HomeMy Public PortalAbout9BAGENDA
ITEM 9.B.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: December 7, 2010
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager( 1�`
By: Bryan Ariizumi, Public Safe'iy Officer Pc
SUBJECT: FIRST READING OF PROPOSED ORDINANCE NO.10-938 AMENDING
SECTIONS 3320, 3322, 3323, 3325 AND 3329 OF THE TEMPLE CITY
MUNICIPAL CODE RELATING TO OVERNIGHT PARKING ON CITY
STREETS
RECOMMENDATION:
The City Council is requested to:
a) Have the City Clerk read the title of Proposed Ordinance No. 10-938;
b) Adopt a motion waiving further reading of Proposed Ordinance No. 10-938; and
c) Adopt a motion introducing on first reading, by title only, Proposed Ordinance No.
10-938.
BACKGROUND:
1. On October 19, 2010, the City Council reviewed the overnight parking ordinance
and directed staff prepare an amendment to the overnight parking ordinance to
implement the following changes:
• The restricted hours for overnight parking will now be from 2 a.m. to 5
a.m.,
• Residents with a take home company vehicle may apply for an annual
overnight parking permit if the applicant provides a copy of the registration
for the work vehicle and a letter from their supervisor on company
letterhead. The letter must indicate that the vehicle is issued to the
applicant and that the applicant is authorized to take the vehicle home at
night;
• An annual overnight parking permit may now be placed in two (2)
locations on the vehicle, 1) on the lower left hand corner of the rear
City Council
December 7, 2010
Page 2
window; or 2) on the left hand side of the rear bumper;
• Residents may now apply for up to two (2) temporary conditional permits
per year when a vehicle with a valid annual overnight parking permit is
disabled and is in the shop for repair. The resident must provide
documentation (i.e., estimate/quote for repair, work order, etc.) from the
repair shop. The issuing officer may issue the temporary conditional
permit at no charge for a duration up to thirty (30) days; and
• The Public Safety Commission will hear residents appeal for a hardship
review if the resident does not meet the criteria for an annual overnight
parking permit or is requesting an exemption from the criteria.
Staff is proposing an amendment to the current overnight parking ordinance, which
implements the City Council's direction at the October 19, 2010 City Council meeting.
CONCLUSION:
The City Council is requested to consider adoption of Proposed Ordinance No. 10-938,
amending sections 3320, 3322, 3323, 3325, and 3329 of the Temple City Municipal
Code relating to overnight parking on City streets.
FISCAL IMPACT
This item does not have an impact on this year's fiscal 2010 — 2011 budget.
ATTACHMENT(S)
A. Proposed Ordinance No. 10-938
B. Staff Report from the October 19, 2010 City Council meeting
ORDINANCE NO. 10-938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, REVISING THE OVERNIGHT PARKING PERMIT
PROCESS AND FEE PROVISIONS OF PART 3 OF ARTICLE A OF
CHAPTER 3 OF TITLE 3 OF THE TEMPLE CITY MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Section 3320, subdivision B of Section 3322, subpart 9 of subdivision A and subpart 4
a & b of subdivision B of Section 3323, subpart 1 of subdivision A of Section 3325 and Section 3329 of Part 3
"Parking Restrictions," of Article A of Chapter 3 of Title 3 of the Municipal Code of the City of Temple City are
hereby amended to read as set forth in Attachment "A" to this Ordinance.
SECTION 2: The City Council hereby declares that, should any provision, section, subsection,
paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared
invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions
of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted
the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this
Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 3: The City Clerk shall certify to the passage and adoption of this ordinance and to its
approval by the Mayor. The City Clerk is authorized and directed to cause this Ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the
City in accordance with Government Code § 36933(a) or, to cause this Ordinance to be published in the
manner required by law using the alternative summary and posting procedure authorized under
Government Code § 36933(c).
PASSED, APPROVED, AND ADOPTED this 21st day of December 2010.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I, Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance
No. 10-938 was introduced at the regular meeting of the City Council of the City of Temple City held on the 7th
day of December 2010, and was duly passed, approved and adopted by said Council at the regular meeting
held on December 21st, 2010 by the following vote:
AYES: Councilmember-
NOES: Councilmember-
ABSENT: Councilmember-
ABSTAIN: Councilmember-
City Clerk
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ATTACHMENT "A"
TITLE 3
CHAPTER 3
ARTICLE A. VEHICULAR TRAFFIC REGULATIONS
PART 3. PARKING RESTRICTIONS
3320. PROHIBITED PARKING PERIOD
No person shall stop, stand or park a vehicle, all forms of cycles and motorized scoters,
and bicycles including similar devises moved exclusively by human power, on any street or in any City or
Community Redevelopment Agency owned parking lot between the hours of 2:00 a.m. and 5:00 a.m. f*gg
a of any day, except as expressly provided in this part.
3322 OVERNIGHT PARKING PERMITS
B. Criteria.
Overnight parking permits provided for under this part may only be issued for a vehicle with
a gross weight rating of under six thousand (6,000) pounds and not exceeding 20 feet in
length. Recreational vehicles, boats, personal watercraft, trailers, all terrain vehicles, off -
highway motor cycles and inoperable vehicles are not eligible for overnight parking permits
under this part. Even though a motor vehicle may not qualify for an overnight parking permit
under this part, the City may nevertheless issue an overnight parking permit for a motor
vehicle owned by and issued to an employee of a federal, state, or local governmental
agency for their use. The City may issue an overnight parking permit for a commercial
passenger vehicle that is used by the registered owner for their personal business (i.e. an
individually owned taxi cab). The City may also issue an overnight parking permit for a
vehicle (hereinafter a "take home vehicle") assigned to the applicant as a take home vehicle
by the applicant's employer. An overniht_par_kinc permit will only be issued to a commercial
passenger vehicle or take home vehicle provided the motor vehicle meets the weight and
length requirements of this section and parking of the vehicle will not unreasonably impair
parking for other permit holders.
3323 ISSUANCE OF OVERNIGHT PARKING PERMITS
A. Application.
The registered owner of an eligible motor vehicle desiring an overnight parking permit
(annual or monthly), or for the transfer of such permit, shall file a completed application,
on the form furnished by the City, with the public safety officer or his/her designee. Each
application shall set forth the following:
$. ]f the applicant is requesting an annual overnfght parking_permit for a
take home vehicle the applicant will need to provide current vehicle
registration and a letter from his/her empl yer on the employer's
letterhead indicating that the specific vehicle has been issued to the
applicant and that the applicant is authorized to take the vehicle home at
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night and park it at his/her residence. The letter must include the
address of the applicant's residence.
B. Review by Issuing Officer.
4. Temporary Conditional Permit. The issuing officer may issue a
temporary conditionalpermit when:
a. The applicant's permitted vehicle is disabled and is in the shon
for repair provided that the applicant submits paperwork (i.e.
estimate/quote for repair, work order etc.) from the repair shop.
The temporary conditional permit shall not exceed thirty (30)
days in duration.
b_, A resident has active building permits for a construction project
which reduces available off-street _parking at the resident's
property_ during the course of construction. The resident may
apply for a temporary conditional permit, so as long as the project
is proceeding_without delay and is receiving the required
scheduled inspections tw the building inspector. A tem_porajy
conditional permit maybe issued for a period not to exceed third
(30) dam
4r Maximum number of permits. The maximum number of overnight
parking permits issued relating to any residence shall be set by resolution
adopted by the City Council.
F Availability of on -site parking. The City will deem on -site parking to be
available under the following circumstances:
a. There is at least one open and available parking space located
on the property, whether in a garage, carport, parking stall or
other permitted on -site parking.
b. An otherwise open and available parking space is occupied by an
inoperable vehicle, a vehicle without current valid registration, a
recreational vehicle, a trailer, an all terrain vehicle, an off -highway
motorcycle, boat or personal watercraft, or a commercial vehicle.
c. An otherwise open and available parking space is used for a
purpose other than parking, for example the storage of furniture,
goods, personal property or other materials.
d. An otherwise open and available parking space has been
unlawfully converted to a residential dwelling or other non -
permitted use.
3325 DUTIES OF PERMIT HOLDER
A. Display of Permits. The permit holder shall at all times display the overnight parking
permit, as required under this section:
1. Annual permits. All annual overnight parking permits shall be visibly placed
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on the outside of the rear (back) window in the lower left hand corner
(driver's side) or on the left hand side of the rear bumper, and the permit
shall not be effective unless so placed.
3329
Resswe€1, HARDSHIP
If an applicant does not meet the criteria for an annual overnight parking permit or is
reauesli an exemption from the criteria, the applicant may file with the Issuing Officer a hardshp
request on the form provided by the City. The Issuing Officer will review the request for completeness
within the times provided for such review in this Part. When the request is complete the Issuing Officer
will submit the request for review and consideration by the Public Safet Commission. The Public Safety
Commission will render a decision to approve or deny the hardship request within thir1(30) days of the
Issuing Officer's submittal.
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Tem le AGENDA
��.cc��y MEMORANDUMTEM9.A.
Staff Report
TO: THE HONORABLE CITY COUNCIL DATE: OCTOBER 19, 2010
FROM: JOSE E. PULIDO, CITY MANAGER it -
BY; BRYAN ARIIZUMI, PUBLIC SAFETY OFFICER
SUBJECT: REVIEW OF THE NEW OVERNIGHT PARKING ORDINANCE
SUMMARY
The City Council is requested to review the new overnight parking ordinance.
BACKGROUND
1. On June 1, 2010, the City Council read for the first time, proposed Ordinance No.
10-935, amending the overnight parking ordinance.
2. On June 15, 2010, the City Council read for the second time and adopted
Ordinance No. 10-935, amending the overnight parking ordinance.
3. On June 29, 2010, the City Council held a public hearing and adopted Resolution
No. 10-4679, establishing a temporary fee structure for the 2010 overnight permit
period and the maximum limit of overnight parking permits allowed per
household.
4. On July 6, 2010, staff posted information about the new overnight parking
ordinance, fees and application process on the City's website. A copy of
Ordinance No. 10-935 and Resolution No. 10-4679 was also posted on the City's
website.
5. On July 7, 2010, staff installed new overnight parking signs throughout the City.
The new signs state "Temple City, Parking Prohibited on City Streets 2 a.m. to 6
a.m."
6. On July 19, 2010, staff began issuing overnight permits in accordance with the
new ordinance. However, enforcement of the new restricted hours (i.e., 2 a.m. to
6 a.m.) was suspended until September 15, 2010.
7. On September 15, 2010, City staff and Sheriffs deputies began enforcing the
new restricted hours of the overnight parking ordinance.
City Council
October 19, 2010
Page 2
In the past month since the new overnight parking ordinance and permit application
process was implemented, staff and City Council have received complaints and
concerns from residents about the new process. At this time, staff has identified five
issues that have been brought to our attention and they are:
1. Annual permits for take home work vehicles. The new ordinance requires
that all vehicles listed on the application have current registration with the
applicant's address as the address on the registration card. The work
vehicles are registered to the applicant's employer and the address cannot
be changed;
2. The placement of an annual permit on the vehicle. Currently, all annual
permits must be placed on the outside lower left hand corner of the rear
window. If the permit is not placed appropriately, the permit is invalid.
Residents with a pick-up truck and camper shell must affix the permit to a
rear window. If the permit is placed on the window of the camper shell, the
permit would not be on the vehicle if the shell is removed. If the permit is
placed on the rear window of the cab, the permit would not be visible if the
camper shell is placed on the truck bed;
3. Temporary permits for vehicles in the repair shop. A resident has a vehicle
with an annual permit and the vehicle is in the repair shop. They are
requesting a temporary permit to place in their rental vehicle for the time
that their vehicle is in the shop. Currently, staff is advising the residents
that a temporary permit must be purchased from the temporary overnight
parking permit machine;
4. Number of annual permits per residence. Residents have stated that
restricting the number of annual permits to 2 per residence creates a
hardship for them; and
5. Hours for restricted parking. Previously, the restricted hours for overnight
parking was from 3 a.m. to 5 a.m. After the City Council adopted
Ordinance No. 10-935, the new restricted hours are from 2 a.m. to 6 a.m.
If the City Council wishes to change the current ordinance to reflect any or all of the
above listed items, it would require an amendment to the ordinance. The City Council
can direct staff to prepare an ordinance amendment and have it brought back to the City
Council for review and adoption, or the City Council can defer this matter to the Public
Safety Commission.
The City Council recently reinstated the Public Safety Commission and the City is
currently accepting applications to fill the positions on this Commission. The deadline to
submit an application is October 27, 2010. Once appointed, the Public Safety
City Council
October 19, 2010
Page 3
Commission will review parking issues, including overnight parking, and provide
recommendations to the City Council. The Public Safety Commission is also the
appellate body for the overnight parking permit program.
Staff is recommending three (3) options for review of the overnight parking ordinance:
Option 1 — Discuss the item tonight and direct staff to prepare an ordinance
amendment, which is to be brought back before the City Council for
review and adoption;
Option 2 — Postpone the review of the overnight parking ordinance until the
Public Safety Commission is appointed. Once the Public Safety
Commission is appointed, the Commission can review the
ordinance and provide recommendations to the City Council;
and/or
Option 3 — Direct City Staff as necessary to address this matter.
FISCAL IMPACT
This item does not have an impact on this year's fiscal 2010 — 2011 budget.
RECOMMENDATION
Staff recommends that the City Council selection Option 1, Option 2, or Option 3.
ATTACHMENT
Ordinance No. 10-935
ORDINANCE NO. 10-935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, REVISING THE OVERNIGHT PARKING PERMIT
PROCESS AND FEE PROVISIONS OF PART 3 OF ARTICLE A OF
CHAPTER 3 OF TITLE 3 OF THE TEMPLE CITY MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Part 3 "Parking Restrictions" (sections 3320 through 3329 inclusive) of Article A of
Chapter 3 of Title 3 of the Municipal Code of the City of Temple City is hereby amended to read as set forth
in Attachment "A° to this Ordinance.
SECTION 2: The City Council hereby declares that, should any provision, section, subsection,
paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared
invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions
of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted
the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this
Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be published according to law.
PASSED, APPROVED, AND ADOPTED this 15th day of June 2010.
Is! Fernando L. Vizcarra
MAYOR
ATTEST: APPROVED AS TO FORM:
/s/ Mary R. Flandrick Isl Eric S. Vail
City Clerk City Attorney
I, Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance
No. 10-935 was introduced at the regular meeting of the City Council of the City of Temple City held on the 1`1
day of June 2010, and was duly passed, approved and adopted by said Council at the regular meeting held
on June 151h, 2010 by the following vote:
AYES: Councilmember-Blum, Stemquist, Yu, Chavez, Vizcarra
NOES: Councilmember-None
ABSENT: Councilmember-None
ABSTAIN: Councilmember-None
Isl Mary R. Flandrick
City Clerk
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ATTACHMENT "A"
TITLE 3
CHAPTER 3
ARTICLE A. VEHICULAR TRAFFIC REGULATIONS
PART 3. PARKING RESTRICTIONS
3320. PROHIBITED PARKING PERIOD
No person shall stop, stand or park a vehicle, all forms of cycles and motorized scoters,
and bicycles including similar devises moved exclusively by human power, on any street or in any City or
Community Redevelopment Agency owned parking lot between the hours of 2:00 a.m. and 6:00 a.m. of
any day, except as expressly provided in this part.
3321. EXCEPTIONS
The parking prohibition set forth in Section 3320 shall not apply to:
A. Any street or parking lot for which the City Council has adopted a resolution
permitting overnight parking for specified motor vehicles;
B. Authorized emergency vehicles;
C. Operable motor vehicles that are eligible for and have obtained an overnight
parking permit in accordance with thls part and that are properly displaying such
valid overnight parking permit;
D. Any vehicle properly displaying a valid disabled placard or disabled license plate
permitted to park overnight under state law.
3322 OVERNIGHT PARKING PERMITS
A. Authority to Issue.
The public safety officer or his/her designee, (hereinafter referred to as the "issuing
officer") is authorized to review applications for and to issue overnight parking permits as
provided in this part.
B. Criteria.
Overnight parking permits provided for under this part may only be issued for a vehicle with
a gross weight rating of under six thousand (6,000) pounds and not exceeding 20 feet in
length. Recreational vehicles, boats, personal watercraft, trailers, all terrain vehicles, off -
highway motor cycles and inoperable vehicles are not eligible for overnight parking permits
under this part. Even though a motor vehicle may not qualify for an overnight parking permit
under this part, the City may nevertheless issue an overnight parking permit for a motor
vehicle owned by and issued to an employee of a federal, state, or local governmental
agency for their use. The City may issue an overnight parking permit for a commercial
passenger vehicle that is used by the registered owner for their personal business (i.e. an
individually owned taxi cab), provided the motor vehicle meets the weight and length
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requirements of this section and parking of the vehicle will not unreasonably impair parking
for other permit holders.
C. Types of Overnight Parking Permits.
1. Annual Permit. An annual permit used in accordance with this part
entitles the permittee to park an assigned vehicle on a specified street
overnight for the duration of the permit. The duration of annual permits is
one full calendar year or a remaining portion of a calendar year. Annual
permits expire at 11:59 p.m. of the 31st day of December of the year for
which such permits were issued, unless sooner revoked as provided in
this part.
2. Monthly Permit. A monthly parking permit used in accordance with this
part entitles the permittee to park an assigned vehicle on a specified
street overnight for thirty (30) days followiny the date of permit issuance.
The permit expires at 11:59 p.m. on the 30° day, unless sooner revoked
as provided in this part.
3. Temporary Permit. A temporary parking permit may be purchased through
a self-service parking permit vending machine located at City Hall or issued
by the issuing officer for the fee established by resolution adopted by the
City Council. Temporary permits expire at the date and time specified on
the permit.
D. Reservation of safety and enforcement authority.
Issuance of a permit under this part only provides the holder with the privilege of parking
on the assigned street overnight and does not except the holder for the motor vehicle
from the City's enforcement of all other parking, traffic, and safety laws and requirements
of the State of California and the City of Temple City. The City hereby reserves for itself
the right to make, impose and enforce upon holders of valid overnight parking permits any
new traffic, parking, and safety requirements as the City Council may from time to time
adopt, or those that the City is required to impose and enforce under California law.
3323 ISSUANCE OF OVERNIGHT PARKING PERMITS
A. Application.
The registered owner of an eligible motor vehicle desiring an overnight parking permit
(annual or monthly), or for the transfer of such permit, shall file a completed application,
on the form furnished by the City, with the public safety officer or his/her designee. Each
application shall set forth the following:
1. For the owner/applicant:
a. Owner's full name.
b. Copy of Owner's valid California Driver's License.
c. Owner's Temple City residence address.
d. Owner's telephone number.
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2. For the vehicle being permitted and for each other vehicle registered to
the owner at the property:
a. The license plate number.
b. The vehicle identification number (VIN).
c. The year, make, model, coior and type of vehicle.
d. The gross vehicle weight rating.
e. Current California vehicle registration demonstrating that the
vehicle is registered at the owner's residence.
f. Proof of California insurance.
3. A statement that off-street parking at the owner's residence is not
available or obtainable.
4. A statement that no off-street parking at the owner's residence is used for
any purpose other than parking of operable vehicles.
5. If a transfer is requested, the reason for the transfer and the required
information for the vehicle to which the permit is to be transferred or the
residence to which the vehicle will be parked near.
6. Whether the application is for an annual or monthly permit.
7. Such additional reasonable information as the public safety officer or
his/her designee may require.
8. The owner shall sign the application under penalty of perjury declaring
that all facts and statements in the application are true.
B. Review by Issuing Officer.
1. Review and Issuance. Upon the filing of a complete application for an
overnight parking permit or the transfer of such permit, the issuing officer
shall review the application and, within ten (10) business days of the
filing, determine whether to issue the permit or deny the application. The
issuing officer shall issue the requested overnight parking permit unless
any one or more of the following facts is determined:
a. The issuing officer determines that the application is not
complete or the information is incorrect or invalid.
b. The applicant is not the registered owner.
c. The vehicle does not have a valid California registration or proof
of insurance. The issuing officer may issue not to exceed six (6)
months parking permits to a vehicle with valid out-of-state vehicle
registration and proof of insurance.
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d. The vehicle is not eligible for an overnight parking permit, as
provided under this part.
e. Issuance of the permit would cause the number of overnight
parking permits assigned to the residence to exceed the
maximum allowable under this part.
f. An inspection of the on -site parking at the residence and on -
street parking within the area concludes that on -site parking is or
should be available at the residence; or the owner refused
permission to grant access to the property for the purpose of the
inspection.
9.
The owner fails to pay the required overnight parking fee.
h. The vehicle has outstanding unpaid parking tickets.
2. Inspection. The issuing officer may require an inspection of the on -site
parking at the residence and off-street parking within the area to
determine whether the circumstances warrant issuance of an overnight
parking permit. The inspection may include, but is not limited to, any
parking stalls, garages, carports, driveways and other areas designated
for vehicle parking.
3. Conditional Permit. Where the issuing officer requires an inspection of
the on -site parking at a residence, or the issuing officer determines that
verification of information contained in the application is needed, and the
inspection or verification will require more than ten (10) business days to
complete, then provided the application is complete and the owner pays
the required fee, the issuing officer shall issue a conditional permit not to
exceed thirty (30) days in duration.
4. Maximum number of permits. The maximum number of overnight
parking permits issued retaking to any residence shall be set by resolution
adopted by the City Council.
5. Availability of on -site parking. The City will deem on -site parking to be
available under the following circumstances:
a. There is at least one open and available parking space located
on the property, whether in a garage, carport, parking stall or
other permitted on -site parking.
b. An otherwise open and available parking space is occupied by an
inoperable vehicle, a vehicle without current valid registration, a
recreational vehicle, a trailer, an all terrain vehicle, an off -highway
motorcycle, boat or personal watercraft, or a commercial vehicle.
An otherwise open and available parking space is used for a
purpose other than parking, for example the storage 'of furniture,
goods, personal property or other materials.
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d. An otherwise open and available parking space has been
unlawfully converted to a residential dwelling or other non -
permitted use.
3324 OVERNIGHT PARKING PERMIT FEES
A. Fee Established. There is hereby established a fee for issuance of an overnight
parking permit by the City for an annual, monthly, temporary and conditional
overnight parking permit, a fee for the transfer of such a permit, and a fee for the
replacement of such a permit. The Council shall set, from time to time, the
amount of the fees for annual, monthly, temporary, and conditional permits and
for the transfer and replacement of such permits by resolution.
B. Components of the Fee. The overnight parking fees established by this part shall
include: (i) the City's administrative cost to administer the overnight parking
permit program, including but not limited to, review and process applications,
verify information in applications, inspect on -site parking at the residence and off -
site parking available in the area, review and process denials, appeals, and
revocations, and fuel and maintenance costs for inspection and enforcement
vehicles; (ii) the City's administrative cost to enforce the overnight parking
program; and (iii) the City's cost to repair and maintain streets burdened by
overnight parking, including but not limited to, repair and maintenance of
sidewalks, curbs, gutters, and pavement replacement and resurfacing. The City
will, from time to time, commission a fee study to assess the costs and ensure
the fee reflects the actual cost of the service provided.
C. Payment of Fee. The applying owner shall pay the fee applicable to the permit
applied for at the time the application is filed with the City. Applications will not be
processed without payment of the appropriate fee.
D. Proration of Fee. The issuing officer is hereby authorized to prorate the fee for
annual overnight parking permits for each quarter of the calendar year (January
16' through December 31st) that shall have elapsed at the issuance of the permit,
based on a schedule adopted by resolution of the City Council.
E. Refund of Fee. The issuing officer is hereby authorized to refund a portion of the
fee paid by an applicant in the event the issuing officer denies the permit, Only
that portion of the fee attributable to enforcement and repair and maintenance
shall be refunded. No portion of the fee shall be refunded in the event that the
permit is lost, stolen, transferred, or revoked.
3325 DUTIES OF PERMIT HOLDER
A. Display of Permits. The permit holder shall at all times display the overnight parking
permit, as required under this section:
1. Annual permits. All annual overnight parking permits shall be visibly placed
on the outside of the rear (back) window in the lower left hand corner
(driver's side), and the permit shall not be effective unless so placed.
2. Monthly permits / Conditional permits. All monthly and/or conditional
overnight parking permits shall be visibly placed face -up on the driver's side
dashboard area of the vehicle, and the permit shall not be effective unless
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so placed.
3. Temporary permits. All temporary overnight parking permits shall be visibly
placed face -up on the driver's side dashboard area of the vehicle, and the
permit shall not be effective unless so placed. Temporary overnight
parking permits are not effective unless the vehicle license number or
vehicle identification number (VIN) is clearly displayed, in ink, on the permit.
B. Compliance with Laws. The permit holder shall at all times comply with all State
and City of Temple City traffic, parking, and safety laws. Conviction or pleading
guilty to a parking ticket or citation for a moving violation is grounds for revocation of
the overnight parking permit.
C. Change of Address. The permit holder shall inform the City of any change in
his/her residence address. The overnight parking permit will not be valid for a
new address, unless the owner applies for a transfer of the permit and the issuing
officer approves the transfer, as provided in this part.
3326 REPLACEMENT OF PERMITS
If a permit holder loses, surrenders, or destroys an unexpired overnight parking permit,
he/she may file an application, on a form furnished by the City, requesting a replacement permit. The
issuing officer shall review the application and issue or deny a replacement permit as provided in Section
3323 of this part.
3327 , TRANSFER OF PERMITS
Holders of annual or monthly overnight parking permits may apply to the City for transfer
of that permit to another vehicle or, in the event the permit holder is moving to a residence within the City,
to have the permit reassigned to a new parking area. The permit holder shall file an application, on a form
furnished by the City. The issuing officer shall review the application and issue or deny a permit transfer
as provided in Section 3323 of this part. Transfer shall not extend the expiration date of the permit. Upon
transfer of the permit, the previous permit shall be of no further force and effect and the applicant shall be
required to surrender the original permit or submit satisfactory evidence that the former permit has been
destroyed or will no longer be used.
3328 REVOCATION OF PERMITS
A. Permits subject to revocation. Overnight parking permits issued under this
section are subject to revocation where the permit holder violates any of the
duties of the permit holder established under Section 3325, a material
misstatement of fact is discovered in the permit holder's application, the permit
holder sells, transfers or attempts to sell or transfer the permit to another person
or vehicle without complying with this part, or the permit holder otherwise
improperly uses the permit or violates the requirements of this part.
B. Revocation procedure. The issuing officer is hereby authorized to revoke
overnight parking permits on the grounds stated above in this section. Before
revoking a permit, the issuing officer shall provide written notice to the permit
holder, at the address on file for the permit holder, at least ten (10) days prior to
the holding of an administrative hearing before the issuing officer. The notice
shall state the reason for the revocation and state that the permit holder shall be
afforded an opportunity to appear at the hearing and present evidence as to why
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the permit should not be revoked. The issuing officer shall make a decision
within three (3) business days of the hearing and provide the permit holder with
written notice of same. If the permit is revoked, such revocation shall become
effective three (3) business days after the issuing officer mails the written
determination to the permit holder.
C. Appeal. A permit holder may appeal a decision of the issuing officer to the City's
Public Safety Commission. An appeal before this body shall conform to such
general appeal provisions as apply to this part.
3329 Reserved.
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