HomeMy Public PortalAboutOrdinance 12-9571
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ORDINANCE NO. 12 -957
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING CHAPTERS 2
( "ENFORCEMENT OF CODE ") AND 4 ( "ADMINISTRATIVE CITATIONS ") OF TITLE 1 ( "GENERAL
PROVISIONS ") OF THE TEMPLE CITY MUNICIPAL CODE
WHEREAS, pursuant to California Government Code section 53069.4, on February 15, 2005, the
City Council of the City of Temple City adopted Ordinance No. 05 -895 (enacted as Chapter 4 of Title 1 of
the Temple City Municipal Code) that establishes a process for imposing administrative fines and /or
penalties for violations of the Temple City Municipal Code (and other technical codes adopted therein) by
means of an administrative citation; and,
WHEREAS, the City Council of Temple City initially limited the use of an administrative citation
and the imposition of an administrative fine to specific violations of the Temple City Municipal Code; and,
WHEREAS, the City Council of Temple City now desires to grant City Officials the ability to
utilize administrative citations for all violations of the Temple City Municipal Code in an effort to gain
compliance therewith; and,
WHEREAS, the City Council of Temple City desires to refine the administrative procedures
related to the imposition, enforcement, collection, and administrative review of the administrative
citations and administrative fines and penalties.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Subsections (a) and (b) of Section 1200 ( "Violations, Penalties ") of Chapter 2
( "Penalty Provisions ") of Article I ( "General Provisions ") of the Temple City Municipal Code is hereby
amended to read as follows:
Section 1200. Violations, Penalties
A. No person, firm, corporation, or other responsible entity shall violate any provision,
restriction, or requirement of this Code or any Code adopted by reference herein, any ordinance of the
City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other
entitlement issued pursuant to this Code. Each such entity shall be guilty of a separate offense for each
and every day during any portion of which the violation or failure to comply is committed, continued,
permitted, suffered, or maintained, and shall be punished accordingly.
B. Any person, firm, corporation, or other responsible entity who violates any provision,
restriction, or requirement of this Code or any Code adopted by reference herein, any ordinance of the
City, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or
other entitlement issued pursuant to this Code shall be guilty of a misdemeanor punishable by a fine of
not more than one thousand dollars ($1,000), or by imprisonment in the County jail for a period not
exceeding six (6) months, or by both such fine and imprisonment, unless:
1. Such requirement is classified as an infraction by the California Vehicle Code,
this Code, or any ordinance of the City;
2. The prosecuting attorney files a complaint charging the offense as an infraction;
3. The City Manager or prosecuting attorney authorizes the issuance of a citation
charging an offense as an infraction;
4. After filing of a misdemeanor complaint, the court, solely upon motion of the
People, reduces the charge to an infraction, and the defendant does not object to having the case
proceed as an infraction; or,
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5. An enforcement officer issues an administrative citation pursuant to Article I,
Chapter 4 of this Code.
C. In addition to the penalties provided hereinabove, a violation of any provision, restriction,
or requirement of this Code or any Code adopted by reference herein, any ordinance of the City, any rule
or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement
issued pursuant to this Code shall be deemed a public nuisance and may be abated in the manner
provided by law as such. Every day such violation continues shall be regarded as a new and separate
offense.
SECTION 2: Chapter 4 ( "Administrative Citations ") is hereby added to Title 1 ( "General
Provisions ") of the Temple City Municipal Code to read as follows:
CHAPTER 4 ADMINISTRATIVE CITATIONS
Section 1400. Findings.
The City Council of the City of Temple City finds and declares as follows:
A. Enforcement of the Temple City Municipal Code and adopted ordinances throughout the
City is an important public service. A program for enforcement of local codes is vital to protect public
health, safety, and welfare. The establishment of a comprehensive and effective code enforcement
program that is able to utilize both administrative and judicial remedies against violations of the City's
laws is best equipped to protect public health, safety, and welfare.
B. Government Code Section 53069.4 authorizes local jurisdictions to enact legislation
making a violation of any local ordinance subject to an administrative fine or penalty. The State
Legislature has also enacted other provisions of California law that allow local governments to impose
administrative fines and /or penalties for violations of specified provisions of State law. The City Council
intends, pursuant to this statute, to establish an administrative citation program that:
1. Imposes a non - judicial administrative fine and /or penalty for offenses of the
Temple City Municipal Code (including, but not limited to, any other code adopted therein) and other
State laws as authorized by Statute;
2. Encourages prompt abatement or correction of prohibited conditions, uses or
activities in the City; and,
3. Creates deterrence against future violations of the City's laws.
C. The administrative citation remedy is not intended to replace any other remedy allowed
by the Temple City Municipal Code or state law. It is intended to provide an alternative and /or additional
means by which the City's laws may be enforced.
Section 1401. Applicability and Scope
A. Use of this Chapter shall be at the sole discretion of the City and is one remedy that the
City has to address violations of the Temple City Municipal Code or other applicable provisions of State
law. By adopting this Chapter, the City does not intend to limit its discretion or ability to utilize any
administrative, civil, criminal, or other remedy available at law or equity, or any combination thereof, to
address violations of the City's laws.
B. This Chapter makes a violation of any provision, restriction, or requirement of this Code
or any Code adopted by reference herein, any ordinance of the City, any rule or regulation promulgated
pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code
subject to an administrative fine.
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C. This Chapter establishes the administrative procedures for the imposition, enforcement,
collection, and administrative review of administrative fines and /or penalties pursuant to Government
Code Section 53069.4.
D. An administrative fine in an amount adopted by resolution of the City Council shall be
imposed by means of an administrative citation issued by an Enforcement Officer, and shall be paid
directly to the City of Temple City. Payment of a fine shall not excuse a failure to correct a violation, nor
shall it bar concurrent or further enforcement actions by the City.
E. The City Manager, or a designee thereof, may dismiss a citation at any time if a
determination is made that it was issued in error, in which event any deposit of a fine shall be refunded.
Notice of such action shall be given to the Citee in writing.
F. The City Manager, or a designee thereof, is authorized to promulgate procedural rules
and regulations governing the provisions in this Chapter.
Section 1402. Definitions
As used in this Chapter, the following words are defined as follows:
A. "Administrative fine" and /or "administrative penalty" shall mean the monetary sanction
established by resolution of the City Council that is imposed upon a Responsible Person by means of a
Citation.
B. -• "Citation" shall mean an administrative citation that is issued to a Responsible Person
pursuant to this Chapter.
C. " Citee" shall mean a Responsible Person to whom a citation is issued.
D. "City" shall mean the City of Temple City, California.
E. "City Manager" shall mean the chief administrative official of the City as appointed by the
City Council.
F. "Code" shall include: (i) the entire Temple City Municipal Code and any other Code, rule,
or regulation incorporated therein by adoption or reference, (ii) any uncodified ordinance adopted by the
City Council of Temple City, (iii) any rule or regulation promulgated pursuant to the provisions of the
Temple City Municipal Code, (iv) any condition of any permit, license, or other entitlement issued
pursuant to this Code, and (v) other State laws as authorized by statute.
G. "Enforcement officer" and "Officer" shall mean any City employee with obligations to
enforce the Temple City Municipal Code. Enforcement Officers shall include the following personnel: City
Manager, Public Services Director; Public Safety Manager; Code Enforcement Officer; Animal Control
Officer; Building Inspector and Resident Safety Volunteer member, and their designees. The City
Manager may designate additional persons to act as Officers for purposes of implementing the provisions
of this Chapter.
H. "Hearing officer" shall include a private entity, organization, association or person, or a
public official, or duly constituted reviewing authority or commission that the City Manager designates or
appoints to consider all timely requests for an administrative hearing upon issuance of a citation.
"Owner" shall mean and include any person having legal title to, or who leases, rents,
occupies or has charge, control or possession of, or responsibility for, any real property in the City,
including all persons shown as owners on the last equalized assessment roll of the Los Angeles County
Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, or
who are court appointed administrators, conservators, guardians or receivers. An owner of personal
property shall be any person who has legal title, charge, control, responsibility for, or possession of such
property.
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J. "Person" shall mean and includes any individual, partnership of any kind, a corporation of
any kind, limited liability company, association, joint venture or other organization or entity, however
formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of
such persons. "Person" also includes any public entity or agency that acts as an owner in the City.
K. "Property" or "Premises" shall mean any real property, or improvements thereon, or
portions thereof, as the case may be. "Property" includes any parkway or unimproved public easement
abutting such real property. "Property" shall also include all forms of personal property or animals, where
applicable.
L. "Responsible Person" shall mean any person, whether as an owner or an agent,
manager, or representative of an owner, or otherwise, that allows, causes, creates, maintains, suffers, or
permits a violation of the Code to exist or continue, by any act or the omission of any act or duty.
M. "Violation" shall mean an act or omission of any act, or use or condition that constitutes
an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license
issued pursuant to the Code. A "transient" violation is one that is brief or spontaneous in its commission,
or that is not typically confined to a fixed location. A "Non- transient" violation is continuing in nature and
generally present at one location.
Section 1403. Scope
This Chapter provides for imposition of an administrative fine pursuant to a Citation for any
violation of the Code, as well as for a breach or violation of any condition of a permit, approval or license
issued pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other remedy
allowed by the Code or state law. The City Manager, or designees thereof, shall have sole discretion to
utilize any remedy or remedies as authorized by law.
Section 1404. Issuance of Administrative Citation; Contents Thereof
A. Whenever an Officer determines that a violation of the Code has occurred, the Officer
may issue a Citation on a City- approved form imposing an administrative fine or fines to the Responsible
Person(s) in accordance with the provisions of this Chapter.
B. When the violation pertains to building, plumbing, electrical or other similar structural or
zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith. In
the absence of an immediate danger, a citation for a violation pertaining to building, plumbing, electrical,
or other similar structural or zoning issues shall not be issued pursuant to this Chapter unless the
Responsible Person has first been provided with a reasonable period, as determined by the Officer, in
which to complete the abatement or compliance actions.
C. An Officer may issue a Citation for a violation not committed in the Officer's presence if
the Officer has determined, through investigation, that the Citee did commit, or is otherwise responsible
for, the violation.
D. Each day, or any portion thereof, that a prohibited condition, use or activity under the
Code is committed, continued or permitted, shall constitute a separate violation for which an
administrative fine may be imposed. A single Citation may charge multiple violations of the Code,
however, each violation is subject to a separate and distinct administrative fine.
E. Each Citation shall contain the following information:
1. Name and mailing address of the Responsible Person.
2. The address or description of the location of the violation.
3. The date and approximate time of the commission of the violation(s), or detection
thereof by an Officer.
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4. The relevant provision(s) or section(s) of the Code alleged to have been violated;
5. A description of the violation(s);
6. Amount of the fine for each violation, the procedure and place to pay the fine(s)
and /or re- inspection fees, and any late penalty and /or interest charge(s), if not timely paid;
7. When appropriate, the action(s) required to correct the violation(s), and, if
applicable, any deadlines or time limitations for commencing and completing such action(s);
8. A description of the administrative citation review process and the manner by
which a hearing on a Citation may be obtained (including the form to be used, where it may be procured
from, and the period in which a request must be made in order to be timely);
9. The name and signature of the Officer, and the signature of the Citee, if he or
she is physically present and will sign the Citation at the time of its issuance. The refusal of a Citee to
sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a
Citation constitute an admission that a person has committed a violation of the Code;
10. A statement that the failure to timely tender the fine(s) and other fees, costs,
and /or charges imposed pursuant to this Chapter may result in the recordation of a lien and /or the delay
in issuance or renewal of any City license and /or permit; and,
11. Any other information deemed necessary by the City Manager.
Section 1405. Service of Citation
A. A Citation may be served either by personal delivery to the Citee or by first class mail
through the United States Postal Service. The date of personal service shall constitute the issuance date
of a Citation.
B. If served by first class mail, the Citation shall be sealed in an envelope with postage
prepaid and addressed to the Citee at his or her last -known business or residence address as same
appears; in public records of the City, the Los Angeles County Tax Assessor's Office, and /or the Secretary
of State._ The date a Citation is deposited with the United States Postal Service shall: (i) constitute its
issuance date, and (ii) the date that service by certified mail shall be deemed to have been completed.
C. If an agent, manager or representative of a Responsible Person is personally served with
a citation, a copy thereof shall also be served by first class mail to the Responsible Person at his or her
last -known business or residence address as same appears in public records of the City, the Los Angeles
County Tax Assessor's Office, and /or the Secretary of State. In such instances, the date a copy of the
Citation is deposited with the U.S. Postal Service shall constitute the issuance date of a Citation.
D. If service cannot be accomplished personally or by mail for Citations involving a real
property - related violation of the Code, the officer shall post the Citation on the real property where the
violation is alleged to have occurred. The date of posting shall constitute the issuance date of a Citation.
E. Any notice or order given pursuant to any provision of this Chapter shall be served in the
manner provided for in this section, unless otherwise stated.
F. Failure of a Citee to receive a Citation or notice shall not invalidate any fine, late penalty
charge, action or proceeding that is imposed or brought pursuant to this Chapter, if service was given in a
manner stated in this section.
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Section 1406. Imposition of Administrative fines, Late Fees, Interest Charges, and Re-
Inspection Fees; Payment and Collection of Fines, Fees and Other Charges
A. The amounts of the fines imposed pursuant to this Chapter shall be set forth in a
schedule of fines established by resolution of the City Council. The City Council may, by resolution, also
impose escalating fines in amounts it deems appropriate for repeat offenses of the same ordinance. The
amounts of fines may be modified from time to time by a resolution of the City Council.
B. If a violation is otherwise classified as an infraction under the Code, the administrative
fine shall not exceed $100.00 for a first offense, $200.00 for a second offense of the same ordinance
within a twelve month period of time, and $500.00 for a third or greater offense of the same ordinance
within a twelve month period of time, as set forth in subdivision (b) of Section 25132 and subdivision (b) of
Section 36900 of the California Government Code. The amounts of such fines may be modified from time
to time by a resolution of the City Council provided they do not exceed the limits allowed by state law.
C. In addition to any fine imposed pursuant to this Chapter, a re- inspection fee shall be
assessed against any Responsible Person in an amount established by resolution of the City Council if
the Responsible Person does not timely and completely correct or abate a violation (with all requisite
approvals, permits, licenses, and /or inspections) after having received notification from the City to correct
or abate same.
D. Failure to pay an administrative fine within the period specified on the citation shall result
in the assessment of a late penalty charge. The late penalty charge shall be equal to one hundred
percent (100 %) of the total fine owed (excluding any re- inspection fee).
E. Failure to pay an administrative fine within sixty (60) days of the issuance of an
administrative citation or, if contested, within sixty (60) days of an order to pay pursuant to a decision by a
hearing officer or judicial officer confirming the fine, shall result in the imposition of an interest charge at a
rate established by resolution of the City Council. Interest shall not accrue on a late penalty charge or re-
inspection fee. The rate of interest may be modified from time to time by resolution of the City Council.
F. Administrative fines, re- inspection fees, late penalty charges, and any interest due shall
be paid to the City at such location or address as stated in the citation, or as may otherwise be
designated by the City Manager.
G. The due date for the City's receipt of an administrative fine shall be
twenty (20) calendar days from the issuance date of a citation. Thereafter, a late penalty charge shall be
due and owing, as well as interest, as imposed by this Chapter.
H. Payment of an administrative fine shall not excuse or discharge a Citee from the duty to
immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a
continuation or repeated occurrence(s) of a violation of the Code.
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Abatement of a violation shall not excuse the obligation of a Citee to pay an
administrative fine or any other charges, fees, or costs imposed as a result of the issuance of a citation.
J. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with
this Chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not
limited to the recordation of a lien (secured or unsecured) with the County Recorder's Office and /or with
the California Franchise Tax Board "Inter- Agency Offset Program" (pursuant to Section 12419.10 of the
California Government Code), The City may also withhold issuance or renewal of any license, permit, or
other entitlement for any property or business whenever an administrative penalty resulting from a code
violation at said property or business remains unpaid. The City shall be entitled to recover its attorney
fees and costs arising from an action to collect an administrative fine and other chares, fees, or costs
imposed in accordance with this Chapter if it is the prevailing party and provided it made the election to
seek attorney fees at the commencement of the action. A Citee shall be entitled to recover his or her
attorney fees if the City made the election to seek attorney fees at the outset of the action and the Citee
prevails thereon.
Section 1407. Right to an Administrative Hearing; Waiver of Advance Deposit of Fine
A. Any Citee may contest the violation(s), or that he or she is a Responsible Person, by
filing a request for an administrative hearing on a City- approved form with the Office of the City Clerk —
Temple City City Hall, 9701 Las Tunas Drive, Temple City CA 91780 within ten (10) calendar days from
the issuance date of a citation. If the Office of the City Clerk does not receive the request in the required
period, the Citee shall have waived the right to a hearing and the citation shall be deemed final.
B. A request for a hearing shall contain the following:
1. The citation number.
2. The name, address, telephone and any facsimile numbers, of each person
contesting the citation.
3. A statement of the reason(s) why a citation is being contested.
4. The date and signature of the Citee(s).
C. No filing fee shall be charged for the filing of a request for a hearing.
D. Requests for a hearing shall be accompanied by an advance deposit of the entire amount
of the fine stated in the Citation. Failure to deposit a fine within the required period, or the tender of a non-
negotiable check in the required period, shall render a request for an administrative hearing incomplete
and untimely, in which case the Citee shall have waived the right to a hearing and the Citation shall be
deemed final. Fines that are deposited with the City shall not accrue interest. Fines deposited shall be
returned to the person tendering the fines in the event a Citation is overturned.
E. A Citee who is financially unable to deposit the administrative fine with his or her request
for a hearing may complete a City- approved application form for an advance deposit hardship waiver
(hereinafter, "Hardship Waiver "). This form and all required accompanying records shall be tendered,
along with a request for a hearing, to the Office of the City Clerk — Temple City City Hall, 9701 Las Tunas
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Drive, Temple City CA 91780 within ten (10) calendar days from the issuance date of a Citation.
F. To be considered for a Hardship Waiver, the application form must be complete, signed,
and must be accompanied by documents that enable the City to reasonably determine the Citee's present
inability to deposit the fine. Documents suitable for consideration, may include, without limitation,
accurate, complete and legible copies of state and federal income tax returns and all schedules for the
preceding tax year; financial statements, loan applications, bank account records, income and expense
records for twelve months preceding submittal of the waiver form, as well as other documentation
demonstrating the Citee's financial hardship. The City may, at its sole discretion, request additional
documents in order to determine a Citee's financial ability to tender an advance deposit of the fine.
Failure to submit sufficient evidence of a Citee's financial inability to tender an advance deposit of the fine
shall result in a denial of the Hardship Waiver. The City may, at a time chosen in its sole discretion and
after a Citation is final or confirmed, destroy or discard the documents submitted by a Citee for a Hardship
Waiver without prior notice to the Citee.
G. Failure to submit a completed, signed Hardship Waiver form, along with sufficient records
that support a claim of financial hardship, shall render the request for hearing incomplete and untimely. In
this event, the Citee shall have waived the right to a hearing and the Citation shall be deemed final.
H. The City shall issue a written decision regarding the application for a Hardship Waiver. If
the Hardship Waiver is denied, the written decision shall specify the reasons for not issuing the Hardship
Waiver. This decision is final and non - appealable. The decision shall be served upon the person
requesting the Hardship Waiver by first class mail.
1. Approval of a Hardship Waiver shall result in the City setting a hearing pursuant
to Section 1408 of this Chapter.
2. If the City determines that the Citee is not entitled to a Hardship Waiver, he or
she shall tender the full amount of the administrative fine to the Office of the City Clerk within ten (10)
calendar days of the date the decision is deposited with the U.S. Postal Service. In the event the City
Clerk does not receive the full amount of the fine in the required period (i) the request for a hearing is
rendered incomplete and untimely, (ii) the Citee shall have waived the right to a hearing and the Citation
shall be deemed final, and (iii) a late penalty charge shall be imposed upon the administrative fine.
A timely request for a hearing shall not excuse a Citee from the duty to immediately abate
a violation of the Code, nor from any other responsibility or legal consequences for a continuation or
repeated occurrence(s) of a violation of the Code.
Section 1408. Administrative Hearing — Procedures
A. An administrative appeal hearing shall be scheduled and conducted within sixty (60)
calendar days of the date a timely and complete request is received by the Office of the City Clerk. A
Citee who files a request for an administrative hearing to contest a citation (hereinafter, "appellant ") shall
be notified in writing by first class mail of the date, time, and location of the hearing at least ten (10)
calendar days prior to the date of the hearing. The failure of an appellant to receive a properly addressed
notice shall not invalidate the Citation or any hearing or City action or proceeding conducted pursuant to
this Chapter.
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B. At the place and time set forth in the notification of administrative hearing, the hearing
officer shall hear and consider the testimony of the issuing officer, the appellant(s), and /or their witnesses,
as well as any documentary evidence presented by these persons concerning the violation(s) alleged in
the Citation:
C. Administrative hearings are informal, and formal rules of evidence and discovery do not
apply. The City bears the burden of proof to establish a violation and responsibility therefore by a
preponderance of evidence. The issuance of an administrative citation shall constitute prima -facie
evidence of the violation and the Enforcement Officer who issued the Citation is not required to attend or
participate at the hearing. The appellant(s), and Officer, if present, shall have an opportunity to present
evidence and witnesses and to cross - examine witnesses. An appellant may bring an interpreter to the
hearing at the appellant's sole expense. The hearing officer may question any person who presents
evidence or who testifies at any hearing.
D. An appellant may appear at the hearing in person or by written declaration executed
under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and
received by the Office of the City Clerk at least three (3) City business days prior to the hearing. If the
appellant fails to attend the scheduled hearing, or to otherwise submit a written declaration in a timely
manner, the hearing officer shall cancel the hearing and send a notice thereof to the appellant(s) by first
class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to non-
appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such
instances, the Citation (and corresponding fine and other applicable fees) shall be deemed final.
E. Hearings may be continued once at the request of an appellant or the Officer who issued
the citation. The hearing officer may also continue the hearing for cause.
Section 1409. Hearing Officer Decision; Right of Appeal Therefrom
A. After considering all of the testimony and evidence submitted at the hearing, the Hearing
officer shall issue a written decision to uphold or overturn the Citation and shall state the reasons
therefore. If the Citation is upheld and the violation has not been fully corrected as of the date of the
hearing, the hearing officer shall order correction thereof in the decision and provide a deadline to
complete said action(s). The decision of the hearing officer shall be final. If the Citation is upheld and the
appellant did not deposit the fine at the time the appellant requested an administrative appeal hearing, the
hearing officer shall also order the payment of the fine (and other applicable fees and costs) as set by
Council resolution within twenty (20) calendar days of the decision.
B. The appellant(s) shall be served by first class mail with a copy of the hearing officer's
written decision. The date the decision is deposited with the U.S. Postal Service shall constitute the date
of its service. The failure of an appellant to receive a properly addressed decision shall not invalidate any
hearing, City action or proceeding conducted pursuant to this Chapter.
C. Decisions of the hearing officer are, in accordance with Government Code Section
53069.4(b), appealable to the superior court within twenty (20) days after the date of their service. Each
decision shall contain a statement advising the appellant(s) of this appeal right and the procedures and
court- filing fee for its exercise. An appellant shall serve a copy of the court filed Notice of Appeal on the
Office of the City Clerk — Temple City City Hall, 9701 Las Tunas Drive, Temple City, CA by personal
service or first class mail within five (5) calendar days of filing the original thereof.
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D. If a hearing officer's decision is not appealed in a timely manner, the decision shall be
deemed confirmed.
E. The superior court is the sole reviewing authority and an appeal from a hearing officer's
decision is not appealable to the City Council. If a Responsible Person prevails on appeal, the City shall
reimburse his or her filing fee, as well as the fine deposit in accordance with the court judgment. These
monies shall be mailed to the Responsible Person within forty -five (45) calendar days of the City's receipt
of a notice of judgment or ruling from the superior court clerk.
Section 1410. Penalties
Failure of a Citee to comply with a corrective action stated in any uncontested citation, or with
regard to a correction order in any hearing officer decision that is deemed confirmed and not appealed to
the superior court, shall constitute a misdemeanor.
Section 1411. Severability
If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a
court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect
the validity of the remaining portions of this chapter. The City Council declares that it would have adopted
this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the
fact that any one or more sections, subsections, phrases, or portions be declared invalid or
unconstitutional.
SECTION 3: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this
Ordinance, and shall cause this Ordinance to be posted in the manner required by law.
ORDINANCE NO. 12 -957 HAD ITS FIRST READING ON JUNE 19, 2012, ITS SECOND
READING ON JULY 3, 2012, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF TEMPLE CITY AT ITS REGULAR MEETING OF JULY 3, 2012.
ATTEST:
MAYOR
APPROVED AS TO FORM:
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I, Peggy Kuo, Deputy City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 12 -957 was introduced at the regular meeting of the City Council of the City of Temple City
held on the 19th day of June 2012, and was duly passed, approved and adopted by said Council at the
regular meeting held on 3rd of July, 2012 by the following vote:
AYES: Councilmember -Blum, Chavez, Vizcarra, Sternquist, Yu
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
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