HomeMy Public PortalAboutTitle 02TITLE 2
ADMINISTRATION &
PERSONNEL
TABLE OF CONTENTS
TITLE 2: ADMINISTRATION & PERSONNEL .................................... 5
CHAPTER 2.04 COUNCIL MEETINGS AND APPEALS ...................................................... $
2.04.010 Time of Regular Meetings ............................................................................................ 5
2.04.020
2.04.030
2.O4.040
2.04.050
2.04.060
2.04.100
2.04.110
2.04.120
2.04.130
2.04.140
Place of Regular Meetings ............................................................................................ 5
Improper Conduct at Meetings ................................................................................... 5
Adoption of Proceedings ............................................................................................... 5
Reimbursement ............................................................................................................. 5
Commission Appointments .......................................................................................... 5
Appeals to Council ........................................................................................................ 5
Notice of Appeal: Time limit -- Contents ................................................................... 6
Appeals ........................................................................................................................... 6
Appeal Hearings ............................................................................................................ 6
Compensation ................................................................................................................ 7
CHAPTER 2.06 BOARDS & COMMISSIONS: GENERAL
PROVISIONS ............... ,. ~., ......... : ........ m ......... ; ......... '. .... ,.~ ...... 8
2.06.010 Commissions Established......~~.~.]~...~~..'~... ........ 8
2.06.020 Number of Members ................................ tl~ ........................................................... 8
2.06.030 Qualifications ................................................................................................................ 8
2.06.040
2.06.050
2.06.060
2.06.070
2.06.080
2.06.090
2.06.100
2.06.110
Applications ................................................................................................................... 8
Appointment .................................................................................................................. 8
Term ............................................................................................................................... 8
Vacancies ....................................................................................................................... 8
Meetings/Quorum ......................................................................................................... 8
Absence From Meetings ............................................................................................... 8
Compensation ................................................................................................................ 9
Rules and Procedures ................................................................................................... 9
CHAPTER 2.08 TOWN MANAGER ................................................... 10
2.08.010 Office Created -- Term ............................................................................................... 10
2.08.020
2.08.030
2.08.040
2.08.050
2.08.060
2.08.070
2.08.080
Eligibility ...................................................................................................................... 10
Compensation .............................................................................................................. 10
Expense Reimbursement ............................................................................................ 10
Designation of Acting Town Manager ...................................................................... 10
Powers and Duties ....................................................................................................... 10
Relations with Council ................................................................................................ 11
Removal ....................................................................................................................... 11
Title 2-1
2.08.090 Agreements with Council ........................................................................................... 11
CHAPTER 2.10 TOWN CLERK ........................................................ 12
2.10.010 Authority for Office .................................................................................................... 12
2.10.020 Compensation .............................................................................................................. 12
2.10.030 Duties ............................................................................................................................ 12
2.10.031 Appointment ................................................................................................................ 13
CHAPTER 2.15 TOWN TREASURER ................................................ 14
2.15.010 Authority for Office .................................................................................................... 14
2.15.020 Compensation .............................................................................................................. 14
2.15.030 Duties ............................................................................................................................ 14
2.15.040 Appointment ................................................................................................................ 14
CHAPTER 2.16 TOWN ATTORNEY .................................................. 15
2.16.010 Office Created ............................................................................................................. 15
2.16.020 Compensation .............................................................................................................. 15
2.16.030 Duties ............................................................................................................................ 15
CHAPTER 2.17 FINANCE DIRECTOR .............................................. 16
2.17.010 Creation and Duties .................................................................................................... 16
2.17.020 Organization and Direction ....................................................................................... 16
2.17.030 Acting Director of Finance ......................................................................................... 16
2.17.040 Additional Duties and Offices .................................................................................... 16
CHAPTER 2.18 DEPARTMENT OF COMMUNITY
DEVELOPMENT .................................................................. 17
2.18.010 Creation and Duties .................................................................................................... 17
2.18.020
2.18.030
2.18.040
2.18.050
2.18.060
2.18.070
2.18.080
Organization and Direction ....................................................................................... 17
Acting Director of Community Development ........................................................... 17
Creation of Building Division .................................................................................... 17
Duties of Building Division ........................................................................................ 18
Creation of Administrative Entity ............................................................................. 18
Creation of Code Enforcement Division ................................................................... 18
Duties of Code Enforcement Division ....................................................................... 19
CHAPTER 2.19 POLICE DEPARTMENT ........................................... 20
2.19.010 Creation and Duties .................................................................................................... 20
2.19.020 Organization and Direction ....................................................................................... 20
2.19.030 Order of Succession to Command ............................................................................. 20
Title 2-2
2.19.040 Reserve Division .......................................................................................................... 20
CHAPTER 2.20 PUBLIC WORKS DEPARTMENT ............................... 21
2.20.010 Creation and Duties .................................................................................................... 21
2.20.020 Organization and Direction ....................................................................................... 21
2.20.030 Acting Director of Public Works ............................................................................... 21
CHAPTER 2.21 HEALTH DEPARTMENT .......................................... 22
2.21.010 County Health Officer Appointment ........................................................................ 22
2.21.020 Ratification .................................................................................................................. 22
CHAPTER 2.40 PERSONNEL .......................................................... 23
2.40.010 Adoption of Personnel System ................................................................................... 23
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.070
2.40.080
2.40.090
2.40.100
2.40.110
2.40.120
2.40.130
Definitions .................................................................................................................... 23
Administration ............................................................................................................ 23
Competitive Service .................................................................................................... 23
Adoption and Amendment of Rules .......................................................................... 24
Appointments .............................................................................................................. 24
Probationary Period ................................................................................................... 25
Reserved ....................................................................................................................... 25
Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand ..........................25
Rights of Appeal .......................................................................................................... 25
Lay-Off and Re-Employment .................................................................................... 25
Political Activity .......................................................................................................... 25
Contracts for Special Service ..................................................................................... 25
CHAPTER 2.50 DISASTER RELIEF ................................................. 27
2.50.010 General Purposes ........................................................................................................ 27
2.50.020
2.50.030
2.50.040
2.50.050
2.50.060
2.50.070
2.50.080
2.50.090
2.50.100
2.50.110
2.50.120
2.50.180
2.50.190
Definitions .................................................................................................................... 27
Disaster Corps ............................................................................................................. 27
Disaster Corps -- Activation ....................................................................................... 27
Disaster Director ......................................................................................................... 28
Disaster Director -- Powers and Duties ..................................................................... 28
Office of Disaster Preparedness ................................................................................. 29
Powers of Succession ................................................................................................... 29
Orders by Member of Disaster Corps ....................................................................... 29
Line of Succession for Council Members .................................................................. 29
Emergency Operating Centers .................................................................................. 29
Prohibited Acts During Emergencies ........................................................................ 29
Proclamation of Emergency--Determination--Authority ........................................ 29
Proclamation of Emergency--Effective When--Term .............................................. 30
Title 2-3
2.50.200 Proclamation of Emergency--Rules and Regulations--
Powers of Disaster Director .................................................................................. 30
2.50.210 Requisition of Equipment or Personnel .................................................................... 31
2.50.220 Termination of Emergency ........................................................................................ 31
2.50.230 Penalty for Violation ................................................................................................... 31
CHAPTER 2.55 ADMINISTRATIVE MANDAMUS: STATUTE OF
LIMITATIONS ...................................................................... 32
2.55.010 Administrative Decisions -- Judicial Review: Time Limits .................................... 32
2.55.020 Decisions Affected ....................................................................................................... 32
CHAPTER 2.60 HOLIDAYS OBSERVED BY THE TOWN ..................... 33
2.60.010 Holidays Observed by the Town ................................................................................ 33
Title 2-4
TITLE 2: ADMINISTRATION & PERSONNEL
CHAPTER 2.04 COUNCIL MEETINGS AND APPEALS
2.04.010 Time of Regular Meetings.
The regular meetings of the Town Council shall be held on the first and third Thursday of each month at the
hour of 7:00 p.m. However, if the date of any such regular meeting falls on a holiday, the regular meeting shall
be held at the hour of'T:00 p.m. on the next succeeding day which is not a holiday.
J .- (ORD 93-34 12-02-93)
2.04.020 Place of Regular Meetings. , x c
The regular meetings of the Town Council shall be held at a location to be designated by.rc~lution of the
Town Council. c ~ .'
2.04.030 Improper Conduct at Meetings.
Any person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the
proceedings, who refuses to be seated or keep quiet when ordered to do so by the Mayor or other presiding
officer of the Council, is guilty of a misdemeanor.
2.04.040 Adoption of Proceedings.
The Town Council may, by resolution, adopt rules of procedure and regulations pertaining thereto to govem
the conduct of its meetings and any of its other functions and activities.
2.04.050 Reimbursement.
When approved by the Town Council, each member of the Council shall receive reimbursement for actual and
necessary expenses incurred in the performance of official duties for the Town, pursuant to the provisions of
Section 36514.5 of the Government Code.
2.04.060 Commission Appointments.
Unless otherwise specifically provided in this Code or by State law, all Town board and commission
appointment, except for ex officio members where applicable, shall be made by the Town 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, conditional approval, suspension, or revocation of a permit, license or other
approval applied for or held by pursuant to any provision of this Code, or to any administrative
decision made by any official of the Town, if the denial, conditional approval, suspension, or
revocation of such permit, license or approval, or the determination of such administrative decision
involves the exercise of administrative discretion or personal judgment exercise pursuant to any
provision of this Code, may appeal in writing to the Council by filing with the To~vn Clerk a written
notice of such appeal.
(b) No appeal may be taken to any such administrative decision made by an official of the Town pursuant
to any provision of this Code unless such decision has been first taken up with the department head
concerned and with the Town Manager, and each such official has not adjusted the matter to the
Title 2-5
appellant's satisfaction.
No right of appeal to the Council from any administrative decision made by an official of the Town
pursuant to any provision of this Code shall exist when such exercise of administrative discretion or
personal judgment, whether the administrative decision involves the denial, conditional approval
or any other administrative decision. There shall be no such right of appeal with regard to law
enforcement activities involving State law.
2.04.110 Notice of Appeal: Time limit -- Contents.
(a) No notice of appeal shall be acted upon unless filed within ten days after service of written notice of
the determination appealed from, provided that if such notice of determination has not been served
in wTiting the appellant may, within ten days after being apprised of such determination, demand
service of written notice thereof, and shall have ten days following such service in which to file the
notice of appeal.
(b) The notice of appeal shall set forth (1) the specific action appealed from, (2) the specific grounds of
the appeal and (3) the relief or action sought from the Town Council. In the event any notice of appeal
fails to set forth any information required by this section, the Town Clerk shall return the same to the
appellant with a statement of the respect in which it is deficient, and the appellant shall thereafter be
allowed five days in which to perfect and refile the notice of appeal.
(c) Except in those instances where an appeal is filed by the Town Manager or other public official
pursuant to official duties, the written notice of appeal from the determination of an administrative
official or from an administrative body of the Town, as the case may be, shall be accompanied by such
fee as may have been established by resolution of the Town Council.
2.04.120 Appeals.
Upon the timely filing of a notice of appeal in proper form, the Town Clerk shall schedule the matter promptly
upon the Town Council agenda at a subsequent regular meeting and shall cause notice thereof to be given to
the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the
appellant. The Town Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or
body whose decision has been appealed from.
2.04.130 Appeal Hearings.
(a) The Town Council may limit participation at the hearing to those parties directly interested, or may
allow participation by the public. Such public participation, however, shall only occur when the
Council deems the same necessary to further the public interest. If a heanng is ordered open to public
participation, notice thereof shall be given by publishing the notice of the same in a newspaper of
general circulation in the Town not less than five days prior to the date of such heanng, and by such
other means as the Town Council deems necessary.
(b) At the time of consideration of the appeal by the Town Council the appellant shall be limited to a
presentation on the specific grounds of appeal and matters set forth in his notice of appeal and shall
have the burden of establishing cause why the decision 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 decision appealed from and may take any action
which might have been legally taken in the first instance the official or body from whose action the
appeal has been taken. In ruling on the appeal the finding and action of the Council shall be final and
conclusive in the matter.
Title 2-6
2.04.140 Compensation.
Pursuant to Section 365 ! 6(a) of the Government Code each member of the Town Council shall receive the
sum of Three Hundred ($300.00) Dollars per month as compensation, effective July 1, 1993.
(ORD 93-15 06-03-93)
Title 2-7
CHAPTER 2.06 BOARDS &COMMISSIONS: GENERAL PROVISIONS
2.06.010 Commissions Established.
There shall be established within the Town a Planning Commission. The Town Council may establish by
resolution such other boards or corrLmissions as it deems necessary.
2.06.020 Number of Members.
Unless otherwise specifically provided, each board or commission shall consist of five (5) members.
2.06.030 Qualifications.
Unless otherwise specifically provided by law, or by ordinance or resolution of the Town Council, all members
of the boards and commissions of the Town shall, at all times dunng their incumbencies, be bona fide residents
and registered voters of the Town. No member of any board or commission shall be a Town employee, nor
shall any person be a member of more than one board or commission at any one time.
2.06.040 Applications.
The Town Manager shall maintain all applications submitted to the Town for board or commission positions
for a period of two (2) years.
2.06.050 Appointment.
Each Council member shall appoint one board or comrmssion member which shall serve at the pleasure of the
Council Member. (ORD 95-01 01-05-95)
2.06.060 Term.
Each board or commission member shall serve a term of four (4) years, or for an expired term if appointed to
fill a vacancy. Terms shall expire 90 days after the term of office of the appointing Council Member expires,
or at any time members leave office. (ORD 95-01 01-05-95)
2.06.070 Vacancies.
If vacancies in any board or comrmssion occur, other than by expiration of term, such vacancies shall be filled
by appointment for the unexpired portion of the term. The Town Council member who appointed the vacating
board or cornrmssion member shall appoint a replacement. (ORD 95-01 01-05-95)
2.06.080 Meetings/Quorum.
The Town Council shall establish meeting schedules for each board and comrmssion by resolution. A quorum
of three shall be required for the transaction of any business.
2.06.090 Absence From Meetings.
Should any board or commission member be absent from three consecutive meetings for the board or
commission, that member shall automatically vacate the member's seat on the board or commission. The
vacancy shall be filled in the same manner as any other vacancy.
Title 2-8
2.06.100 Compensation.
Pursuant to Government Code Section 36506 and Council Policy adopted July 1, 1999, Planning Commission
members shall receive the sum of One Hundred ($100.00) Dollars per month as compensation, effective
July 1, 1999. (ORD 99-09 10-07-99)
2.06.110 Rules and Procedures.
Each board and commission shall adopt its own rules of procedure and regulations pertaining thereto to govern
the conduct of its meetings, which rules shall be subject to approval and ratification by the Town Council.
(ORD 93-15 06-03-93)
Title 2-9
CHAPTER 2.08 TOWN MANAGER
2.08.010 Office Created -- Term.
The office of the Town Manager is created and established. The Town Manager shall be appointed by the
Toxvn Council wholly on the basis of administrative and executive ability and qualifications. The Town
Manager shall hold office for and dur/ng the pleasure of the Town Council.
2.08.020 Eligibility.
No member of the Town Council shall be eligible for appointment as Town Manager until one year has elapsed
after such Councilmember has ceased to be a member of the Town Council.
2.08.030 Compensation.
The Town Manager shall receive such compensation and expense allowances as the Town Council shall from
time to time determine, and such compensation shall be a proper charge against such funds of the Town as the
Council shall designate.
2.08.040 Expense Reimbursement.
The Town Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of
official duties, including those incurred when traveling on business pertaining to the Town.
2.08.050 Designation of Acting Town Manager.
The Assistant Town Manager shall serve as manager pro tempore during any temporary absence or disability
of the Town Manager. In the event there is no Assistant To~vn Manager to so act, the To~vn Manager, by letter
filed with the Town Clerk, shall designate a qualified Town administrative officer to exercise the powers and
perform the duties of Manager dunng any temporary absence or disability. The Town Council may appoint
an Acting Town Manager.
2.08.060 Powers and Duties.
The To~vn Manager shall be the administrative head of the government of the Toxvn under the direction and
control of the Town Council except as otherwise provided in this chapter. The Town Manager shall be
responsible for the efficient administration of all affairs of the Toxvn which are under control of the Town
Manager. In addition to general powers as administrative head, and not as a limitation thereon, the Town
Manager shall be expected to, and shall have thc power to:
(a)
(b)
(c)
Enforce all laws and ordinances of the Town and to see that all franchises, contracts, permits and
privileges granted by the Town Council are faithfully observed;
Appoint, remove, promote and demote any and all officers and employees of the Town except elected
officers and the Town Attorney, subject to all applicable personnel rules and regulations which may
be adopted by the To~vn Council;
Control, order and give directions to all department heads who are subject to appointment and removal
authority, and to subordinate officers and employees of the Town through their department heads;
Title 2-10
(d)
(e)
(0
(g)
(h)
6)
(i)
O)
(k)
Conduct studies and effect such organization and reorganization of offices, positions or units under
the Town Manager as my be indicated in the interest of efficient, effective and economical conduct
of the Town's business;
Recommend to the Town Council for adoption such measures and ordinances as deemed necessary;
Attend all meetings of the Town Council unless excused therefrom by the Mayor individually or the
Town Council as a whole, except when removal of the Town Manager is under consideration;
Prepare and submit the proposed annual budget and the proposed annual salary plan to the Town
CounciI for its approval;
Keep the Town Council at all time fully advised as to the financial condition and needs of the Town;
Make investigations into the affairs of the To~vn and any department or division thereof and any
contract or other obligation of the Town; and further to investigate alt complaints in relation to matters
concerning the administration of the Town government and in regard to the service maintained by
public utilities in the Town;
Exercise general supervision over all public buildings, and all other public properties which are under
the control and jurisdiction of the To~vn;
Have the same authority as the Mayor, as conveniences to the parties may dictate, to sign documents
specified in Section 40602 of the Government Code of the State whenever such documents have been
approved by the Council for execution by resolution, motion minute order or other appropriate action;
and
Perform such other responsibilities and exercise such other powers as may be delegated from time to
time by ordinance or resolution or other official action of the Town Council.
2.08.070 Relations with Council.
The Town Council and its members shall deal with the administrative services of the Town only through the
Town Manager, except for the purpose of inquiry, and neither the Town Council nor any member thereof shall
give orders to any subordinates of the Town 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 provide all information reasonably requested by any Councilmember. The Town
Manager shall take orders and instructions from the Town Council only when sitting in a duly convened
meeting of the Town Council and no individual Councilmember shall give any orders or instructions to the
Town Manager. The Town Council shall instruct the Town Manager in matters of policy. Any action,
determination or omission of the Town Manager shall be subject to review by the To~vn Council. The Town
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 Town Council.
2.08.080 Removal.
The removal of the Town Manager shall be effected only by a majority vote of the whole Council as then
constituted, convened in a regular Council meeting.
2.08.090 Agreements with Council.
Nothing in this chapter shall be construed as a limitation on the power or authority of the Town Council to
enter into any supplemental agreement with the Town Manager delineating additional terms and conditions
of employment not inconsistent with any provisions of this chapter. (ORD 93-15 06-03-93)
Title 2-11
CHAPTER 2.10 TOWN CLERK
2.10.010 Authority for Office.
The office of the Town Clerk is established pursuant to Section 36501 of the Government Code of the State.
2.10.020 Compensation.
The Town Clerk shall receive such compensation and expense allowance as the Town Council shall from time
determine, and such compensation shall be a proper charge against such funds of the Town as the Town
Council shall designate.
2.10.030 Duties.
The Town Clerk shall have all of the powers, duties, and responsibilities granted to an imposed upon the office
of the Town Clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code
of the State (commencing with Section 40800), other general laws of the State, the provisions of this Code,
and the ordinances and resolutions of the Town Council.
The principal duties of the Town Clerk shall be to:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(J)
(k)
(i)
(m)
Attend ail meetings of the To~vn Council and be responsible for the recording and maintenance of a
record of all the actions of the Council;
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 Town Clerk shall attach to the onginat
copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to
an ordinance requiting publication, that the ordinance has been published or posted in accordance with
law;
Keep all records of the Council and of the office of the Town Clerk in such a 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;
Serve as the official of all To~vn records;
Be the custodian of the seal of the Town;
Prepare the Council agendas, in conjunction with and under the direction of the Town Manager;
Perform the duties prescribed by the Elections Code of the State in conducting municipal elections;
Perform the duties imposed upon town clerks by the California Political Reform Act;
Be responsible for the publication of all official advertising for the Town;
Be responsible for the maintenance and distnbution of the Municipal Code;
Process all claims filed against the Town and its officers, agents, or employees, pursuant to Chapters
1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State (commencing with
Section 900) and Chapter 3.16 of Title 3 of this Code;
Perform the financial and accounting duties imposed upon the Town Clerk by Section 40802 through
40805 of the California Government Code; and
Perform such other duties consistent with this Code as may be required of the Town Clerk by the
Town Council.
Title 2-12
2.10.031 Appointment.
The Town Clerk shall be appointed by the Town Manager.
(ORD 93-15 06-03-93)
Title 2-13
CHAPTER 2.15 TOWN TREASURER
2.15.010 Authority for Office.
The office of thc Town Treasurer is established pursuant to Section 36501 of thc Government Code of thc
State.
2.15.020 Compensation.
The Town Treasurer shall receive such compensation and expense allowance as the Town Council shall from
time to time determine, and such compensation shall be a proper charge against such funds of the Town as the
Town Council shall designate.
2.15.030 Duties.
The Town 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, investment and
safekeeping of public funds of the Town.
2.15.040 Appointment.
The Town Treasurer shall be appointed by the Town Manager.
(ORD 93-15 06-03-93)
Title 2-14
CHAPTER 2.16 TOWN ATTORNEY
2.16.010 Office Created.
The office of the Town Attorney is hereby established. It shall consist of the Town Attorney and such
assistants as may be authorized by the Council. The Town Attorney shall administer the office and be
responsible for the successful performance of its functions, and 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 Town Attorney therein.
2.16.020 Compensation.
The Town Attorney shall receive such compensation and expense allowance as the Town Council shall from
time to time determine, and such compensation shall be a proper charge against such funds of the Town as the
Town Council shall designate.
2.16.030 Duties.
The duties of the office of the Town Attorney shall be to:
(a) Advise the Council and all Town officers in all matters of law pertaining to their offices;
(b) Furnish all legal service at all meetings of the Council, except when excused or disabled, and give
advice or opinion on the legality of all matters under consideration by the Council or by any of the
boards and commissions or officers of the Town;
(c) Prepare and/or approve all ordinances, resolutions, agreements, contracts and other legal instruments
as shall be required for the proper conduct of the business of the Town and approve the form of all
contracts, agreements and bonds given to the Town; and
(d) 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. (ORD 93-15 06-03-93)
Title 2-15
CHAPTER 2.17 FINANCE DIRECTOR
2.17.010 Creation and Duties.
There is hereby established a Department of Finance. The duties of the Department of Finance shall include
all fiscal operations of the Town and shall include, but not necessarily be limited to, the following:
(a)
(~)
(c)
(d)
(e)
(f)
(g)
To prepare monthly statements indicating the Town's financial condition;
To prepare for the Town Manager a complete financial statement at the end of each fiscal year;
To assist in the preparation of a preliminary proposed budget, including a summary of all anticipated
revenues and expenditures;
To receive or collect all moneys or revenues due the Town;
To maintain custody of all public funds and securities belonging to or under the control of the Town,
depositing and investing such funds in accordance with principles of sound treasury management;
To maintain the accounting systems for the Town government, supervising and controlling
disbursements and expenditures, including the payroll, through a system of budget controls; and
To have such other functions as may by ordinance of the Council or directive of the Town Manager
be assigned or delegated to the Department of Finance.
2.17.020 Organization and Direction.
There shall be a Director of Finance who shall be appointed by, and be responsible to, the To~vn Manager. The
Director of Finance, subject to the approval of the Town Manager, shall organize and maintain such divisions
in the Department of Finance as the operations may require and shall be responsible for the direction and
control of all the functions assigned to the Department of Finance.
2.17.030 Acting Director of Finance.
The Director of Finance shall, subject to the approval of the Town manager, designate an individual who shall
perform the duties and exercise the powers of the Director of Finance in the event of absence or disability.
2.17.040 Additional Duties and Offices.
In addition to all other duties, the Director of Finance shall have the duties and obligations specified in the
general laws of the State assigned to the office of the Town Treasurer, Town Tax Collector, and Town
Assessor. The Director of Finance shall be the Town Treasurer, Town Tax Collector, and Town Assessor and,
as such officers, shall have the authority to execute on behalf of the Town any and all documents and
instruments required to be executed as Town Treasurer, Town Tax Collector, or Town Assessor.
(ORD 93-15 06-03-93)
Title 2-16
CHAPTER 2.18 DEPARTMENT OF COMMUNITY DEVELOPMENT
2.18.010 Creation and Duties.
A Department of Community Development is hereby established. The duties of the Department of Community
Development shall include the following:
(a)
(b)
(c)
(d)
(e)
(g)
(h)
To furnish staff work for the Planning Commission, the Redevelopment Agency, or any agency or
comrmsslon established by the Council appropriate to this department, by processing communications,
prepanng meeting agenda, documents, charts, and maps pertaining to planning matters or by
surveying, analyzing, and recommending on such matters, including the General Plan, and by the
presentation of supporting and descriptive data, reports and cartographic renderings;
To provide the Town Manager w4th staff assistance of a technical nature pertaining to planning matters
and to present information and recommendations to the Council relating to the enforcement of the
zoning regulations and land use matters in general;
To direct the making of surveys, the gathenng of data, and the presentation of reports, maps, charts,
analyses, and graphic presentations pursuant to the preparation, adoption, and revision of a General
Plan, and the precise elements thereof, in accordance with generally accepted principles and with the
requirements of law:
To assist the public with advice and guidance to develop and use property within the requirements of
the applicable State and local laws and the General Plan;
To administer the zoning regulations, CEQA guidelines, and subdivision ordinance;
To cooperate with other departments and agencies gathenng and disseminating information relative
to public and private projects involving the betterment and improvement of the Town;
To assist the Town Manager, Town Attorney, and department heads in the preparation of legislative
matters for the consideration of the Council; and
To assist the Planning Commission in the preparation of a capital improvement plan and to present
such recommended plan to the Council.
2.18.020 Organization and Direction.
There shall be a Director of Community Development who shall be appointed by, and be responsible to, the
Tow~n Manager. The Director of Community Development subject to the approval of the Town Manager,
shall organize and maintain the Community Development Department as the operations may require, and
shall be responsible for the direction and control of all functions assigned to the Community Development
Department. The Community Development Director shall be, ex officio, Zoning Administrator.
2.18.030 Acting Director of Community Development.
The Director of Community Development shall, subject to the approval of the Town Manager, designate a
member of the Community Development Department, or other department or agency, to perform the duties
and exercise the powers of Director of Community Development in the event of absence or disability.
2.18.040 Creation of Building Division.
The Building Division is hereby established as a part of the Department of Community Development which
Building Division shall be operated by the chief building Official designated by the Town Manager and under
the supervision of the Community Development Director. The chief building official shall, for all purposes
Title 2- ! 7
and enforcement procedures, be charged with the duties of the Building Official described in the Uniform
Building Code.
2.18.050 Duties of Building Division.
The duties of the Building Division of the Community Development Department shall include the following:
(a)
(b)
(c)
(d)
(e)
(f)
To administer the Building Code, Plumbing Code, and Electrical Code as such Codes may be adopted
by direct legislation or by reference;
To administer the regulations, laws, and rules of the State relating to structures and/or housing;
To administer the Dangerous and Defective Building Code and all other Codes and laws pertaining
to the control and abatement of all unsafe and dilapidated structures and buildings within the Town;
To establish and adrmnister programs and procedures for the investigation of structural conditions and
for the coordination of other departments and agencies, including the Fire Department, Fire Agencies
and Districts, the Health Department, the Division of Housing of the State, and such other jurisdictions
as may be concerned with dilapidation and its abatement; to prepare reports and recommendations
relative to abatement; to present information and analytical data to the Council in the event of appeals
from the Building Official's orders and directives or the institution of condemnation proceedings;
To establish and maintain a system of records relative to the building inspection and unsafe structure
abatement services; and
To confer and coordinate with other agencies and departments, including the Public Works
Department and the Fire Agencies and Districts to the end that proceedings shall be in conformance
with Town plans for land use and the adequacy of public facilities.
2.18.060 Creation of Administrative Entity.
The Community Development Department is hereby designated as the administrative entity, and the
Community Development Director is hereby appointed to be the CEQA and project coordinator to provide for
the coordination of reviews and decision making and the provision of information regarding the status of all
applications and permits for development in the Town.
The procedure for processing development projects and the administrative authority and CEQA guidelines for
the administrative entity and project coordinator shall be established by resolution of the Council.
Fees to defray the costs directly attributable to the coordination of an application of a developer by the
administrative entity shall be adopted by resolution of the Council.
2.18.070 Creation of Code Enforcement Division.
The Code Enforcement Division is hereby established as a part of the Department of Community
Development, which Code Enforcement Division shall be operated by the chief code enforcement officer
designated by the Town Manager and under the supervision of the Code Enforcement Director.
Title 2-18
2.18.080 Duties of Code Enforcement Division.
The duties of the Code Enforcement Division of the Community Development Department shall include the
following:
(a) To enforce the Zoning and land use provision of this Code; and
(b) To enforce such other provisions of this Code, State law and regulation, and other provisions of law
as may be directed by resolution of the Town Council. (ORD 93-15 6-3-93)
Title 2-19
CHAPTER 2.19 POLICE DEPARTMENT
2.19.010 Creation and Duties.
A Police Department is hereby created.
following:
The principal duties of the Police Department shall include the
(a)
(b)
(c)
(d)
To prevent crime and maintain law and order in the Town by enforcing the laws of the United States,
the State, and the Town and by cooperating with other agencies when enforcement is, by Ia~v, vested
in another office or officer;
To maintain in efficient operable condition those crime prevention and law enforcement systems and
facilities assigned to the Police Department;
To recruit and train such volunteer and reserve personnel as may reasonably be required to augment
regular Police Department manpower; and
To perform such other duties as the Town Manager may direct.
2.19.020 Organization and Direction.
There shall be a Chief of Police who shall be appointed by, and be responsible to, the Town Manager. The
Chief of Police, subject to the approval of the Town Manager, shall organize and maintain such division or
offices in the Police Department as the operations may require and shall be responsible for the direction and
control of all functions assigned to the Police Department.
2.19.030 Order of Succession to Command.
The Rules and Regulations of the Police Department shall provide for a system of logical and orderly
succession to command and order of precedence of all officers of the Police Department.
2.19.040 Reserve Division.
A Reserve Division of the Police Department is hereby created, the manual strength of which shall be
determined by the Town Manager and Police Chief from time to time, subject to budgetary limitations. The
Police Chief, subject to the approval of the Town Manager, shall establish the duties, responsibilities, and
authority of the Reserve Division. (ORD 93-15 06-03-93)
Title 2-20
CHAPTER 2.20 PUBLIC WORKS DEPARTMENT
2.20.010 Creation and Duties.
A Public Works Department is hereby established. The duties of the Public Works Department shall include
the following:
(a)
(b)
(c)
(d)
(e)
To construct, inspect, operate, and maintain the Town's public works' facilities, storm drains, streets,
electrical installations, Town owned buildings, and such other Town installations as are not assigned
to another department or which may be assigned by the Town Manager;
To enforce, through the appropriate officers and divisions, the laws and regulations relating to work
done in public streets and ways;
To maintain in efficient operable condition automotive and other equipment of the Town not other,vise
assigned to another department for maintenance and to keep possession and inventory control records
of the central stores assigned to all Public Works Department;
To perform or direct all phases of engineering work required in connection with the functions of the
Town not otherwise assigned to another department and to prepare and maintain engineering records
of the Town;
To prepare or cause to have prepared contracts for public works within the Town, process bids
procedures and to inspect and monitor the work performed by contract; and
To perform such other duties as may be required by the Town Manager.
2.20.020 Organization and Direction.
There shall be a Director of Public Works, who shall be appointed by, and be responsible to, the Town
Manager. The Director of Public Works, subject to the approval of the To~vn Manager, shall organize and
maintain such divisions in the Public Works Department as operations may require and shall be responsible
for the direction and control of all functions assigned to the Public Works Department.
2.20.030 Acting Director of Public Works.
In the event of the absence or disability of the Director of Public Works and the Assistant Director of Public
Works, such other officer of the Town who shall be designated by the Town Manager shall perform the duties
and exercise the powers of the Director of Public Works. (ORD 93-15 06-03-93)
Title 2-21
CHAPTER 2.21 HEALTH DEPARTMENT
2.21.010 County Health Officer Appointment.
Pursuant to pertinent sections of the Health and Safety Code of the State, the Town appoints and consents that
the County Health Officer of the County of Nevada shall be and act as the Town Health Officer and shall
enforce and observe in the Town such orders, quarantine regulations, and rules prescribed by the State
department and other rules and regulations issued under the provisions of the Health and Safety Code of the
State and statutes relating to public health.
2.21.020 Ratification.
All relevant codes, ordinances and regulations are hereby adopted and ratified in order for the County Health
Officer to exercise the same powers and duties within the Town as are conferred upon health officers by law
throughout the County. (ORD 93-15 06-03-93)
Title 2-22
CHAPTER 2.40 PERSONNEL
2.40.010 Adoption of Personnel System.
In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with
applicable laws relating to the administration of the personnel process, the following personnel system is
hereby adopted.
2.40.020 Definitions.
The terms used to administer the personnel system shall be defined in the personnel rules.
2.40.030 Administration.
The Town Manager shall administer the To~vn personnel system and may delegate any of the powers and
duties to a Personnel Director or may delegate the appointment authority granted by the Town Council to any
other officer or employee of the Town or may recommend that such powers and duties be performed under
contract. The Town Manager shall:
(a)
(b)
(c)
(d)
(e)
Act as the appointing authority for the Town.
Administer all provisions of this chapter and of the personnel rules not specifically reserved to the
Town Council.
Prepare and recommend to the Town Council personnel rules and revisions and amendments to such
rules.
Prepare or cause to be prepared a position classification plan, including class specifications, and
revisions of the plan.
Have the authority to discipline employees in accordance with this chapter and the personnel rules of
the Town.
Provide for the publishing or posting of notices of tests for positions in the competitive service; the
receiving of applications therefor; the conducting and grading of tests; the certification of a list of all
persons eligible for appointment to the appropriate position in the competitive service; and perfornnng
any other duty that may be required to administer the personnel system.
2.40.040 Competitive Service.
The provisions of this chapter shall apply to all offices, positions and employees in the service of the Town,
except:
(a)
(b)
(c)
(d)
(b)
(f)
(g)
(c)
(J)
Elective officers.
The Town Manager and any assistants to the Town Manager.
The Town Attorney and any assistant or deputy Town attorneys.
Members of appointive boards, commissions, and committees.
Ail department heads.
Persons engaged under contract to supply expert, professional, technical or any other services.
Volunteer personnel, such as volunteer firemen.
All Council appointed Town officers.
Emergency employees who are hired to meet the immediate requirements of an emergency condition,
such as extraordinary fire, flood, or earthquake which threatens life or property.
Employees, other than those listed elsewhere in this section, who are not regularly employed in
Title 2-23
(k)
(1)
permanent positions. "Regularly employed in permanent positions" means an employee hired for an
indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand
and forty (1040) hours per year, and has successfully completed the probationary period and been
retained as provided in this chapter and the personnel rules.
Any position pr/manly funded under a state or federal employment program.
Employees not included in the competitive service under this section shall serv'e at the pleasure of their
appointing authority.
2.40.050 Adoption and Amendment of Rules.
Personnel rules shall be adopted by resolution of the Town Council. The rules may establish regulations
governing the personnel system, including:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
Preparation, installation, revision, and maintenance of a position classification plan covering all
positions in the competitive service, including employment standards and qualifications for each class.
Appropriate announcement of the selection process and acceptance of applications for employment.
Preparation and conduct of tests and the establishment and use of resulting employment lists
containing names of persons eligible for appointment.
Certification and appointment of persons from employment lists, and the making of provisional
appointments.
Establishment of probationary testing periods.
Evaluation of employees during the probationary testing period and thereafter.
Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the
competitive services.
Separation of employees from the To~vn service.
The establishment and maintenance of adequate personnel records for purposes of accounting and
legal requirements.
The establishment of any necessary appeal process.
2.40.060 Appointments.
Appointments to vacant positions in the competitive service shall be made in accordance with the personnel
rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable
by competitive examination. Examinations may be used and conducted to aid the selection of qualified
employees and shall consist of selection techniques which will test fairly the qualifications of candidates such
as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests,
evaluation of daily work performance, work samples or any combinations of these or other tests. The
probationary period shall be considered an extension of the examination process. Physical, medical and
psychological tests may be given as a part of any examination.
In any examination the Town Manager or designee may include, in addition to competitive tests, a qualifying
test or tests, and set minimum standards therefor.
The appointing authority of employees in the competitive service is the Town Manager. The Town Manager
may delegate the appointing authority to any other officer or employee of the Town.
Title 2-24
2.40.070 Probationary Period.
All regular appointments, including promotional appointments, shall be for a probationary period of not less
than one year. The appointing authority may extend such probationary period up to six additional months. The
probationary period shall commence from the date of appointment. In the event of illness or injury requiring
absence from work the number of days absent shall be added to the length of the probationary period. During
the probationary period, the employee may be rejected at any time without the right or appeal, hearing of any
grievance procedure.
If the service of the probationary employee has been satisfactory to the appointing authority, then the
appointing authority shall file with the Personnel Officer a statement in writing to such effect and stating that
the retention of such employee in the service is desired. If such a statement is not filed, the employee will be
deemed to be unsatisfactory and employment terminated at the expiration of the probationary period. Where
a statement of satisfactory service has not been filed, notice of the termination shall be served on the terminated
employee by the Personnel Officer after the expiration of the selection period.
An employee rejected during the probationary period from a position to which such employee has been
promoted shall be reinstated to a position in a class from which such employee was promoted unless such
employee is discharged from the Town service as provided in the personnel roles. If no vacancy exists in such
position, such employee shall be placed on re-employment list as provided in the personnel rules.
2.40.080 Reserved.
2.40.090 Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand.
The Town Manager or any appointing power shall have the authority to demote, discharge, reprimand, reduce
in pay, or suspend, any regular employee for cause in accordance with procedures included in the personnel
rules.
2.40.100 Rights of Appeal.
Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay,
suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal
is specifically prohibited by this chapter or the rules adopted thereunder.
All appeals shall be processed in accordance with the requirements and procedures as set forth in the personnel
rules adopted pursuant to this chapter.
2.40.110 Lay-Off and Re-Employment.
Lay-off and re-employment actions shall follow the process outlined in the personnel rules.
2.40.120 Political Activity.
The political activities of Town employees shall conform to pertinent provisions of State law and any local
provision adopted pursuant to State law.
2.40.130 Contracts for Special Service.
The Town Manager shall consider and make recommendations for the Town Council regarding the extent to
which the Town should contract for the performance of technical services in connection with the establishment
Title 2-25
or operation of the personnel system. The Town Council may contract with any qualified person or public or
private agency for the performance of all or any of the following responsibilities and duties imposed by this
chapter:
(a)
(b)
(c)
(d)
(e)
The preparation of personnel rules and subsequent revisions and amendments thereof.
The preparation of a position classification plan, and subsequent revisions and amendments thereof.
The preparation, conduct and grading of competitive tests.
The conduct of employee training programs.
Special and technical services of advisory or informational character on matters relating to personnel
administration. (ORD 93-15 06-03-93)
Title 2-26
CHAPTER 2.50 DISASTER RELIEF
2.50.010 General Purposes.
The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of
persons and property within the Town in the event of the emergency or disaster conditions hereafter referred
to; the direction of the disaster organization; and the coordination of the disaster functions of the Town with
the County and with all other public agencies, corporations, organizations, and affected private persons.
2.50.020 Definitions.
As used in this chapter:
(a)
(b)
(c)
(d)
"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;
"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, earthquake or other conditions, other than conditions resulting from a
labor controversy or conditions causing a "state of war emergency," which conditions, by reason of
the magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and
facilities of any single town, city, county or city and county and require combined forces of a mutual
aid region or regions or combat;
"Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of
persons and property within the territorial limits of a town, city, county or city and county, caused by
such conditions as air pollution, fire, flood, storm, epidermc, riot, 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 sep/ices, personnel, equipment, and facilities of that political subdivision and require
the combined forces of other political subdivisions to combat;
Other terms used herein shall have meanings as used in the California Emergency Services Act.
2.50.030 Disaster Corps.
The Town disaster corps consists of all officers and employees of the Town and its agencies, together with all
volunteers and all groups, organizations and persons commandeered under the provisions of the California
emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered,
commandeered or in any way under the control of the aforementioned personnel 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 Town. The officers of the Town 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 Town, and to conduct the activities thereof.
2.50.040 Disaster Corps -- Activation.
The disaster corps shall be activated and shall function as a disaster relief body, only:
(a)
(b)
Upon the existence of a "state of war emergency";
Upon the declaration by the Governor of the state, or of persons authorized to act in his stead, of a
Title 2-27
"state of emergency" affecting and including the Town;
(c)
(d)
Upon the declaration ora "local emergency" by the Board of Supervisors of Nevada County, or by
persons authorized to act in its stead, affecting and including the Town; or
Upon the declaration of a "local emergency" by the Town Council of the Town, or by persons herein
authorized to act in its stead.
2.50.050 Disaster Director.
The Town Manager shall be the disaster director. In the Town Manager's absence or inability to act the Town
Manager 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 Town.
2.50.060 Disaster Director -- Powers and Duties.
The disaster director shall have the following powers and duties:
(a)
(b)
(c)
To make key appointments, and to make all other appointments or delegate the making of the same,
within the disaster corps;
To request the Town Council to proclaim the existence of a "local emergency" if the Council is in
session, or to issue such proclamation if the Council is not in session. Whenever a "local emergency"
is proclaimed by the director, the Town Council shall take action to ratify the proclamation within
seven days thereafter or the proclamation shall have no further force or effect. The Town Council shall
review the necessity for continuing the "local emergency" no less frequently than every fourteen days
until the emergency is terminated;
Dunng the existence of a "state of war emergency", or the proclaimed existence of a "state of
emergency" or a "local emergency" affecting the Town, to:
(d)
(1) Control and direct the activities of the Town disaster corps;
(2) Use all Town resources for the preservation of life and property and to reduce the
effects of disaster;
(3) Resolve questions of authority and responsibility that may arise in disaster operations;
(4) Obtain vital supplies, equipment and other resources needed for the preservation of
life and property by either binding the Town for the fair value thereof or by
commandeering the same;
(5) Delegate to elected and appointed officials of the Town such duties and authorities
as may be deemed necessary;
(6) Make and issue rules and regulations on matters reasonably related to the protection
of life and property as affected by an condition proclaimed an emergency as proved
herein;
(7) Require performance of emergency services by an Town officer or employee and to
command the aid of as many citizens of the Town as may be necessary in the
execution of required duties; and
(8) Exercise complete authority over the Town and to exercise all police po~ver vested
in the Town by the Constitution and general laws;
In addition to the powers granted herein, the director shall have such powers incidental to the
performance of duties as shall be necessary to allow the disaster operations plan of the Town
Title 2-28
to be carded out, it being the intent of this chapter that the enumerated powers herein are not
limitations upon necessary powers.
2.50.070 Office of Disaster Preparedness.
There is created the Town Office of Disaster Preparedness, which shall consist of such positions as may be
established by the Town Manager.
2.50.080 Powers of Succession.
Each person who shall succeed to each position or office as provided herein, shall succeed to all the powers
and duties of the office succeeded to immediately upon such succession.
2.50.090 Orders by Member of Disaster Corps.
During the existence of a "state of war emergency" or of a proclaimed "state of emergency" or "local
emergency" affecting the Town, each member of the Town disaster corps shall have authority to require that
all persons shall follow reasonable orders given within the scope of necessary functions in order to execute the
disaster operation plan of the Town, and the willful failure of any person to follow such reasonable order or
orders is a misdemeanor.
2.50.100 Line of Succession for Council Members.
The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency
or other condition of disaster, unless otherwise ordered by the Town Council, shall be Mayor pro tempore
followed by the remaining Town Council members in the order of their seniority, excluding standby successors
who may have been appointed pursuant to Section 8638 of the Government Code of the State.
2.50.110 Emergency Operating Centers.
Unless emergencies render the same impossible or unduly hazardous to safety, two emergency operating
centers shall normally be maintained within the Town; one of these at the Town Hall, and the other at the
police headquarters.
2.50.120 Prohibited Acts During Emergencies.
It shall be a crirmnal act and a misdemeanor for any person during a state of emergency, war emergency, local
emergency or other condition of disaster:
(a)
(b)
(c)
To willfully obstruct, hinder or delay any member of the Town disaster corps in the enforcement 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;
To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such
is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil life or property,
or to prevent, hinder or delay the defense or protection of persons or property; or
To wear, carry or display, without authority, any means of identification specified by the emergency
services of disaster or civil defense agencies of the federal or state governments.
2.50.180 Proclamation of Emergency--Determination--Authority.
Whenever riots, general civil disobedience, multiple law violations or the threat of the same occur in the Town,
the disaster director, or in the event of the disaster director's inability to act, the chief of police, may determine
Title 2-29
that a local emergency exists. At such time the disaster director shall forthwith proclaim in writing the
existence of a state of local emergency. Widespread publicity and notice shall be given to such proclamation.
2.50.190 Proclamation of Emergency--Effective When--Term.
The proclamation of local emergency provided herein shall become effective immediately upon its issuance
and shall be disseminated to the public by appropriate news media. Such a state of local emergency shall exist
from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated
by the disaster.
2.50.200 Proclamation of Emergency--Rules and Regulations--Powers of Disaster Director.
After the issuance of a proclamation of local emergency the disaster director shall have the power to make,
issue and enforce the rules and regulations on matters reasonably related to the protection of life and property
as affected by such emergency; provided, however, such rules and regulations shall be confirmed as soon as
practicable by the Town Council. In addition to those powers and duties set forth in Section 2.20.060, the
disaster director is granted, but shall not be limited to, the following powers:
(d)
CURFEW. The disaster director may order a general curfew applicable to the entire Town 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,
loitenng, standing, riding or motoring upon any alley, street, highway, public property or private
property except as authorized by the property or private property except as authorized by the owner,
lessee or person in charge of such private property. Persons officially delegated to duty ~vith reference
to such civil emergency and representatives of news media, physicians, nurses, ambulance operates
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;
(e)
BUSiNESS CLOSiNG. The disaster director may order the closing of any business establishments
anywhere within the Town, such businesses to include but not be limited to those selling alcoholic
beverages, gasoline or firearms;
(f)
ALCOHOLIC BEVERAGES. The disaster director 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 disaster
director, on .just cause, to precipitate a clear and present danger to the well-being of the community
during the emergency;
(g)
WEAPONS. The disaster director 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;
Title 2-30
(h)
The disaster director may designate any public street, thoroughfare or vehicular parking area closed
to motor vehicles and pedestrian traffic during the course of such an emergency.
The foregoing specific authorizations of authority vested in the disaster director and other such authorizations
as may be deemed necessary dunng such emergencies are declared to be imminently necessary for the
protection of life and property dunng such emergency period.
2.50.210 Requisition of Equipment or Personnel.
Once a proclamation of emergency is issued, the disaster director may request from the Governor all necessary
assistance, requisition necessary personnel or materials from any Town department or other source, control
and direct all Town personnel and equipment, obtain vital supplies and such other properties found lacking
and needed for the protection of life and property, and bind the Town 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 disaster director may also require emergency services of any Town official or employee and may cormmand
the aid of as many citizens of this Town as may be determined to be necessary in the execution of 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.
2.50.220 Termination of Emergency.
Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terrmnate after
forty-eight hours from the issuance thereof or upon the issuance of a proclamation terminating the emergency
by the disaster director, whichever occurs first; provided, however, that such emergencies may be extended
for additional periods of time as deemed necessary by the disaster director.
2.50.230 Penalty for Violation.
Any person violating any provision of this chapter or executive order issued pursuant thereto is guilty of a
misdemeanor. (ORD 93-15 06-03-93)
Title 2~3 l
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DRIVEWAY PLN/INSP-SINGLE FAMILY
BUILDING DEMOLITION REVIEW
BLDG BOARD OF APPEAL REVIEW
RELOCATED BUILDING INSPECTION
PROP OWNER INFORMATION-VERBAL
PROP OWNER INFO-WRITTEN
PRELIMINARY PLAN REVIEW
MINISTERIAL SITE PLAN REVIEW
HEARING SITE PLAN REVIEW
SIGN PERMIT REVIEW
TEMPORARY SIGN PERMIT
PREAPPLICATOIN CONFERENCE
CONDITIONAL USE PERMIT-PC
CONDITIONAL USE PERMIT-ZA
CATEGORICAL EXAMPTION
NEGATIVE DECLARATION
MITIGATED NEGATIVE DECLARATION
ENVIRONMENTAL IMPACT REPORT
MITIGATION MONITORING-CONSTRUC
MITIGATION MONITORING-LONG TERM
FISH AND GAME FEE ADMINISTRATION
WILLIAMSON ACT APPLICATION
HPAC REVIEW
CONSISTENCY DETERMINATION
VARIANCE REVIEW
ZONE CHANGE REVIEW
ZONING CODE AMENDMENT REVIEW
LOT LINE ADJUSTMENT
VOLUNTARY PARCEL MERGER
REVERSION TO ACREAGE
CERTIFICATE OF COMPLIANCE
HOME OCCUPUATION PERMIT
CERTIFICATE OF OCCUPANCY
LANDSCAPE INSPECTION
RESIDENTIAL SECOND UNIT PERMIT
TEMPORARY MOBILEHOME USE
IMPROVEMENT SECURITY ADMINISTR
TEMPORARY USE PERMIT
COMMUNITY EVENT PERMIT
FESTIVAL PERMIT
VENDOR PERMIT
GENERAL PLAN AMENDMENT REVIEW
GENERAL PLAN MAINTENANCE
SPECIFIC PLAN AMENDMENT
DOWNTOWN SPECIFIC PLAN
SPECIFIC PLAN REVIEW
ANNEXATION REVIEW
STREET ABANDON APPLICATION
EASEMENT ABANDONMENT APPL
CONDOMINIMUM CONVERSION REVIEW
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100%
100%
100%
100%
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100%
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100%
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100%
100%
100%
100%
100%
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100%
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Delete
100%
100%
100%
100%
100%
100%
10O%
100%
100%
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100%
100%
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5O%
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Title 3-29
CHAPTER 2.60 HOLIDAYS OBSERVED BY THE TOWN
2.60.010 Holidays Observed by the Town.
(a) Notwithstanding anything to the contrary contained within California Government Code Section 6700,
the public offices of the Town, excluding those offices which must remain open for the continuation
of essential public services such as police protection, shall be closed on Saturdays, Sundays and on
the follo~ving, and only the following holidays:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
New Year's Day (January 1)
Martin Luther King's Day (Third Monday in January)
Presidents Day (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Columbus Day (Second Monday)
Veterans Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
Friday following Thanksgiving
Christmas Eve Day (December 24)
Christmas Day (December 25)
(ORD 97-07 08-21-97)
(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 Town Council.
(ORD 93-15 06-03-93)
(d) Notwithstanding the foregoing provisions of this section, the Town Manager shall be authorized, by
administrative regulation or otherwise, to direct that all or a portion of the public offices of the Town
shall remain open for business, on a full or reduced staff basis, on any of the days or holidays
prescribed above, when it is determined to be necessary in the public interest to do so.
Title 2-33
CHAPTER 2.55 ADMINISTRATIVE MANDAMUS: STATUTE OF
LIMITATIONS
2.55.010 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 Town
Council, and such provisions are hereby made applicable in the Town as further specified in Section 2.50.020
of this chapter.
2.55.020 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 March 23, 1993. (ORD 93-15 06-03-93)
Title 2-32