HomeMy WebLinkAboutORD 002 1983 0720u
CRD INANCE Ids. 2
AN CRD INANiCE OF THE CITY M MOORPARK
ESTABLISHING THE MOORPARK - N tN 1 C 1 PAL
CME , AND ENACT 1 NG TITLES 1, 2 AND 3 THEREOF
RELATING TO GENERAL PROVISIONS, ADMINISTRATION
AND PERSONNEL, AND REVENUE AND FINANCE.
The city council of the City of Moorpark does ordain
as follows:
SECTION 1. A municipal code is hereby established for the
city of Moorpark , and Titles 1', 2 and 3 thereof are
enacted, as - follows:
Chapters:
1.01
1.04
1.08
Sections:
Title 1
GENERAL PROVISIONS
de Adopted
itations in Lieu of Immediate Arrai
Chapter 1.01
nt
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.
1.01.1150 Local signification.
1.01.100 Rules of construction.
1.01.110 Effect of headings.
1.01.120 Meaning of "section" and "subsection ".
1.01.130 Acts by deputies.
1.01.140 "Writing ".
`' 1.D1.IS0
1.01.160
f7 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
Reference to ordinances: Applic ation to
amendments.
Statute of limitations.
Definitions.
Violation -- Infraction.
Aiding and Abetting.
Establishment of offenses as infractions.
Punishments.
Violations public nuisances.
Nuisances: Recovery of abatement expenses.
Violations of administrative provisions.
Notices -- Service.
Notices -- Proof.
a
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
orgeniz-tion for the classification , and grouping__of
ordinances which the council mdy adopt. The council intends
in adopting ordinances of,a general and permanent nature to
provide for their placement in accordance with the scheme of
the code. This will provide the user with a convenient and
logical compilation of the ordinances of the city.
1.01.002 Establishment of Municipal Code. This code
shall be known as the ",Moorpark • Municipal Code ". It
shall be sufficient to refer to this Code as the Moorpark
Municipal Code in any prosecution for the violation of
any provision of this Code. It shall also be sufficienr to
designate any ordinance adding to, amending, or repealing
provisions of this Code as an addition or amendment to, or a
repeal of, the Moorpark Municipal Code, or a portion
thereof.
1.01.003 Contents of Code. The Moorpark
- Municipal Code shall 'consist of all ordinances adopted by
the city council which are of a general and permanent
nature. An ordinance relating to any of the following
subject matters is not considered an ordinance of general
and permanent nature and need not be included within the
Municipal Code:
(1) The naming of streets or roads;
(2) Granting, altering, or withdrawing franchises;
(3) Levying real property tax;
(4) Calling an election;
(5) Annexation proceedings;
(6) Interim zoning measure;
(7) Zoning or rezoning a particular parcel of
property;
(B) 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.
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1.01.004 Outline of Code. (a) The ordinances of
the city which are of a general and permanent nature shalt
be organized and grouped according to subject matter.
(b) Ordinances which are adopted from time to time
,x shall be classified and organized under the following scheme
of titles:
1. General Provisions
Z. Administration and Personnel
3. Revenue and Finance
A. (Reserved)
5. Business Regulations
6. Health and Sanitation
7. (Reserved)
S. Buildings end Construction
9. Planning and Zoning
10. Animals
11. Peace, Morals and Safety
1T. Vehicles and Traffic
13. (Reserved)
14. Streets and Sidewalks
15. Water and Sewers
r
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
order that the loose leaf copies of this Code, prepared for
the use and convenience of the officers and employees of the.
city and the general public, may be brought up to date.
1.01.010 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 function, unless the
context requires otherwise, all references shall be to the
appropriate or designated office, officer, department,
agency, employee, or function of the city, or to -the person
or agency performing the function for the city.
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` - 1.01.020 Effect of Code on oast actions and
obliostions. Neither the adoption of this Code nor the
repeal by this Code of any ordinance previously In effect in
the city or within -the territory currently comprising the
city, shall in any manner affect the prosecution for the
�• violation of any ordinance, which violation was committed
prior to the effective date of this Code, nor be - construed
as a waiver of any license or penalty on such effective date
due and unpaid under such ordinances, nor be construed as
affecting any of the provisions of such ordinances foisting
to the collection of any such license or penalty or the
penal provisions applicable to any violation of such
ordinances, nor to affect the validity of any bond or cash
deposit required to be posted, filed, or deposited pursuant
to any ordinance, and all vested rights and obligations
pertaining to such ordinances shall continue in full force
and effect.
1.01.030 Partial lnvilidil . if any chapter,
section, sentence, clause or portion of this Code is for any
reason held to be invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a
separate, distinct and Independent provision and such
holding shall not affect the validity of the remaining
portions thereof.
1.01.040 Territorial limitation. This Code shall
refer only to the omission or commission of acts within the
territorial limits of the City of .2400rpark and that
territory outside of the city over which the city has
} jurisdiction or control by virtue of the Constitution, or
any law, or by reason of ownership or control of property.
1.01.050 Local signification. All references in
this Code to places, acts, persons or things and all else in
• relation to this Code shall be construed to mean that the
same are applicable to this City, whether the city is
mentioned in each particular section or not.
1.01.100 Rules of construction.
provisions of this Code otherwise specific
the context-of this Code Indicates to the
general provisions, rules of construction,
set forth in the following sections of this
govern the construction of this Code.
Unless the
ally provide, or
contrary, the
and definitions
chapter shall
1.01.110 Effect of headings. The title, chapter,
article, and section headings contained in this Code shell
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
f other source is specifically set forth. "Subsection" shall
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wean a subsection of the section In which the term occurs,
unless some other section is expressly Oct 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 amp lay" or by a
person otherwise duly authorized pursuant to law or
ordinance, unless this Code expressly provides otherwise.
1.01.140 "Writing ". "Writing" includes any form of
recorded message capable of comprehension by ordinary visual
means. Whenever any notice, report, statement, or record is
required or authorized by this Code, such notice, report,
statement, or record shell be made in writing in the English
language, unless this Code expressly provides otherwise
1 01 1'50 References to, ordinances: Application to
amendments. Whenever any reference in this Code is made to
an ordinance, the reference shall apply to such ordinance of
the city, unless this Code expressly provides otherwise.
Whenever any reference is made to any portion of this Code,
or to any ordinance of this City, the reference shall apply
to all amendments and additions to this Code.
1.01.160 Statute of limitations. When a )imitation
or period of time prescribed in any existing ordinance or
statute for acquiring a right or barring s 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 througfi
December 31 of any given year .
(b) "City" shall mean the City of Moorpark
(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 Moorpark
(e) "Counciimember" shall mean a person duly elected
to the council.
(f) "County" shall mean the County of Ventura.
(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.
(1) "Goods" shall wean and Include Mares and
merchandise.
(j) "May" shall be permissive.
(k) "Month" shall mean a calendar month, unless
otherwise expressed.
(1) "Number The singular number shall include the
plural, ar(d the plural number shalt include the singular.
(m) "Oath" shall include affirmation.
(n) "Official time standard ". Whsrever certain hours
are aamed in this Code, they shall mean standard time or
day Iight saving time as may be -in current use in 'the city. - -
(o) "Operate" shall mean and include carrying on,
keeping, conducting, or maintaining.
(p) "Owner ", applied to a building or land, shall
include any part owner, joint owner, tenant, tenant in
common, or joint tenant of the whole or a part of such
building or land.
(q)* "Person" shall include any person, firm, company,
corporstion, partnership, association, public corporation,
political subdivision, city (except the City of Fioorpark ),
the County of Ventura , -any district in the County
of-Ventura , the State of California, or the United States
of Americs, or any department or agency of any thereof,
unless this Code expressly provides otherwise.
• (r) "Personal property" shall include money, goods,
chattels, things in action, and evidences of debt.
(s) "Police ", "Police. Chief" or "Chief of Police"
shall mean the agency which performs the appropriate law
enforcement function for the city, and the head of the
agency or division thereof which at the time involved has
responsibility for performing the police function for, or
within, the city.
(t) "Property" shall include real and personal
property.
(u) "Quarterly ", where used to designate a period of
time, shalt mean the first three calendar months of any
given year or any succgeding period of three calendar
months.
(v) "Real property" shall include land, tenements, -and
hereditament &.
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(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, squires, or
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.
(as) "Tenant or occupant ", applied to a building or
land, shall include any person who occupies the whole or a
part .of _a.uch 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 to the approved usage of the language,
or, when appropriate, by reference to definitions contained
in State or Federal law.
1.01.200 Violation-- lnfrat-tion. 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 some 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 Aidina and_abettin n. Whenever In this Code
any act or omission is made unlawful, It shall include
causing, permitting, aiding, abetting, suffering, or
concealing the fact of such act or omission.
1.01.220 Establishment of offenses as infractions.
Any violation expressly declared to be punishable, in the
discretion of the court, by either a fine, or by a' fine or
imprisonment, or both, shall become an infraction for all
purposes under any of the following circumstances:
(a) Where a judgment imposes a punishment of a fine
n6t exceeding fifty dollars (S50) in the case of a first
offense; of
(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 on- infraction; or
(c) When the city attorney Or any deputy dist-r'ic2
attorney files in a court having jurisdiction over
misdemeanor offenses a complaint specifying that the offense
is an infraction.
1.D1.230 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
(S5DD), 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 (650),
for a second conviction within a period of one year by a
tine of not more than One Hundred Dollars (S1DD), 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
(S250).
1. CIA' .250 Violations public nuisances. (a) In
addition to other penalties provided by law, any condition
caused or permitted to exist in violation of any provision
of this Code, or any such threatened violation, shall be
deemed a public nuisance and may be summarily abated as such
by the city.
(b) Also, any such violation or threatened violation
as referred to in (a), Or any condition caused or permitted
to exist in violation of any of the provisions of any code
adopted by reference by this Code, or of the provisions of
any other city ordinance, shall be deemed a public nuisance
which may be abated by the city attorney in a civil judicial
action.
1.01.260 Nuisances: Recovery of abatement expenses.
(a) Whenever any person creating, causing, committing, or
maintaining a public nuisance, as referred to in Section
1.01.250 of this chapter, or other public nuisance, as
.a--
defined under State law or* other"— ordinance or regulation,
has been given notice, by or on behalf of the city attorney
or by any other city officer, employee or policing agent
authorized to give such notice, to abate such nuisance or
cease and desist from continuing such nuisance or violation
of law, and such person who was given notice fails, refuses,
or neglects to comply with the notice within the time
specified therein, or if such a time is not specified, then
within a time reasonably sufficient to enable such
compliance, such noncomplying person shall be liable'to the
-city for any and all costs and expenses to the city involved
In thereafter abating the nuisance and in obtaining
compliance with or enforcing the law as referred to or
eocompassed in the said notice.
(b) Costs and expenses, as referred to in subsection
(a� of this section may include, but are not limited to, any
and all direct costs and expenses related to such things as
personnel' salaries and benefits, operational overhead, rent,
interest, fees for experts or consultants, legal costs or
expenses, including attorneys' fees, claims against the city
arising as a consequence of the nuisance or violation, and
procedures associated with collecting moneys due hereunder.
(c) The provisions of subsection (a) of this section
shall also apply to any person who received a notice, as
specified therein, and thereafter the nuisance or violation
was abated, but such person subsequently allowed or was
responsible for a recurrence of the nuisance or violation.
(d) The liability of any person for the payment of the
costs and expenses provided for in subsection (p) of this
section may be waived in whole or in part by the city
attorney in any case wherein he determines, in his sole
discretion, that the failure or refusal of such person to
comply with the notice therein involved was based upon a
good faith and bona fide issue of law or fact specially
involved in the circumstances of the case. Any
determination or decision of the city attorney in this
regard shall be final and conclusive and shall not be
subject to appeal as prescribed in Chsrter 2.02 of Title 2
of this Code.
(e) Moneys due to the city pursuant to this section
may be recovered in an appropriate civil action.
Alternatively, such liability may be enforced by special
assessment proceedings against the parcel of land upon which
the nuisance existed, which proceedings may be conducted in
a manner substantively similar to proceedings described in
Sections 39574 et seq. of the Government Code of the State
relating to weed abatement assessments.
1.01.270 Violation of administrative provisions.
The violation of , or the failure or omission to perform in
accordance with, any administrative provision of this Code
by any officer or employee of the city shall generally not
be considered a criminal act, but may be deemed a .failure to
perform the duties or to observe the rules or regulations of
the department, office, commission or board within the
Ar _
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Vf*ninq of the rules end regulations of the city, or of the
civil service regulations of the city if applicsble.
1.01.300 Notices -- Service. Whenever a notice is
required to be oiven, 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 Codt, such
notice may be given as herein provided. Unless different or
special provisions are otherwise specifically node I-n this
Code or in some other applicable enactment, any such notice
-gnay be given either by personal delivery thereof to the
-person tc be notified, or by deposit in the United States
mail in a sealed envelope, postage prepaid, addressed to
such person to be notified, at that person's left known
business address as the some appears in the pub i.ic records
or other records pertaining to the - natters to which such
novict.i -s directed. Service by mail shell be deemed to have
been completed at the time of deposit in the post office'or
in the official receptacle thereof.
1.01.310 Notices -- Proof. Proof of giving any notice
may be made by the eat t i f icatt of any of f icer or amp 1oyee of
this City or by the affidavit or declaration under penalty
of perjury of any person over the age of eighteen years,
which shows service in conformity with this Code or other
provisions of law applicable to the subject- matter
concerned.
Chapter 1 -N
CITY SEAL
Sec_ tons:
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 generally circular in form; shall -be not less than
two inches in diameter. At the base of -the seal shall appear
the words "MOORPARK,- CALIF -." "Incorporated -July 1, 1983."
Within shall appear: The blossom of the Moorpark Apricot as
shown below:
IMM
Chapter 1:-06
CITATIONS IN LIEU OF MEDIATE ARRA►IGWENT
Sections:
1.06.010 Notice to appear in lieu of arrest.' -
1.08.050 Issuance of citations by designated officers
and employees.
1.08 010 Notice to appear in lieu of arrest. In any
case in which a person is arrested for a violation of any
provision of this Code and does not demand to be taken
before a magistrate, such person may, in lieu of being taken
before a magistrate, be issued a written notice to appear in
court and may then be released, all pursuant to and in
accordance" with the procedures prescribed by California
Penal Code Section 853.6 et seq.
1.0a 050 Issuance of citations by designated officers
and employees. Officers and employees of the city who have
the discretionary duty to enforce a statute or ordinance
may, pursuant to Section 836.5 of the Penal Code and subject
to the provisions of this section, arrest a person without a
warrant whenever any such officer or employee has reasonable
cause to believe that the person to be arrested has
committed an offense in the officer's or employee's presence
which he or she has the discretionary duty to enforce, and
to issue a notice to appear, and to release such person on
his or her written promise to appear in court, pursuant to
Section 653.6 of the Penal Code. No officer or employee
shall be allowed by his or her superior to exercise the
arrest and citation authority conferred in this section
unless such officer or employee is within a classification
Of city officers and employees designated by resolution of
the city council to exercise such arrest and citation
authority as to specified violations. The city manager
shall establish and cause to be administered a special
enforcement training program designated to instruct each
officer or employee who will exercise such arrest and
citation authority, regarding the provisions of the statutes
and ordinances to be enforced, the evidentiary prerequisites
to proper procedures for making arrests or otherwise
prudently exercising such arrest and citation authority, and
the legal and practical ramifications and limitations
attendant thereto. Any such officers or employees shall be
appropriately instructed to deposit executed citations or
notices with the police department for filing with the
court, after review for legal sufficiency.
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Chapters:
1.D6
2 M
.10
2-- 12 .
2.16
.l
.1�
.44
2 5D
s
2.55
Sec_.. t._ i ons :
Title 2
ADMINISTRATION AND PERSONNEL
Council
oards and Commissions — General Prowl
City manager
City-Clerk
hector of Finance and General Servi
City reasurer
City Attorney
omnun�t ervices Commission
Disaster Relie •.
eace Officer cer 'gaining Standards
gdministrsiive Mandamus: Statute of
Limitations
Holidays Observed by the City
Chapter 2.04
CDl1NC I L
Ions •
es
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 DID Time of reoular meetings. The regular
amp tinos of the city council shall be held On the first and
third 1--Tednesdays of each month at the hour Of seven
p.m.
2.04.020 Place of regular meetings. The regular
meetings of the city council shall be held at the Moorpdrk
Community Center, 799 -- Moorpark Avenue, Moorpark, California.
2.04.D30 Improper conduct at meetino. Any member or
other person using profane, vulgar, loud or boisterous
language at any meeting or otherwise interrupting the
proceedings, who refuses to be seated or kept quiet when
ordered to do so by the mayor or other presiding officer of
the council, is guilty of a misdemeanor.
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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 activi-
ties, and regulations pertaining thereto.
2.04.050 Reimbursement. When approved by the city council each
-member of the council shall receive reimbursement f6r
actual and necessary expenset incurred in the performance of
official duties for the city, pursuant to the provisions of
Sertion 36514.5 of the Government Ccde.
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 *,here applicable, shall be made by the city council.
2.04.100 Appeals to Council. (a) Except when an
appeals procedure is otherwise specifically set forth in
this Code, any person excepting to the denial, suspension,
or revocation of a permit applied for ,or held by him
pursuant to any of the provisions of this Code, or to any
administrative decision made by any official of the city, if
the denial, suspension, or revocation of such permit or the
determination of such administrative decision involves the
exercise of administrative discretion or personal judgment
exercised pursuant to any of the provisions of this Code,
may appeal in writing to the council by filing with the c ity
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.
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2.00.110 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 act forth (h) the
specific action appealed from, (2) the specific grounds of
the appeal�snd (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 some to the appellant with a
statement of the 'respects in which it is, def icient, and the
appellent.:shall thereafter be allowed five days in which to
perfect and •r'ef i le 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 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 some necessary in
the public interest. if a hearing is ordered open to public
participation, notice thereof shall be given by publishing
notice of the some 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 nutters
set forth in his notice of appeal and shall have the burden
of establishing cause why the action appealed from should be
altered, reversed or modified. The council may continue the
matter from time to time; and at the conclusion of its
consideration may affirm, reverse or modify the action
appealed from and may take any action which might have been
—14—
legally taken in the first instance by the official or body
from whose action the appeal has been taken.
the appeal the findings l ruling on
g and action of the council shalt be
final and conclusive in the natter.
Chapter 2.06
BOARDS AND COWISSIONS -- GENERAL PRDVISIONS
Sections!
2.06 >Qlf� General rules regarding Commissions
2.06.020 Chairpersons, vi'ce- chairpersons -- 'Selection --
Terms.
2.06.010 Generav rules reoardino commissions
=.(a) Any member of a board or Commission of
may be removed from office at any this 'city
cause, by a majority vote of the y time, watt, or without
cases where the mayor or cat city council, except in
authority (in which cases such regular •;e not the appointing
maY exercise this power of removal). ppo�nting authority
himself without advance If a member absents
commission Permission of !fie board or
consecutive regular Meetings pornfing twentority, from three
the duly scheduled meetings of the y e Percent of
within any fiscal year, his office commission
vacant and shall be filled as an
eases where the mayor or city council tare not the Except in
authority, no person shall be appointing
substantially more than two full Consecutive terms and serve
single board or commission, and an upon any
substantially two full
consecutive and yteerson who has served
reappointed to the same board or commissions until not e
the time equal to one full term has elapsed. at leas
(b) Unless otherwise provided by
or resolution of the city council, alt Members ofyboardsn and
e
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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-chsirpersons-- 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 3D, choose one
of its number as chairperson and one as vice - chairperson.
Each chairperson and vice - chairperson shell have authority
and perform such duties as are commonly associated with
their respective titles, or as may be specially prescribed
by law or by the by laws or other rules of the board or
commission. Vacancies in either such position occurring
prior to July 1 may be filled as in the first instance, and
a new .heirperson or vice - chairperson may be chosen at any
time by - majority vote of all members - of the board -or
commission.
Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Office created - Term.
2.08.020 Eligibility.
2.08.030 Compensation.
2.08.040 Expense reimbursement.
2.08.050 Designation of acting city manager.
2.08.060 Powers and duties.
2.08.070 Relations with council.
2.08.080 Departmental cooperation.
2.08.090 Attendance at commission meetings.
2.08.100 Removal: Nbthod - Notice.
2.08.110 Removal: Hearing.
2.08.120 Removal: Suspension pending hearing.
2.08.130 Removal: Council discretion.
2.08.1.40 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
city manager is created and
shall be appointed by the city
of administrative and execut
The city manager shall hold
pleasure of the city council.
Term. The -office of the
established. The city manager
council wholly on the basis
ive ability and qualifications.
office for and during the
—1�-
2.08.020 Eligibility: NO member of the city council
shall be eligible for appointment as city manager until one
year has elapsed after such council member has ceased to be
a member of the city council.
r
2.08.030 Compensation. The city manager shall
receive such compensation and expense allowances as the city
council shall from time to time determine, and such
compensation shall be a proper charge against such funds of
the city as the council shall designate.
2 08 040 Expense reimbursement. The city manager
shall be reimbursed for all actual and necessary expenses
incurred by him in the performance of his official duties,
including those incurred when traveling on business
:),trtsining to the city,
1.08 050 Designation of acting city manager. The
14sistant city manager shal F serve as manager pro tempore
during any temporary absence or disability of the city
manager. In the event there is no assistant city manager to
to 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 }read of the government of the city
under the direction and control of the city council except
as otherwise provided in this chapter. The city manager
shall be responsible for the efficient administration of all
affairs of the city which are under his control. In
addition to his general powers as administrative head, and
not as a limitation thereon, he shall be expected to, and
shall have the power to:
(1) Enforce all laws and ordinances of the city and to
see that all franchises, contracts, permits and privileges
granted by the city council are faithfully observed-;
(2) Appoint, remove, promote and demote any and all
officers and employees of the city except elective officers
and the city attorney, subject to all applicable personnel
rules and regulations which may be adopted by the city
council;
(3) Control, order and give directions to all
department heads who are subject to his appointment and
removal authority, and to subordinate officers and employees
of the city under his jurisdiction through their department
heads;
(4) Conduct studies and effect such organization and
reorganization of offices, positions or units under his
direction as may be indicated in the interest of efficient,
effective and economical conduct of the city's business;
(S) 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 or
the proper pertnrmance of any of the obligations of the
city; and further, to investigate all complaints in relation
to matters concerning the administration of the city
governme -nt and in regard to the service maintained by pubic
utilities iii 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
count'! l ;
(12) Have the some authority as the mayor (as
conveniences to the parties may dictate) to sign documents
specified in Section e0602 of the Government Code of the
State whenever such documents have been approved by the city
council for execution by resolution, motion, minute order or
other appropriate action; and
'(13) Perform such other responsibilities and exercise
such other powers as may be delegated to him from time to
time by ordinance or resolution or_other official action of
the city council.
2.08.070 Relations with council. The city council
and its members shall deal with the administrative services
of the city only through the city manager, except for the
purpose of inquiry, and neither the city council nor any
member thereof shall give orders to any subordinates of the
city manager. For purposes hereof, "inquiry" means any and
all communications short of giving Orders, directions or
instructions to any member of the administrative staff.
Such members shall give all information reasonably requested
by any councilmember. The city manager shall take his
orders and instructions from the city council only when
sitting in a duly convened meeting of the city council and
no individual councilman shall give any orders or
instructions to the city manager. The city council shall
instruct the city manager in matters of policy. Any action,
determination or omnission 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
—16—
city clerk to assist the city manvger in administering the
affairs of the city efficiently, economically and
harmoniously.
2.08.090 Attendance at commission meetings. The
city manager may attend any and all meetings of the planning
commission, and any other commission, board or committee
created by the city council, upon his own volition or upon
direction of the city council. At such meetings which the
city manager attends, he shall be heard by such commissions,
boards or committees as to all matters upon which he wishes
to address the members thereof. He shall inform such
members as to the status of any matter being considered by
the city council. and he shall cooperate to the fullest
extent with members of all commissions, boards or committees
appointed by the city council.
.2.08.100 Removal: Method - Notice. The removal of
the city manager shall be effected only by a majority vote
of the whole council as then constituted, convened in a
regular council meeting.
2.06.11D Agreements with
chapter shall be construed as
authority of the city council to
agreement with the city manager
and conditions of employment
provisions of this chapter.
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council. Nothing in this
s 1— imitation on the power or
enter into any supplemental
delineating additional terms
not inconsistent with on)
C: l TY 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 Stste.
2.10.020 Compensstion. The city clerk shall receive
such compensation and expense allowance as the city council
shall Eton+ 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 A 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.
The principal functions of the city clerk shall be to:
(1) Attend all meetings of the city council and be
responsible for the recording and maintaining of a record of
all the actions of the council;
(2) Keep all ordinances and resolutions of the council
in such a manner that the information contained therein will*
be readily accessible and open to the public. The city
clerk shall attach to the original copy of each ordinance a
certificate which 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
public until such time as any of the records may be
destroyed, or reproduced and the original destroyed, in
accordance with State law;
(a) Serve as the official custodian of all city
records;
(5) Be the custodian of the seal of the city;
(6) Prepare the council agendas, in conjunction with
and under the direction of the city manager;
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(7) Perform the duties prescribed by the Elections Code
of the State in conducting municipal elections;
(8) Perform the duties imposed upon city clerks by the
California Political Reform Act;
(9) Be responsible for the publication of all the official
advertising of the city;
(10) Be responsible for the maintenance and distribution
of the municipal code;
(11) Process all claims filed against the city and its
officers, agents, or 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; and
(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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Chapter 2.15
CITY TREAStRER
Sections:
2.15.010 Authority for office.
2.15.020 Compensation.
2.15.030 Functions.
2.15.010 Authority for office. The office of the
city treasurer is established pursuant to Sectit,n 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.
2.15.03D Functions. The city treasurer shall
perform such duties as are prescribed by Sections 41000
through 41007 of the Government Code of the State and by any
other provisions of law applicable to deposit and investment
and safekeeping of public funds of the city.
Chapter 2.16
CITY ATTORNEY
Sections:
2.16.010 Office created.
2.16.020 Compensation.
2.16.030 Functions.
2.16.010 Office created. The office of the city
attorney is hereby established. It shall consist of the
city attorney and such assistants as may be authorized by
the council. The city attorney shall administer the office
and be responsible for the successful performance of its
functions. He shall serve under the direct supervision and
control of the council as its legal advisor.
The council may retain or employ other attorneys,
assistants, or special counsel as may be needed to take
charge of any litigation or legal matters or to assist the
city attorney therein.
2.16.020 Compensation. The city attorney shall
receive such compensation and expense allowance as the city
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council ah•1l from time to time determine, and such
compensation shall be a proper charge against such funds of
the city as the City council shall designate.
.' 2.16.030 Functions. The functions of the office of
the city attorney shall be to:
(1) Advise the council and all city officers in all
matters of law pertaining to their offices;
(2) Furnish legal service at all meetings of the
council, except when excused or disabled, and give advice or
opinions on the legality of all matters under consi'derstion
by the council or by any of the boards and commissions or
officers of the city;
(3) Prepare and /or approve all ordinances,
resolutions, agreements, contracts, and other legal
instruments as shall be required for the. proper conduct of
the -b.usiness of the city and approve the form of all
ggn_ttscts and agreements and bonds oiven to the eity:
(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.
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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.
2.20.050 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 council members.
2.20,110 Emergency operating centers.
2.20.120 Prohibited acts iduring emergencies.
2.20.180 Proclamation of emergency--Detemination--
Authority.
2.20.190 Proclamation of emergency -- Effective when --
Term.
2.20.200 Proclamation of emergency- -Rules and
regulations -- Powers of city manager.
2.20.210 Requisition of equipment or personnel.
2.20.220 Termination of emergency.
2.20.230 Penalty for violation. _
2.20.01D General purposes. The purposes of this
chapter are to provide for the preparation and carrying out
of plans for the protection of persons and property within
the city in the event of the emergency or disaster
conditions hereinafter referred to; the direction of the
disaster organization; and the coordination of the disaster
functions of the city with the county and with all other
public agencies, corporations, organizations, and affected
private persons.
2.20.020 Definitions. As used in this ehaptet:
(1 ) "State of war emergency" means the condition which
exists immediately, with or without a proclamation thereof
by the Governor, whenever this state or nation is attacked
by an enemy of the United States, or upon receipt by the
state of a warning from the federal government indicating
that such an enemy attack is probable or imminent;
(2) "State of emergency" means the duly proclaimed
existence of conditions of disaster or of extreme peril to
the safety of persons and property within the state caused
by such conditions as air pollution, fire, flood, storm,
epidemic, riot or earthquake or other conditions, other than
conditions resulting from a labor controversy or conditions
causing a "state of war emergency," which conditions, by
reason of their magnitude, are or are likely to be beyond
the control of the services, personnel, equipment, and
facilities of any single county, city and county, or city
and require the combined forces of a mutual aid region or
regions to combat;
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(3) "Local emergency" means the duly proclaimed
existence of conditions of disaster or of extreme peril to
the safety of persons and property within the territorial
limits of s county, city and county, or city, caused by such
conditions as air pollution, fire, flood, storm, epidemic,
riot or earthquake or other conditions, other than
conditions resulting from a labor controversy, which
conditions are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of that
political subdivision and require the combined forces of
other political subdivisions to combat;
(4) Other terms used herein shall have meanings as
used in the California Emergency Services Act.
2.20.030 Disaster corps. The city disaster corps
consists of all officers and employees of the city and its
agencies, together with all volunteers and all groups,
organizations and persons commandeered under the provisions
of the'Celifornis 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 his stead, of a "state of
emergency" affecting and including the city;
(3) Upon the declaration of a "local emergency" by the
board of supervisors of Ventura County, or by persons
authorized to act in its stead, atfecting and Including the
city; or
(4) Upon the declaration of a "local emergency" by the
city council of the city, or by persons herein authorized to
act in its stead.
2.20.050 Disaster director, The city manager shall
be the disaster director. in the absence, or Inability to
act, of the city manager, he shall automatically be
succeeded as disaster director by the officials and persons
named for this purpose, and in the order specified, In the
disaster operations plan of the city.
2.20.050 Disaster director -- Powers and duties. The
disaster director shall have the following powers and
duties:
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i
(1) To woke key appointment's, and to make all other
appointments or delegate the making of the some, within the
disaster corps;
(2) To request the city council to' proclaim the
existence of a "local emergency" if said council is in
session, of to issue such proclamation if said council is
not in session. Whenever a "local emergency" is proclsimed
by the director, the city council shall have taken action to
ratify the proclamation within seven days thereafter.or the
proclamation shall have no further force or effect;
(3) During the existence of a "state Of war
emergency," or the proclaimed existence of a "state of
emergency" or a "local emergency" affecting the city, to:
(A►) Control and direct the activities of the city
disaster corps;
(8) 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 iffected by any conditions proclaimed as
provided herein;
(G) Require emergency services of any city officer
or employee and to command the aid of as many citizens of
the city as he thinks necessary in the execution of his
duties;
(H) Exercise complete authority over the city and
to exercise all police power vested. In the city by the
Constitution and general laws;
(4) In addition to the powers granted herein, the
director shall have such powers incidental to the
performance of his duties as said director as shall be
necessary to allow him to carry out the disaster operations
plan of the city, it being the intent of this chapter that
the enumerated powers herein are not intended to be
limitations upon his powers.
2.20.070 Office of disaster preparedness. There is
created the city office of disaster preparedness which shall
consist of such positions as may be established by the city
manager.
2.20.080 Powers on succession. Each person who
shall succeed to each position or office as provided herein,
and as provided in the disaster operations plan of the city
shall succeed to all the powers and duties of'the office
succeeded to immediately upon such succession.'
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2.20.090 Orders isy 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 misdamesnot.
2.20.100 Line of succession for eouncilmembers. The
line of succession for the position of mayor during a state
of emergency, war emergency, loetl emergency or other
condition of disaster, unless otherwise ordered by the city
council, shall be mayor pro tempore followed by the
remaining city counciimembers in 'the order of their
seniority, Extluding standby successors who may have been _
appointed pursuant to Section 6636 of the Government Code of
the state.
2.20.210 Emergency operating centers. Unless
exigencies render the some impossible or unduly hazardous to
safety, two emergency operating centers shall normally be
maintained within the city; one of these at the city hall,
and the other at the police headquarters.
2.20.120 Prohibited acts during emergencies. it is
a criminal act and a misdesneanor, for any person during a
state of emergency, war emergency, local emergency or other
condition of disaster:
(1) Willfully to obstruct, hender 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 ehspter if such -
is of such a nature as to give, or be likely to give,
assistance to the enemy, or to imperil life or property, or
to prevent, hinder or delay the defense or protection of
persons or property;
(3) To wear, carry or display, without authority, any
means of identification specified by the emergency services
or disaster or civil defense agencies of the federal or
state governments.
2.20.160 Proclamation of emergency -- Determination- -
Authority. Whenever riots, general civil disobedience,
multiple law violation or the threat of the some 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.
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2.20.190 Proclamation of r en"-- Effective when- -
Term. The proclamation of local emergency provided herein
shall become affective 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 man "er. After the issuance of
a proclamation of local emergency the city manager shall
have the power to make, issue and enforce rules and
regi- stations on matters reasonably related to the protection
o¢ life and property as affected by sold emergency;
provided, however, such rules and regulations shall -be
confirmed as soon as practicable by the city council. The
city manager is granted but shall not 'be limited to the
following powers:
(1) CURFEW. The city manager may order o 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 authorised by'the
owner, lessee or person in charge Qf 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 CLOSItC. The city fnanager 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) AL.COHDLIC 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) 1WEAPONS. 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;
(S) The city manager may designate any public street,
thoroughfare or vehicular parking area closed to motor
:M
' vehicles and pedestrian traffic during the course of such an
+emergency.
The foregoing specific authorizations of authority
vested in the city manager and other such authorizations as
deemed necessary during such emergencies are declared to be
imminently necessary for the protection of life and property
during such period.
2.20-210 Requisition of equipment or _personnel.
once a proclamation of emergency is issued, the city manager
may reggest the Governor for all necessary assistance,
requisition necessary personnel or materials from 01--y city
department or other source, control and direct all city
personnel and equipment, obtain vital supplies and such
other . properties found locking and needed for the protection
of tfio i i Ve and property of the people, and b ind the c i t_y M
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 accbrdance 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.
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t
Chapter 2.50
ADMINISTRATIVE M4N7AMUS: STATUTE OF LIMITATIONS
Sections: ,
2.50.010 Administrative decisions - Judicial review:
Time limits.
2.50.020 Decisions affected.
2.50.010 administrative decisions - Judicial review:
Time limits. The provisions of Section 1094.6 of the Code
of Civil Procedure of the State are hereby adopted by the
city council, and said provisions are hereby made applicable
in the city as further speci f ied 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 -July 2, 1983.
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Chapter 2.55
HOLIDAYS OBSERVED BY THE CITY
Sections:
2.55.010 Holidays observed by the City.
2.55.010 Holidays observed by the City. (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 ant
Sunr3ays,- 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)
(b) Veterans' Day (November 11)
(7) Thanksgiving Day (Fourth Thursday in November)
(6) 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.
(d) Notwithstanding the foregoing provisions of this
section, the city manager shall be authorized, by adr.,inistrative
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.
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del -
Title 3
REVENUE AND FINANCE
Chapters:
3.06 Investment of Moneys and Funds
3.10 Collection of Debts to the City
3.12 Purchases
3.16 .Demands and Claims
3.16 Special-Gas Tax Street Improvement Fund
3.20 Transfer of Tax Functions
3.22 Real Propertz Documentary Transfer Tax
3.24 Transient Occupancy Tax
Chapter 3.08
INVESTMENT OF MONEYS AND FUNDS
Sections:
3.06.010 Investment of city moneys and deposit of
• securities.
3.08.020 Authorized investments.
3.DE.D30 Sales of securities.
3.08.040 City bonds.
3.06.050 Reports.
3.06.D60 Deposits of securities.
3.06.070 Trust fund administration. •
3.0E-0i0 Investment of city mcnevs and deposit of
securities. Pursuant to. and in accordance with, ant 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 o! 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 3.08.01D9 the city
treasurer is authorized to purchase, at their original sale
or after they have been issued, securities which are
permissible investments under any provision of state law
relating to the investing of general city funds, including
but not limited to Sections 53601 and 53635 of the
Government Code, as said sections now read or may hereafter
be amended, from moneys in his custody which are not
required for the immediate necessities of the city and as he
may deem wise and expedient, and to sell or exchange for
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other eligible securities and reinvest the proceeds of the
securities so purchased.
3.08.030 Sales of securities. From time to time the
city treasurer shall sell the securities in which city
moneys have been invested pursuant to this chapter, =so that
the proceeds may, as appropriate, be applied to the purchase
for which the original purchase money may have been
designated or placed in the city treasury.
3.08.040 City bonds. Bonds issued by the city and
purchased pursuant to this chapter may be canceled either in
satisfaction of sinking fund obligations or otherwise if
proper and appropriate; provided, however, that said bonds
fray be held uncanceled. and chi le so held mey be resold.
3 :*06'.05D 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 3.06.010, 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 53606 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 far the securities so deposited and
shell 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.
3.06.070 Trust fund ad'ninistration. Any
departmental trust fund estaolished by the city council,
pursuant to Section 36523 of the Government Coce shall be
administered by the city treasurer in accordance with
Sections 3£523 and 36524 of the vcvernment Ccde and an,.
other applicable provisions of law.
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Chapter 3.10 .
COLLCCT ION OF DEBTS TO THE C1 TY
Sections:
3.10.010 Collection of Debts to the City
3.10.010 Collection of Debts to the City. The
amount of any fee, service charge, utility charge, license,
or tax of any nature whatsoever imposed by this Coee or by
an; other resolution, ordinance, rule, regulation or in any
other fashion by the City of Moorpark shall be deemed
a civil debt owing to the city. An setion may be commenced
in the dame 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.
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Chapter 3.13
PLF CHASE S
Sections:
3.12.010 Adoption of purchasing system.
3.12.020 Centralized purchasing divison.
3.12.030 Purchasing agent.
3.12.040 Purchasing regulations.
3.12.050 Exemptions from centralized purchasing.
3.12.060 Estimates of requirements.
3.12.070 Requisitions.
3.12.080 Purchase orders.
3.12.090 Encumbrance of funds.
3.12.1010 Inspection and testing.
3.12.110 Bidding.
3.12.120 Formal (sealed) bid procedures.
3.12.130 Notice inviting formal bids.
3.12.140 Published notice for formal bids.
3.12.150 Approved vendors list.
3.12.160 Bulletin board notice.
3.12.170 Bidder's security.
3.12.175 Other formal bond requirements.
3.12.180 Formal bid opening procedure.
3.12.190 Rejection of formal.bids.
3.12.200 Award of formal bid contracts..
3.12.210 Tie formal bids.
3.12.215 No formal bids.
3.12.230 Open market or informal bid procedure.
3.12.240 Minimum number of informal bids.
3.12.250 Notice inviting informal bids.
3.12.260 Record of informal bids.
3.12.270 Exceptions to competitive bidding
requirement.
3.12.300 Surplus supplies and equipment.
3.12.310 Surplus supplies - -Trade ins.
3.12.320 Surplus supplies - -Sale.
3 12 010 Adoption of purchasing system. in order to
establish efficient procedures for the purchase of supplies
and equipment at the lowest possible cost commensurate with
Quality needed, to exercise positive financial control over
purchases. tc clearly define authority for the purchasing
function and to assure the quality of purchases, a
purchasing system is adopted.
3.12 020 Centralized purchasing division. There is
created a centralized purchasing division to 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
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"purchasing officer and shall be the city_waneger. eneral
The purchasing agent shall be the ttesd! ^d have q
supervision of the purchasing division.
one 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
ant such other rules and regulations as shell be prescribed
by the city council or the city manager;
(2) Negotiste and recommend execution of contracts for
the purchase of supplies and equipment;._
(3)' Act to procure for the city the needed quality in
supplies and equipment at least, expense to the city; -° - -
(4) Discourage uniform bidding and endeavor to obtain
as full and open competition as possible on all purchases..
(5) Prepare and recommend to the city council rules
governing the purchase of supplies and equipment for the
city;
(6) Prepare and recommend revisions and amendments to
the purchasing rules.
(7) Keep informed of current developments in the field
of purchasing, prices, market conditions and new products.
(6) Prescribe and maintain such forms as are
reasonably necessary for the operation of this chapter and
other rules and regulations.
(9) Supervise the inspection Of all supplies and
equipment purchased to insure conformance with
specifications.
(10) Recommend the transfer of surplus or unused
supplies and equipment between departments as needed.
(11) Maintain an approved vendors list, vendors'
catalogue file and records needed for the efficient
operation of the purchasing division.
3.12-040 Purchasing regulations. The purchasing
agent shall be responsible for determining that the
regulations and procedures in Sections 3.12.050 through
3.12.110 are carried out.
3.12 030 Exemptions from centralised purchasino,
The city msnsger may authorise, in writing, any department
to purchase specified supplies and equipment independenth-
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 authorisation.
3.12-060 Estimates of requirements. All using
departments shall file detailed estimates of their
requirements in supplies and equipment in such wy nner, 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 forms, or by other means as
may be established by the purchasing rules and regulations.
3.12.060 Purchase orders. Purchases of suppliss 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.
3.12.040 Encumbrance of funds. Except in cases of
emergency, the purchasing agent shell not issue any purchase
order fo7' supplies or equipment unless there exists an
unencumbered appropriation in ,the fund account _against which
said purchase is to be charged.
3.12.100 Inspection and testing. The purchasing
agent shall, in his discretion, inspect supplies and
equipment delivered to determine their conformance with the
specifications set forth in the order. The purchasing scent
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 $iddinc. Purchases of supplies and
equipment shall be by bid procedures pursuant to Sections
3.12.120 through 3.12.260. $idding mad be dispensed with
Only under conditions stated in Section 3.12.270.
3 12.120 Formal (sealed) bid procedure. Except as
otherwise provided herein, public projects, as defined in
Section 37901 of the Ca!ifornis Government Cc:e. a'd
purchases of supplies and equipment of an estirrF. tec value
greater than five thousand dollars shall be awardec' to t -,e
lowest responsible bidder pursuant to the formal bid
procedure hereinafter prescribed.
3.12 130 Notice inviting formal bids. Notices
inviting formal bids shall include a general description of
the article or service desired, shall state where bid
documents and specifications may be secured, and the time
and place for opening bids.
3.12.140 Published notice for formal bids. Notices
inviting formal bids shall be published at least ten days
prior to the date of opening of the bids. Notices shall be
published at least once for non - public projects and at least
twice, not less than five days apart for public projects, in
a newspaper of general circulation in the city.
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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 mode 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 ir other cases when deemed necessary by the
purchasing agent, formal bids shall be accompanied by
security, either case, cashier's check, certified check or
surety bond, in a Burn equal to ten percent of the total
aggregate 0 the bid, and shall be designated in the notice
inviting bids. Bidders shall be entitled to return of- -b i-d
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 band and Isbor and material bond shall be
required for all public projects, #jnless waived by the city
council, in an amount reasonably necessary to protect the
best interests of the city. In addition, the city council
shall have authority to require a faithful performance bond
or other bonds before entering into a contract other than a
public project contract. if bonds are required, the form
and amount thereof stall be designatec in the notice
inviting bids.
3.12.18D Formal bid opening 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
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
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specificstions or as they voy be
based upon the Original roCedures prescribed herein.
dified in accordance with p
mo +
Except ss
3.12.200
Award of formal
otmabid
l b�dtrcontracts shall be nsible
otherwise. provided herein,
awarded by the city councilf t- lowest responsiblepbidder"
bidder. The determination o council p ursuant to
shall
be at the discretion of the city n the purchasing
findings and reeonendations presented by
agent at the time of award of contract. .
3.12.210 Tie formal bids.
if two or more formal
for the same total amount or unit price,
bids received are
Quality and service being eque. and if the public interest
not permit the delay of readvertising for bids, the
wi l l t the one it chooses
city council may in its discretion 9eifrer negotiation with
or accept.. the lowest bid made he opening or award of
the tie bidders at the time of the bid ope 9
contract.
no
3.12.215 No formal bids. When no formal bids or
!etponsive bids are received, the purchasing officer is
negotiate for written proposals, and his
authorized to g resented to the city manager and
recorrmendet i on shall be D applicable
sward, if any, shall be made in accordance with
provisions prescribed herein.
3.12.230 Men market or informal bid rocedure.
Purchases of supplies and equipment of es tay be made by
the amount of five thousand dollars nr miTkt'Laputsuant to the
the purchasing agent in the open through 3.12.260
procedure prescribed in SectjDrocedure•OTescrbedin Sections
and without observing the procedure
however, all biddinc
3.12.120 through 3.12.215; f supplies and
may b! dispensed with for purchases less than one
o
equipment having s total estimated value of
thousand dollars. Open
p Minimum number of informal bids.
3.12.2 0 wherever possiDie, be based on at
market purchases shall, n shall be awarded to the
least three informal bids, a d after
bidder offering the most advantageOdurability, servicing,
consideration of price, quality,
delivery time, standardization, and other factors.
informal bids The
3.12.250 Notice i n v i t i n
written
purchasing agent shall solicit infoby telephone* or by
requests to prospective vendors, or by
public notice posted on a public bulletin board at the city
offices. '
Record of informal bids. The purchasing
3.12.260 market
agent shall keep a written record of all year. This
purchases and informal bids for a prtodp�bl�reinspection.
record, while so kept, shall be open
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s
3.12.270 Ext"tions to competitive bidding
requirement. Notwithstanding any provision of this chapter
to the contrary, the competitive bidding procedures and
P� requirements may be dispensed with in any of the following
instances.
(1) When the estimated amount involved is less than
one thousand dollars;
(2) When the commodity can be obtained from only one
vendor; .
(3) The city manager may authorize the purchase of
materials, supplies, equipment and services where an
emergency .is deemed to exist and it is determined that
service involving the public health, safety or welfare would
be interrupted if the normal procedure were followed. All
emergency purchases, which would otherwise require formal
bidding procedures, made pursuant to this section shall be
submitte d to the city council for ratification at the next
regular council meeting after the purchase -is authorized;
14) The city council may authorize the execution of
contracts for personal services, for professional and
consultant services, and for other, nonpublic projects and
for contractual services without observing the bidding
procedures provided herein where the amount of the contract
exceeds the value of five thousand dollars;
13) The city manager is authorized to enter into
contracts for personal services, for professional and
consulting services and for other contractual services
without observing the bidding procedure provided herein
where the amount of the contract does not exceed the amount
of five thousand dollars; provided there exists an
unencumbered appropriation in the -fund account against which
said expense is to be charged.
;5; Any agreement involving- acquisition of supplies,
equipment or service entered into with another governmental
entity.
3,12,280 Reoulations re selection of contract
services. ?he cit. council shall b� resolution prescribe
pro— r� edures, rules and regulations governing the
solicitation, selection and award of proposals or bids for
the furnishing of personal services a professional or
consulting services or for other contractual services, the
contracts for which may be awarded without observing the
bidding procedures provided for Lin this chapter. Such
procedures, rules and regulations shall have as one purpose
the obtaining of contractural services of the highest
quality together with cost - effectiveness.
3 12 300 Surplus supplies and equipment. All using
departments shall submit to the purchasing agent, at such
times and in such forms as he shall prescribe, reports
showing all supplies and equipment which are no longer used
or which have become obsolete and worn out.
3.12-310 Surplus supplies - -Trade __i_n$. The
purchasing agent shall have authority to exchange for or
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• trsde in on new supplies and egyipment all supplies and
equipment which cannot be used by any department or which
have become unsuitable for city use.
,.-. 3.12.320 Surplus supplies - -Sale. The purchasing
4' agent shall also have authority, subject to approval of the
city manager, to dispose of surplus supplies or equipment by
auction or by sale or otherwise after receiving bids or
proposals which, in his judgment, provide the maximum return
to the city.
Chapter 3.16
DEMANDS AND CLAIMS'
Sections:
3.16.010 Claims for money or damages.
3.16.020 Auditing prerequisite to payment.
3.16.030 Forms -- Blanks for demands.
3.16.040 Departmental approval of claims.
3.16.050 Approval by director of finance and general
services.
3.16.060 Prepayment of demands.
3.16.070 Register of demands.
3.16.DE0 City council approve -1.
3.16.090 Record of approved demands.
3.16.010 Claims for money or damaces. As a
prerequisite to bringing suit thereon against the cit: or
an, officer, department, commission or board of the cite,
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 env other, statutes
or regu.ations expressly re!at,ng thereto, stall be
presented and acted upon in accordance with 'Title 1,
Division 3.6, Part 3, Chapter 1 (commencing with Section
900: and Chapter 2 (commencing with Section 910), of the
Government Code of California. This section shall relate
only to the bringing of suit upon any claim, and shall not
be deemed to apply to the authority of the director of
finance and general services, the city council, and other
officers to process and pay, in the ordinary course of
business, the just obligations of the city, such as routine
salaries and wages, principal and interest on bonds,
payments for purchases, and other like expenditures for
which there- is an express budget appropriation, and in
connection with which there is no dispute as to the
obligation and amount being payable.
3.16.020 Auditing prerequisite to payment. No
payment shall be evade from the city treasury or out of the
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funds of the city unless the demand which is to be paid is
duly audited as prescribed herein or by other provisions of
law.
3.16.030 Forms -- Blanks for demands. Claims against the
city shall be paid on demands on the treasury as herein provided
on forms to be prescribed by the City Manager.
3.16.040 Departmental approval of claims. Except for
tort claims, every claim and demand received against the City
shall be first presented to and approved in writing by the
receiving department or office, which shall certify to the actual
delivery or rendition of the supplies, materials, property or
service for which payment is claimed; that the quality and prices
correspond with the original 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 Manager. Each demand approved
by the receiving department or office shall be presented to the
City Manager who shall satisfy himself whether:
(1) The claim is legally due and owing by the city;
(2) There are budgeted or otherwise appropriated funds
available to pay said claim;
(3) The claim conforms to a valid requisition or order;
(4) The prices and computations shown on the claim are
verified;
(5) The claim contains the approval of other departments
and officials as required.
3.16.060 Prepayment of demands. (a) Prepayment of
demands prior to audit by the city council may be made by the
City Manager in conformity with the authority provided by
Section 37208 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 demand, the warrant number
and date thereof, and transmit said register to the city council,
with approval or other report.
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16.Oa0 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
tecomnendat ions of the city manager.
3.16-090 Record of approved demands. Following
a�prOve! of the register of demands by the clty council, tf+E•f
Mayor and the city mansoer shell endorse the tegister o
audited demands to sionify ,here was proper processing of
demands - 'therein before the city council took action.
Chapter 3.16
SPECIAL GAS TAX STREET It.PRDVENENT FUND
Sections!
3.16.020 Created.
3.18.020 Moneys included.
3.1H.030 Expenditures.
3.16.DID Created. To comely with the provisions of
Section 2113 of the Streets and Highways Code of Cali forria
and to oval; the c ,
ity O-F its benefits its c. Sections 2:Df fir-c
21*', of s5 Cede. t!lere is he'etV c'ested in tt'f city
treasury a special fund to be know- as tt+e "Specia:
Street Improvement Fund."
3.18.020 Moneys included. All moneys received b�
the city frorr, the State of California under the provisions
of the Streets and Highways Code for the aquisition of real
property Or interests therein, or for engineering, or for
the construction, maintenance and improvement of streets or
highways b) the city shall be paid into said fund.
3 18 030 Expenditures. All moneys in said fund
shall be expended e*.lusi%'el% for the purposes authorized b%,
and subject to the provisions of the Streets and Highways
Code of California.
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Chapter 3.20
TRANSFER OF TAX FUNCTIONS
Sections:
3.20.010 Assessment and collection of city taxes ..by
county.
3.20.010 Assessment and collection of city taxes by
Count— to, and in comp:iance with Section 51501
of the Government Code of the State of California, the
assessment and tax Collection duties Which otherwise might
be performed by a city assessor and tax Collector are
transferred to the Assessor and Tax Co! lector ofi the CoLtn -ty
of Ventura.
Chapter 3.22
MEAL PROPERTY Dl7CUVENTARY TRAN-SF•ER TAX
Sections-
3.22.010 Short title -- Adoption.
3.22.020 Imposition -- Rates.
3.22.030 Pavment.
3.22.040 Tax inapplicable to instru•nents in writing
to secure depts.
3.22.050 Government and its agencies not liable.
3.22.06' Tax inapplicable to conLe•ances to make
effective plan a` reo7gari29tion or
adjustment.
3.22.070 Tax inapplicable to make effective ardor of
Securities and Exchange CL%nTrission.
3.22.080 Partnerships.
3.22.090 Administration.
3.22.100 Claims for refund.
3 22 010 Short title—Adoption. This chapter shall
be known as the "real property transfer tax ordinance of the
city." It is adopted pursuant to the authority contained in
Part_ 6.7 :commencing with Section 11901) of Division 2 of
the Re %enue and Taxation Code of the state.
3.22 020 Imposition —Rates. There is imposed on
each deed, instrument or writing by which any lands,
tene-nents. 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
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or persons, by
consideration or
(exclusive Of the
remaining theron
dollars, a tax at
cents for each f
thereof.
his or their direction, when the
value of the interest or property conveyed
value of any lien or encumberences
at the time of salt) exceeds one hundred
the rate of twenty -seven and one-half
ive hundred dollars or fractional part
3.22.030 Payment. Any tax imposed pursuant to
- Section 3.22.020 shall be paid by any person who makes,
signs or issues any document or instrument subject to the
tax, or for whose use or benefit the same is made, signed or
issued.
3 22 -O&O Tax inapplicable to instruments in writing
to secure debts. Any tax impcsed pursuant to tr..s chapter
shat] not apply to any instrument in writing given to secure
is debt,
3.22.050 Government and its agencies not liable.
The United States or any agency or instrumentality thereof,
any state or territory, or politics] subdivision thereof, or
the District of Columbia shall not be._Jj able for any tax
imposed pursuant to this chapter wi "th_._tespect to any deed,
,ns`tru -rent 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 ina :)licable to conveyances 'to make
effective plan of reorganization or adIustr`e2t. Any tax
imposed pursuant to this chapter shall not apo1% to the
making, delivering or filing of conveyances to make
effective any plan of reorganization or or ad.
(1) Confirmed under the Federal EsnKrupc• Act, and
amended;
;2;• Aoprcved in an equity receivership ,rOCeeding
in a court in.cl.ing a railroac corporation. as de`ir,ed in
subdivision '.m' 04 Section 205 of Tit If 11 0 the United
States Code, as amended; or
13` Approved in an equit% 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
(A; Whereby a mere change in identity, form or
place of organization is effected.
Subdivision (1, to (A), inclusive, of this section
shall only apply if the making, delivery or filing of
instruments- of transfer or eon•e±ances occurs within five
years from the date of such confirmation, savrOval or
change.
3 22 070 Tax inapplicable to make effective order of
Securities and Exchange Comnis5iOn. Any ta* imposed
pursuant to this chapter shall not apply to the making or
delivery of conveyances to make effective any order of the
-45- il
Securities and
s. of Section
only if:
Exchange Comnisicn, as defined in subdivision
1083 of the Internal Revenue Code of 1954; but
(1) The order of
Comniasion in obedience to
recites that such conveyance
effectuate the provisions o
United States Code, relating
Company Act of 1935;
(2) Such order ape
ordered to be conveyed;
(3) Such conveyance
order.
the Securities and Exchange
which such conveyance is made
is necessary or appropriate to
f Section 79k of Title 15 of the
to the Public Utility Holding
cities the property which is
is made in obedience to such
3.22-080 Partnerships. {e) In the case of and
really 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; 'A (1;• Such partnership (or another partnership, is
considered a continuing partnership within the meaning of
Section 706 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 whereb%
there was conveyed, for fair market value :exclusive of the
value of an.• lien of encumbe:ences remaining thereon;, all
realty held by such partnership at the time of such
termination.
;c: Not more than one tax shell be imposed pursuant to
this chapter by reason of a termination described in
subdivision ;b`, and any transfer pursuant thereto. with
respect to the realty held by such partnership st the tine
of the such termination.
3.22.090 Administration. The ccur.t reccr�er s`r:'
administer this chapter in conformity with the prc%isivns
Part 6.7 of Division 2 of the Revenue and Taxation Code a�•d
the previsions of any county ordinance adopted pursus -t
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.
-46-
•s
Posttn age of this
SECT JON 2• ._.._ --= after t e r the three
passage
within fifteer, days have it posted in the
the cit
ordinancc, y Clerk shall tion of the council.
:3: P
jbliC places designated by resolu
n ordinance and is for the
SECT 1ON 3, Ur enc ' ° . public is p health, and
'this ord�nsnce is an urgency eace,
imnedsste preservation of the P encv ate these: The it
ssfet >. The facts constituting the newly incorporated and
is
is newly
Cit• of Moorpark formerly unincorporated,
tompfises
territory take effect in'med�•tely �f
his oroinan�t Lade hs�inq • schem' of
necessary Choi t municip
order to provide a f ordinances as they are
g to Provide • basic
clsssificsend for timaoQtantlY• o uletions under
adcp2ed• and more and req
administrative IrsTe�+ork of rules • newly established
wh i cn the f undannents co-) pebet conductcd ,th
minicipal gover
Tnis ordinance accordingly shal take effect
l
inrnediateIy -
• The foregoing ordinance was introduced, adopted. and
ordered published at a meeting of the council held on
w
T uly 2 1983 by the following vote:
� .,
Ayes: Councilmembers Beaulieu, Harper, Prieto, Straughan
and Mayor Yancy- Sutton
Noes: None
Absent None
ATTEST:
-47-
OR
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Doris D. Bankus City Clerk of the City of
Moorpark, Cali ornia, do hereby certify that the foregoing
Ordinance No. 2 was regularly introduced and placed upon
its first reading at a regular meeting of the City Council on
the 2nd day of July , 1983. That, thereafter,
said ordinance was duly adopted and passed at a regular meet-
ing of the City Council on the 2nd day of July ,
1983, by the following vote, to wit:
AYES: Councilmembers Beaulieu, Harper, Prieto,
Straughan and Mayor Yancy- Sutton
NOES: None
ABSENT: None
WITNESS my hand and the official seal of said City
this 2nd day of July , 1983.
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, DORIS D. BANKUS , City Clerk
of the City of Moorpark, Calfiornia, do hereby certify that the
foregoing Ordinence No. 2 was adopted by the City Council of
the City of Moorpark, at a regular meeting thereof, held on the
20 day of July , 1983, and that the same was adopted
by the following vote, to wit:
AYES: Councilmembers Beaulieu, Prieto, Harper,
Straughan and Mayor Yancy - Sutton;
NOES: None;
ABSENT: None.
WITNESS my hand and the official seal of said City
this 20 day of July 1983.
CITY CLERK
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS,
CITY OF MOORPARK )
I, DORIS D. BANKUS , City Clerk of the
City of Moorpark, California, do hereby certify that on JULY 15 ,
19 83 I caused to be posted the foregoing Ordinance No. 2 ,
entitled: AN ORDINANCE OF THE CITY OF MOORPARK ESTABLISHING
THE MOORPARK MUNICIPAL CODE, AND ENACTING TITLES 1 2 AND 3
THEREOF RELATING TO GENERAL PROVISIOM, ADMINISTRATION AND
PERSONNEL, AND REVENUE AND FII\ANCE
at the following three public places, as designated by the Moorpark City
Council by Resolution No. 83 -I1, adopted July 2, 1983:
(1) Moorpark City Hall, 799 Moorpark Avenue, Moorpark
(2) Moorpark Post Office, 189 High Street, Moorpark
(3) Moorpark College, Administration Building,
7075 Campus Road, Moorpark
WITNESS my hand and the official seal of said City, this
15 day of July- , 19 83
City Clerk
�L)