passed 8-16-1977, effective 9-15-1977. The amending ordinance is incorporated by reference herein. The above contract is amended by Ord. 1459, passed 11-6-1984. The amending ordinance is incorporated by reference herein.

(1995 Code, § 1.40.010)

   The Common Seal of the city is hereby adopted and described as follows: an artesian well, which shall occupy the central place of the seal, surrounded by an agricultural scene, in the margin of which shall appear the words: "City of Tulare, Incorporated April 5, 1888".

(1995 Code, § 1.44.010)

   A facsimile of the seal shall be reproduced on this page as follows.

(1995 Code, § 1.44.020) (Ord. 10-22, passed 12-7-2010)

   The following words and expressions, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them as follows.

   CITY. The City of Tulare, a municipal corporation, situated in the County of Tulare, State of California.

   COUNTY. The County of Tulare, a political subdivision of the State of California.

(1995 Code, § 1.48.010)

   The assessment and tax collection duties, and the collection of assessments levied for municipal improvements, now performed by the Assessor and the Tax Collector of the city, are hereby transferred to the Assessor and the Tax Collector of the county for the purpose of assessment and collection of and for ad valorem property taxes that become a lien after the adoption of this chapter, and the collection of assessments for municipal improvements becoming due and payable on and after July 1, 1966, pursuant to the provisions of Cal. Gov’t Code §§ 51540 through 51562, 51800 and 43072.

(1995 Code, § 1.48.020)

   In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of security for qualified employees, the following personnel system is hereby adopted.

(1995 Code, § 1.52.010)

   The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon him or her as Personnel Officer under this chapter to any other officer or employee of the city or may recommend that the powers and duties be performed under contract as provided in § 1.52.130. The Personnel Officer shall:

   (A)   Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council or the Personnel Board;

   (B)   Prepare and recommend to the City Council personnel rules and revisions and amendments to the rules. The City Attorney shall approve the legality of the rules and amendments prior to their submission to the City Council;

   (C)   Prepare or cause to be prepared a position classification plan, including class specifications and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the City Council;

   (D)   Prepare or cause to be prepared a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the City Council; and

   (E)   Provide for the publishing or posting notices of tests for positions in the competitive service, the receiving of applications therefor; the conducting and grading of tests, the certification to the appointing power of a list of all persons eligible for appointment to the appropriate position in the competitive service.

(1995 Code, § 1.52.020)

   The provisions of this chapter shall apply to all offices, positions and employments in the service of the city except:

   (A)   The City Manager;

   (B)   Elective officers;

   (C)   Members of appointive boards, commissions and committees;

   (D)   City Clerk, Administrative Services Director, Development Services Director, Human Resources Director, Finance Director/Treasurer, Police Chief, Planning and Building Director, Fire Chief, Public Works Director/City Engineer and Community Development Director;

   (E)   Persons engaged under contract to supply expert, professional, technical or other services;

   (F)   Volunteer personnel, such as volunteer firefighters;

   (G)   City Attorney;

   (H)   Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property; and

   (I)   Employees, other than those listed elsewhere in this section, who are employed less than half time, which is hereby defined as employees who are expected to or work less than 1,040 hours in any one fiscal year.

(1995 Code, § 1.52.030) (Ord. 14-05, passed 10-21-2014; Ord. 98-1818, passed - -1998)

   Personnel rules shall be adopted by resolution of the City Council after notice of the action has been publicly posted at least five days prior to City Council consideration. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system, including:

   (A)   Preparation, installation, revision and maintenance of a position plan covering all positions in the competitive service, including employment standards and qualifications for each class;

   (B)   Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class;

   (C)   Public announcement of all tests and acceptance of applications for employment;

   (D)   Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;

   (E)   Certification and appointment of persons from employment lists and the making of provisional and emergency appointments;

   (F)   Evaluation of employees during the probationary period;

   (G)   Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;

   (H)   Separation of employees from the city service;

   (I)   Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;

   (J)   The establishment of adequate personnel records; and

   (K)   The establishment of grievance and appeal procedures.

(1995 Code, § 1.52.040)

   Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained, so far as practicable, by competitive examination. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written test, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. Physical and medical tests may be given as a part of any examination. In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. Appointments shall be made by the City Manager. When appointment is to be made to a vacancy in the competitive services, the Personnel Officer shall transmit, to the appointing power, the names of all persons on the appropriate certified employment list, in the order in which they appear on the list. In the absence of appropriate employment lists, a provisional appointment may be made not to exceed one year by the appointing authority of a person meeting the minimum training and experience qualifications for the position. A provisional employee (when not a member of the competitive service) may be removed at any time without the right of appeal or hearing. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, the vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules.

(1995 Code, § 1.52.050)

   All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. During the probationary period, the employee may be rejected at any time, without the right of appeal or hearing. An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is discharged from the city service, as provided in this chapter and the personnel rules. An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he or she was promoted or transferred if action is taken to reject him or her unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service.

(1995 Code, § 1.52.060)

   Any person holding a position included in the competitive service who, on the effective date hereof, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his or her class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules. Any other person holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(1995 Code, § 1.52.070)

   The provisions of the personnel rules relating to termination of employment, disciplinary proceedings and grievance proceedings shall not apply to the incumbents of full-time exempt positions set forth in § 1.52.030 of the city code. Persons serving in such positions shall serve at the pleasure of their appointing power and may be terminated without cause.

(1995 Code, § 1.52.080)

   Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for 30 calendar days any permanent employee. Notice of the action must be in writing and served personally on the employee, except where an emergency situation exists, in which case the notice shall be served within three working days of the action taken. The notice shall specify the penalty and contain a statement of the reason or reasons therefor. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.

(1995 Code, § 1.52.090)

   Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any position of employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of positions shall not be subject to written charges, nor shall they have the right of appeal in such cases. Seniority shall be observed in effecting the reduction in personnel and the order of lay-off shall be in the reverse order of total cumulative time served in permanent and probationary status in the competitive service upon the effective date of the lay-off. Lay-off shall be made within classes of positions and all provisional employees in the affected class or classes shall be laid off prior to the lay-off of any probationary or permanent employee. For the purpose of determining order of lay-off, total cumulative time shall include time served on military leave of absence. The names of probationary and permanent employees laid off shall be placed upon re-employment lists for classes which, in the opinion of the Personnel Officer, require basically the same qualifications and duties and responsibilities of those of the class of positions from which lay-off was made. Names of persons laid off shall be placed upon re-employment lists in order of total cumulative time served in probationary and permanent status and shall remain on the lists for a period of one year unless re-employed sooner.

(1995 Code, § 1.52.100)

   The political activities of city employees shall conform to pertinent provisions of state law.

(1995 Code, § 1.52.110)

   No person in the competitive service, or seeking admission thereto, shall be employed, promoted or discharged or, in any way, favored or discriminated against because of political opinions or affiliations or because of race, color, ancestry, national origin or religious belief.

(1995 Code, § 1.52.120)

   The City Manager shall consider and make recommendations to the City Council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:

   (A)   The preparation of personnel rules and subsequent revisions and amendments thereof;

   (B)   The preparation of a position classification plan and subsequent revisions and amendments thereof;

   (C)   The preparation of a plan of compensation and subsequent revisions and amendments thereof;

   (D)   The preparation, conduct and grading of competitive tests; and

   (E)   Special and technical services of advisory or informational character on matters relating to personnel administration.

(1995 Code, § 1.52.130)

   The Finance Director of the City of Tulare shall, in addition to all other authority and all other duties, have the authority and duties of a Finance Director/Treasurer for the City of Tulare, and shall be in charge of the Treasury of the city.

(1995 Code, § 1.56.010)

   In accordance with Cal. Penal Code § 836.5, the Planning and Building Director, the Senior Planner, the Assistant Planners, the Chief Building Inspector and the Building Inspectors are hereby authorized to make arrests without warrants, and issue citations, for the violation of the following portions of this code:

   (A)   Title 4 (commencing with § 4.04.010); and

   (B)   Title 10 (commencing with § 10.04.010).

(1995 Code, § 1.60.010)

   In accordance with Cal. Penal Code § 836.5, the Director of Public Works/City Engineer, the Assistant Director of Public Works and the Assistant City Engineer are hereby authorized to make arrests without warrants, and issue citations, for the violation of the following portions of this code:

   (A)   Chapter 7.08 (commencing with § 7.08.010) and Chapters 7.16 through 7.20 (commencing with § 7.16.010) of Title 7;

   (B)   Chapters 8.08 through 8.16 (commencing with § 8.08.010) of Title 8; and

   (C)   Chapter 7.32 (commencing with § 7.32.010) of Title 7.

(1995 Code, § 1.60.020)

   In accordance with Cal. Penal Code § 836.5, the Water Superintendent is hereby authorized to make arrests without warrants, and issue citations, for the violation of the following portions of this code:

   (A)   Chapter 7.08 (commencing with § 7.08.010) of Title 7; and

   (B)   Chapter 7.32 (commencing with § 7.32.010) of Title 7.

(1995 Code, § 1.60.030)

   In accordance with Cal. Penal Code § 836.5, the Solid Waste Superintendent is hereby authorized to make arrests without warrants, and issue citations for the violation of Chapter 7.16 (commencing with § 7.16.010) of Title 7 of this code.

(1995 Code, § 1.60.040)

   In accordance with Cal. Penal Code § 836.5, the Wastewater Superintendent is hereby authorized to make arrests without warrants, and issue citations, for the violation of Chapter 7.20 (commencing with § 7.20.010) of Title 7 of this code.

(1995 Code, § 1.60.050)

   In accordance with Cal. Penal Code § 836.5, the Street Superintendent is hereby authorized to make arrests without warrants, and issue citations for the violation of Chapters 8.08 through 8.16 (commencing with § 8.08.010) of Title 8 of this code.

(1995 Code, § 1.60.060)

   In accordance with Cal. Penal Code § 836.5, the Public Works Inspector is hereby authorized to make arrests without warrants, and issue citations, for the violation of the following portions of this code:

   (A)   Chapter 7.08 (commencing with § 7.08.010) and Chapter 7.20 (commencing with § 7.20.010) of Title 7; and

   (B)   Chapters 8.08 through 8.16 (commencing with § 8.08.010) of Title 8.

(1995 Code, § 1.60.070)

   In accordance with Cal. Penal Code § 836.5, the Finance Director, City Clerk and the Finance Field and Revenue Officer are hereby authorized to make arrests without warrants, and issue citations, for the violation of the provisions of Chapter 5.04 (commencing with § 5.04.010) of Title 5 of this code.

(1995 Code, § 1.60.080)

   In accordance with Cal. Penal Code § 836.5, the Water Conservation Coordinator is hereby authorized to make arrests without warrants, and issue citations, for the violation of the following provisions of this code:

   (A)   Chapter 7.32 (commencing with § 7.32.010) of Title 7.

(1995 Code, § 1.60.090)

   In accordance with Cal. Penal Code § 836.5, the Community Development Director, the Parks and Landscape Services Superintendent, the Parks Supervisor, the Parks Services Specialist and the Park Ranger and all other employees of the Parks, Library and Recreation Department so designated by the Director, are hereby authorized to make arrests without warrants, and issue citations, for violations of Chapters 6.44, 6.52, 8.32 and 8.36 of the city code, as set chapters pertain and are applicable to the operations and responsibilities of the Parks, Library and Recreation Department.

(1995 Code, § 1.60.100) (Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -; Ord. 01-1885, passed - -)

   (A)   The City Council hereby finds that there is a need for an alternative method of enforcement for minor violations of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. The City Council further finds that an appropriate method of enforcement for minor violations is an Administrative Citation Program, as authorized by Cal. Gov’t Code § 53069.4.

   (B)   The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

   (C)   The City Council hereby finds and determines that enforcement of the Tulare Municipal Code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a Charter City, the City of Tulare adopts this Administrative Citation Program provision in order to achieve the following goals, and:

      (1)   To protect the public health, safety and welfare of the citizens of the City of Tulare;

      (2)   To gain compliance with the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code in a timely and efficient manner;

      (3)   To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code;

      (4)   To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system; and

      (5)   To provide for an administrative process to appeal the imposition of administrative citations and fines.

   (D)   (1)   The purpose of this chapter is to enable the city, acting as a charter city pursuant to Article XI, §§ 5 and 7 of the state’s Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. Notwithstanding the provisions herein, the city has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

      (2)   Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used in order to educate city property owners and businesses concerning the requirements of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, and the corrective action necessary to correct a violation of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

   (E)   Use of this chapter shall be at the sole discretion of the city.

(1995 Code, § 1.61.005) (Ord. 04-1953, passed - -2004)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ENFORCEMENT OFFICER. Any officer or employee with the authority to enforce the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code as provided in Chapters 1.60, 3.04, 3.24 and 6.16.

   HEARING OFFICER. Any person appointed by the City Manager to preside over the administrative hearings provided for in § 1.61.080.

   RESPONSIBLE PERSON. Any individual or entities who are the registered owner or occupant of real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes or maintains a violation of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

(1995 Code, § 1.61.010) (Ord. 04-1953, passed - -2004)

   (A)   Any person violating any provision of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code may be issued an administrative citation by an Enforcement Officer as provided in this chapter. A violation of this code includes, but is not limited to all violations of the Tulare Municipal Code and applicable state codes, ordinances or regulations adopted by the City Council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code.

   (B)   Each and every day a violation exists may constitute a separate and distinct offense.

   (C)   A civil fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the City of Tulare.

(1995 Code, § 1.61.020) (Ord. 04-1953, passed - -2004)

   The City Council of the City of Tulare intends to secure compliance with the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, each violation of the provisions of this code may be enforced alternatively as follows:

   (A)   Infraction. Violations of any provision or failing to comply with any mandatory requirement is punishable as an infraction unless the applicable chapter specifically states otherwise. Written citations for infractions may be issued by police officers or non-safety employees designated by Tulare Municipal Code Chapters 1.60. 3.04. 3.24 and 6.16. Fines shall be assessed in the amounts specified as follows:

      (1)   A fine not exceeding $100 for a first violation;

      (2)   A fine not exceeding $200 for a second violation of the same ordinance within 12 months; and

      (3)   A fine not exceeding $500 for each additional violation of the same ordinance within 12 months.

   (E)   Administrative fine schedule. All administrative fines referenced throughout the Tulare Municipal Code shall be as set forth in the Administrative Fine Schedule as established and adopted by resolution of the City Council of the City of Tulare. If any ordinance establishes an administrative fee amount which is in conflict with the Administrative Fine Schedule the amount as defined in the schedule will be deemed the correct amount.

(1995 Code, § 1.61.030) (Ord. 10-16, passed 5-4-2010; Ord. 10-15, passed 4-20-2010; Ord. 04-1953, passed --2004)

   (A)   An administrative citation on a form approved by the City Manager shall be issued to the responsible person by an Enforcement Officer for violations of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, in the following manner:

      (1)   Personal service. In any case where an administrative citation is issued:

         (a)   The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation.

         (b)   If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

      (2)   Service of citation by mail. If the Enforcement Officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

      (3)   Service by citation by posting notice. If the Enforcement Officer does not succeed in serving the responsible person personally, or of certified mail or regular mail, the Enforcement Officer shall post the administrative citation on any real property within the city where the city has knowledge that the responsible person has a legal interest, and the posting shall be deemed effective service.

(1995 Code, § 1.61.040) (Ord. 04-1953, passed - -2004)

   Each administrative citation shall contain the following information:

   (A)   Date, approximate time and address or definite description of the location where the violation(s) was observed;

   (B)   The code sections or conditions violated and a description of the violation(s);

   (C)   An order to the responsible person to correct the violations within the time specified and an explanation of the consequences of failure to correct the violation(s);

   (D)   The amount of the fine for the violation(s);

   (E)   An explanation of how the fine shall be paid and the time period by which it shall be paid;

   (F)   Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

   (G)   The name and signature of the Enforcement Officer; and

   (H)   If possible, the signature of the responsible person.

(1995 Code, § 1.61.050) (Ord. 04-1953, passed - -2004)

   (A)   Upon receipt of a citation, the responsible person shall:

      (1)   Pay the fine to the city within 15 working days from the issuance date of the administrative citation. All fines assessed shall be payable to the City of Tulare. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; and

      (2)   Remedy the violation(s), if the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s).

   (B)   The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by ordinance.

(1995 Code, § 1.61.060) (Ord. 04-1953, passed - -2004)

   Any recipient of an administrative citation may contest that there was a violation of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code or that he or she is the responsible person by completing a request for hearing form and returning it to the city within 15 working days from the issuance date of the administration citation, together with an advanced deposit (full amount) of the fine. Any administrative citation fine, which has been deposited, shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not the responsible person for the violation(s) or that there was no violation(s) as charged in the administrative citation.

(1995 Code, § 1.61.070) (Ord. 04-1953, passed - -2004)

   Requirements to pay the advance deposit (full amount of the fine) may be waived in part or in total by the City Manager or his or her designee upon showing of undue financial hardship by the appellant.

(Ord. 14-04, passed 10-21-2014)

   The Tulare City Manager shall designate the Hearing Officer for the administrative citation hearing. The Hearing Officer shall not be a Tulare city employee. The employment, performance evaluation, compensation and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.

(1995 Code, § 1.61.080) (Ord. 04-1953, passed - -2004)

   (A)   No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a request for hearing form has been completed and submitted and the fine has been deposited in advance or waived under provisions of § 1.61.085 .

   (B)   A hearing before the Hearing Officer shall be set for a date that is not less than 15 working days and not more than 60 working days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten working days prior to the date of the hearing.

   (C)   The Enforcement Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, on the date(s) specified in the administrative citation.

   (D)   The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

   (E)   The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

   (F)   The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facia evidence of the respective facts contained in those documents.

   (G)   If the Enforcement Officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by mail on the person requesting the hearing at least five working days prior to the date of the hearing. At least ten working days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Enforcement Officer. No other discovery is permitted. Formal rules of evidence shall not apply.

   (H)   The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.

(1995 Code, § 1.61.090) (Ord. 14-04, passed 10-21-2014; Ord. 04-1953, passed - -2004)

   (A)   After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten working days of the close of the hearing to uphold or deny the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final, subject to judicial review.

   (B)   If the Hearing Officer determines that the administrative citation should be upheld then the fine amount on deposit with the city shall be retained by the city.

   (C)   If the Hearing Officer determines that the administrative citation should be dismissed, the City shall refund the amount of the deposit within ten working days of the date of its receipt of the decision.

   (D)   The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision in the manner prescribed above.

(1995 Code, § 1.61.100) (Ord. 04-1953, passed - -2004)

   The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the City of Tulare–Finance, to file a claim with the Small Claims Court. Alternatively, the city may pursue any other legal remedy to collect the civil fines. The city may also recover all of its collections costs.

(1995 Code, § 1.61.110) (Ord. 04-1953, passed - -2004)

   Any person aggrieved by a decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Tulare County Municipal Court in accordance with the timelines and provisions as set forth in Cal. Gov’t Code § 53069.4.

(1995 Code, § 1.61.120) (Ord. 04-1953, passed - -2004)

   (A)   The administration citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of this chapter.

   (B)   Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted here under.

(1995 Code, § 1.61.130) (Ord. 04-1953, passed - -2004)

   (A)   Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefor in providing the regulation, products or services hereinafter enumerated in this chapter.

   (B)   The fee and service charge revenue/cost comparison system set for in this chapter provides a mechanism for ensuring that fees adopted by the city for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged.

   (C)   The adoption of the chapter is exempt from the California Environment Quality Act (Cal. Public Resources Code §§ 2100 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of city departments, as set forth in Cal. Public Resources Code § 21080(b)(8)(1).

(1995 Code, § 1.64.010)

   (A)   The City Manager is hereby delegated the authority and directed to provide documents to the City Council to implement its herein enumerated policy to adjust fees and charges to recover the percentage of costs reasonably borne as established hereby, in providing the regulation, product or service enumerated in this chapter in the percentage of cost reasonably borne and on the schedule of rate review and revision, as hereinafter established in this chapter.

   (B)   The City Manager is hereby delegated the authority to issue executive orders defining terms, setting out administrative, fee collection and financial procedures, definitions and establishing effective dates of all fees set by the City Council by resolution. All executive orders shall be originated and signed by the affected department head, shall be signed by the Finance Director certifying that the financial requirements of this chapter are complied with and shall be signed by the City Manager connoting the effective date of the executive order and new or revised rate structure, procedure or definition.

   (C)   “Costs reasonably borne” shall be as defined in § 1.64.030. In adjusting fees and charges, the City Manager shall act in an administrative and ministerial capacity and shall consider only the standards and criteria established by this chapter and the procedures set hereby and by applicable state law. All executive orders issued hereunder shall comply in all respects with this chapter, and the several schedules of fees and rates as set by the City Council by resolution.

(1995 Code, § 1.64.020)

   COSTS REASONABLY BORNE, as used and ordered to be applied in this chapter, are to consist of the following elements:

   (A)   All applicable direct costs including, but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies and any other direct expense incurred;

   (B)   All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service and like expenses when distributed on an accounted and documented rational proration system;

   (C)   Fixed asset recovery expenses, consisting of depreciation of fixes assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not previously recovered and reserved in cash and the full cost of replacement, also shall be calculated and considered a copy so as to recover the unrecovered costs between book value and cost of replacement over the remaining life of the asset;

   (D)   General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Attorney, City Administration, City Clerk, Finance Director/Treasurer, Economic Development, Finance Department, Personnel Office and City Promotion and all other staff and support service provided to the entire city organization. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of the percentage so that each of taxes and fees and charges shall proportionately defray the overhead costs;

   (E)   Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as enumerated in divisions (A), (B), (C) and (F) of this section; and

   (F)   Debt service cost, consisting of repayment of principal, payment of interest and trustee fees and administrative expenses for all applicable bond, certificate, note or securities issues or loans of whatever nature or kind. Any required coverage factors or required or established reserves beyond basic debt service costs also shall be considered a cost if required by covenant within the securities ordinance, resolution, indenture or general all applicable to the city.

(1995 Code, § 1.64.030)

   (A)   All fees and service charges are listed on the master fee schedule.

   (B)   The City Manager, Finance Director and each city department head, under the direction of the City Manager, shall review annually the fees and service charges listed on the master fee schedule, and provide an adjusted master fee schedule, by resolution, to the City Council for its consideration so as to recover the listed percentage of cost reasonably borne necessary to provide the listed regulation, product or service. In the alternative, the Council may elect, by resolution, to automatically adjust fees by percentage equal to the Consumer Price Index as published by the Department of Labor for the preceding 12 months. Any such automatic adjustments shall not apply to fees which are based on variable factors which themselves result in an automatic adjustment or those which are specifically indicated otherwise.

   (C)   (1)   For all fees and charges for services and programs provided by the Recreation Parks Divisions of the City of Tulare, the City Council does hereby designate the Parks and Community Services Commission as the body which shall establish a list of all such fees and charges. The Recreation, Parks and Library Director shall review the fees and charges as frequently as deemed necessary and provide an adjusted fee or charge schedule to the Parks and Community Services Commission for its consideration and adoption, so as to recover the established percentage of cost reasonably borne necessary to provide the listed service or program. With regard to Parks and Recreation fees and charges, whenever in this chapter there is a reference to the City Council, it shall mean the Parks and Community Services Commission; and whenever there is a reference to the City Manager it shall mean the Recreation, Parks and Library Director.

      (2)   For all fees and charges for services and programs provided by the Library Department of the City of Tulare, the City Council does hereby designate the Library Board as the body which shall establish a list of all such fees and charges. The Library Director shall review the fees and charges as frequently as deemed necessary and provide an adjusted fee or charge schedule to the Library Board for its consideration and adoption, so as to recover the established percentage of cost reasonably borne necessary to provide the listed service or program. With regard to Library fees and charges, whenever in this chapter there is a reference to the City Council, it shall mean the Library Board; and whenever there is a reverence to the City Manager it shall mean the Library Director.

   (D)   All fees and charges set pursuant to this chapter and section shall take effect 60 days after the City Council adopts a resolution establishing the fee amount.

   (E)   The schedule of frequency of rate adjustments may be varied by the City Manager to adjust revenues sufficient to meet debt service coverage requirements of any bond, certificate or ordinance, resolution, indenture, contract or action under which securities have been issued by the city which contain any coverage factor requirement.

   (F)   The City Manager may vary the annually scheduled review if, in the judgment of the City Manager and a directly affected and requesting department head, gross inequity would be perpetrated by not revising the rate schedule. Any such rate revision which deviates from the annually scheduled review shall be reported to the City Council at its next succeeding meeting.

   (G)   The City Manager is further delegated the authority to round off, either upward or downward as he or she deems appropriate, to the nearest dollar, five or ten dollars, as may be appropriate in light of the magnitude of the fee, the actual fee or service charge to be imposed, after applying the appropriate percentage rate, for the sale of ease of administration, accounting and financial operations.

(1995 Code, § 1.64.040) (Ord. 2020-05, passed 6-2-2020; Ord. 10-04, passed 2-16-2010; Ord. 06-2029, passed - -2006; Ord. 03-1925, passed - -2003; Ord. 03-1915, passed - -2003; Ord. 01-1887, passed - -2001; Ord. 01-1873, passed - -2001;)

   Pursuant to Cal. Gov’t Code §§ 54992, 54994.1 and 54994.2, the City Clerk shall cause notice to be provided as set out in Cal. Gov’t Code §§ 54992, 54994.1 and 6062a, and the City Council periodically, at least annually, shall receive at a regularly scheduled meeting oral and written presentations concerning fees and charges proposed to be increased or added. The notice, oral and written presentation and public meeting shall be provided prior to the City Council taking any action on any new or increased fees or charges. At least one such public hearing shall be held annually, in conjunction with the city annual budget process and hearing.

(1995 Code, § 1.64.050)

   Pursuant to the Cal. Gov’t Code, at least ten days prior to the required public hearing set out herein, the City Manager shall make available to the public appropriate data indicating the cost, or estimated cost required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The City Manager also shall provide a summary of the present fee and charge schedules and those proposed at the annual public hearing. A general explanation of the changes also shall be published per the requirements of Cal. Gov’t Code § 6062a.

(1995 Code, § 1.64.060)

   (A)   Any person who feels that any fee or charge determined and set is in excess of the percentage of costs reasonably borne to be recovered as set out in this chapter, or that the fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out herein, may appeal in writing to the City Council.

   (B)   No fee or charge for which an appeal has been filed shall take effect until heard by the City Council. The appeal shall be placed on the agenda of the next ensuing Council meeting after receipt of the appeal and heard at the next ensuing Council meeting. The appealed fee or charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by the City Council by ordinance amending this chapter.

(1995 Code, § 1.64.070)

   Except as provided in § 1.70.020, the city shall require the payment of prevailing wages for all of its public works projects to the same extent and in the same manner such wages would be required to be paid, if the city was subject to the requirements imposed upon contracts entered into pursuant to the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the California Labor Code, as those provisions may be amended from time to time. Any notice inviting bids for such public works projects shall include notifications of the provisions of this section.

(Ord. 18-08, passed 10-16-2018)

   In accordance with California Labor Code § 1782, the city’s prevailing wage requirement does not apply to the following:

   (A)   A contract of $25,000 or less when the contract is for construction work; or

   (B)   A contract of $15,000 or less when the contract is for alteration, demolition, repair, or maintenance work.

(Ord. 18-08, passed 10-16-2018)