HomeMy WebLinkAboutOrdinances_2718_CCv0001.pdf ORDINANCE NO. 2715
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING, DELETING ANIS ADDING
PORTIONS OF CHAPTERS 1.06 1.08, 1,22, '.CIS, 7;-14, 3.401, 5,0 , 5.`0, 5.25, 5.40, 5.44, 5.`6,
5. 0, 5.64, &04, 8.04, &48, &64, 10.4{f, 10.44, 1_5:04, AND 15.24.OF THE REDLANDS
S
MUNICIPAL CODE RELATING TO APPEALS, ADMINISTRATION ANIS PERSONNEL,
REVENUE ANIS FINANCE, BUSINESS TAXES. LICENSES AND REGULATIONS.
ANIMALS, HEALTH AND SAFETY, VEHICLES ANIS TRAFFIC, ANIS BUILDINGS AND
CONSTRUCTION
N
THE CITY COUNCIL OFTHE CITY OF REDLANI S DOES ES ORDAII AS;
FOLLOWS:
Section 1.. Section 1.0 6.075 of the Redlands Municipal Code relating to appeals is hereby
added to read as follows-
"Section 1.06-075 Withdrawal of appeals. No appeal may be withdrawn without
the prior consent of the City of Redlands."
Section 2. Section 1.08,010 of the Redlands Municipal Code relating to the designation
of the.City seat is hereby amended to read:as follows.-
"Section 1,08.010 Designated, The official seal of the City of Redlands shall be in the
form of a die approximately two inches in diameter: The Corr of the die shalt be two
circles, one inside the ether, Within the smaller circle shall be imprinted, the words
"Incorporated 1888," and within the larger circle and outside the limits of the inner circle
shall be imprinted the words `City of Redlands California."'
Section 3. Section 1. 2.030 of the Redlands Municipal Code relating to the issuance of
administrative citations is hereby amended to read as follmvs
"Section I.2.030(A) Authority to Issue Citations,
A. An enforcement officer may issue an administrative citation to any person violating
any provision of this Cade: When a violation pertains to building, plumbing, electrical or
Cather similar structural or zoning violation that clues not create an immediate danger to
health or safety, the enforcement officer shall provide at least tett (10) days to correct or
remedy the violation."
Section 4.. Section 1.22.060 of the Redlands Municipal Cade.relating to administrative
citation fines is hereby amended to reed as follows:
"Section 1.22.060 Litres.
A. Any violation of"this Code that is punishable as an infraction shall be subject to a fine
in the following amounts
f:",ccferk 0rdin ances',2'98 Oc;cnup tird mv 20090407.do
1
1, A fine not exceeding one hundred dollars (S 100.00) per Code provision violated
for the first administrative citation;
2. A fine not exceeding two hundred dollars ($200,00) per Code provision, violated
for a second administrative citation for violation of the same Code provision issued
within a twelve (12) month period; and
3. A fine not exceeding five hundred dollars (S500,00) per Code provision violated in
any subsequent administrative citation issued for violation of the same Code
provision within a twelve(12') month period.
B. Any violation of this Code that is punishable as a misdemeanor shall he subject to a
fine not to exceed one thousand dollars(S 1,000.00) per code provision violated."
Section 5. Section 1.22,070(A)of the Redlands Municipal Code relating to
administrative citations is hereby amended to read as follows.
"A. Upon receipt of an administrative citation, the responsible person must pay the fine to
the City within fifteen(15) days of issuance(subject to subsection 1.22.05OA2 of this Chapter),
or pay the fine and file an appeal pursuant to section 1.22.080 of this Chapter."
Section 6. Section 2,08.010 of the Redlands Municipal. Code relating to the duties of the
Finance Director is hereby amended to read as follows:
"Section 2.0 .010 Office Established. The office of Finance Director of the City is
hereby established. The Finance Director shall be appointed by the City Manager."
Section 7. Section 2.14.010 of the Redlands Municipal Code relating to the Police
Department is hereby amended to read as follows:
"Section .1 .010 Rules For Government. The Chief of Police shall establish rules and
regulations for the government cat' the Police Departi-rient of the City. Such rules and
regulations shall be reviewed annually by the Chief of Police, with the City Attorneys''
Office's assistance, for compliance with applicable law. The Chief of Police, when
establishing such rules and regulations, may utilize a service or agency that provides
model rules and regulations for California police departments."
Section, 8. Chapter 3.40 of the Redlands Municipal Code relating to the establishment of
a Special Gas Tax Street Improvement Fund is hereby deleted in its entirety.
Section 9. Section 5.08.125 of the Redlands Municipal Code relating to the minimum
time period for a professional license is hereby amended to read as follows:
"Section 5.08,125 Si: Month Minimum. No license fee shall be accepted by the City's
Finance Director or the Director's designee under any of the provisions of Articles III and
2
IV of this Chapter for a period of less than six months; and no license shall be issued
under any of such provisions for a period of time of less than six months."
Section 10. Section 5.08.515 of the Redlands Municipal Code relating to seizure of coin
operated machines for nonpayment of license fees is hereby amended to read as follows:
"Section 5.08.515 Seizure For Nonpayment. If any of the coin-operated machines,
devices or games licensed under this article are maintained in any store, hotel, motel,
restaurant, cafe, pool hall or other commercial establishment or public place in the City,
without payment of the prescribed license taxes, they may be subject to seizure by the
Chief of Police or the City's Finance Director, or the Director's designee, Such machine
or machines shall be redeemable only by the true owner thereof within a period of not
exceeding sixty days, upon the payment of costs to the City together with the license
taxes plus penalty for the period during which such machines, devices, or games were
maintained unlicensed."
Section It 11. Section 5.08.520 of the Redlands Municipal Code relating to redemption
and/or sale of seized coin operated machines is hereby amended to read as follows:
"Section 5. 8.520 Redemption and/or Sale. If the true owner cannot be found after
reasonable inquiry, or if the owner fails to redeem, then the machine may be confiscated
and sold by the City's Finance Director, or the Director's designee at the end of the sixty-
day period, after notice by registered mail to the last known address, if any, of the owner.
The proceeds of such sale shall be credited to the general Rind of the City ,'
Section 12. Section 5.20,030 of the Redlands Municipal Code relating to fortune-telling
application investigations is hereby amended to read as follows,
.Section 5.20,030 License-, Application, Upon filing, the application shall be referred to
the Police Department for investigation to verify the facts contained in the application
and any supporting data. The Police Department shall report its findings to the City's
Finance Director or the Director's designee and shall recommend approval or denial of
the license. A report recommending denial shall set forth the grounds for the
recommendation, and a copy shall be provided to the applicant."
Section 13. Section 5.28.060(D)(23)(d) of the Redlands Municipal Code relating to
massage permit applications is hereby amended to read as follows:
"d. The applicant, if an individual, or any of the stockholders of the corporation, or any
officers or director, if the applicant is a corporation; or a partner if the applicant is a
partnership., or the managing responsible officer has not been convicted in a court of
competent jurisdiction of an offense involving conduct which requires registration under
California Penal Code Section 290, or of conduct which is a violation of the provisions of
California Penal Code Sections 266(c), 266(d), 266(e), 266(g), 2n (h). 266 (i), 315, 316,
318, 647(a), 647(b), 647(d) as now written or amended), or any felony offense involving
the sale or possession of controlled substance specified in California Health and Safety,
Code Sections 11054, 11055, 11056, 11057 or 11058; or that an injunction has not been
3
issued under Penal Code Section 11225. Convictions under the laws of other states or
counties which proscribe the same or similar conduct as the previously designated
California crimes shall be considered;"
Section 14, Section 5.28.180(B)of the Redlands Municipal Code relating to the
stispension or revocation of massage permits is hereby amended to read as follows:
"13. A hearing before the Chief of Police shall be scheduled upon not less than ten (10)
calendar days notice to the permittee stating the grounds for proposed the revocation or
suspension of a license. Notice shall be given by personal service or certified mail to the
address shown on the last application or renewal. If reasonable attempts to otherwise
serve are not successful, service may be provided by first class mail. The proceedings
shall be tape recorded for the purposes of the appeal procedure in section 5.28.1,90."
Section 15. Chapter 5.40 of the Redlands Municipal Code relating to pool rooms and
cigar stores is hereby deleted in its entirety.
Section 16. Section 5.44.020 of the Redlands Municipal Code relating to a statement and
inventory filing required for a regulated sale is hereby amended to read as follows:
"Section 5.44,020 Statement and Inventory; Filing Required. Every person who
advertises, promotes, holds out to or who, conducts and carries on a "regulated sale",
defined as, any sale of goods, wares and merchandise as an auction sale, insurance,
bankruptcy, mortgage, insolvent, assignees, executors, administrators, receivers, trustees,
removal, adjusters, wholesalers, jobbers, manufacturers sale, closing out sale or sale of
goods damaged by fire, smoke, water or otherwise or as a sale conducted by a merchants'
association, board of trade or other claimant or creditor, shall file with the City's Finance
Director or the Director's designee a statement under oath stating the name of the person
or persons, from whom the goods were obtained, whether the same are to be sold under
an order of court and if so, the name of the court and proceeding in which such order was
made, and an inventory shall be filed no less than ten days prior to such regulated sale."
Section 17. Section 5,44.110 of the Redlands Municipal Code relating to the
continuation of regulated sales, as defined in Section 5.44.020, is hereby amended to read as
follows:
"Section 5.44.110 License, Continuation. If such person, firm or corporation continues
to conduct or carry on a regulated sale for longer than thirty days, a license tax of one
hundred dollars shall be paid for a continuing period of thirty days, but for no less than
thirty days. Notice of intent to continue a regulated sale must be filed with the City's
Finance Director or the Director's designee not less than five days before expiration of
the license. In no event shall any regulated sale be permitted to continue in excess of
sixty days."
Section 18. Section 5.44.1 70 of the Redlands Municipal Code relating to scope of
licenses tier regulated sales is hereby amended to read as follows:
4
"Section 5.44.170 License; Scope, The license as provided for herein shall be valid only
for a sale of goods, wares and merchandise, inventoried and described in the ,statement
filed with the City's Finance Director or the Director's designee as provided in Section
5.44.020."
Section 19, Section 5.44.180 of the Redlands Municipal Code relating to cancellation
authority for a regulated sale license is hereby amended to read as follows-
"Section 5.44.1.80 License-, Cancellation Authority. The City's Finance Director or the
Director's designee is authorized to cancel the license to conduct any sale in the event
that inspection discloses goods, ware-, or merchandise to be found in stock or on sale
which have not been included in such inventory or which have been falsely advertised, or
that the licensee has in any other respect violated the provisions of this Chapter."
Section 20. Section 5.44,250 of the Redlands Municipal Code relating to enforcement of
regulated sales is hereby amended to read as follows:
"Section 5.44.250 Enforcement, Authority is vested in the City's Finance Director or the
Director's designee and any police officer of the City, to enter upon the premises where
any of the sales herein provided for are being conducted, and to inspect, investigate and
make an inventory of all merchandise being displayed, shown and offered for sale, and to
inspect, examine and audit the books and accounts of the licensee insofar as they pertain
to such sale and the goods so offered for sale; and any refusal, delay or failure by the
licensee, his agents or employees or any one acting for or on behalf of such licensee, to
furnish all necessary information and opportunity to the officers or the Director's
designee to make a thorough inspection, inventory, examination and/or audit, shall
constitute a misdemeanor."
Section 2 1. Chapter 5.56 of the Redlands Municipal Code relating to self-service
laundries is hereby deleted in its entirety,
Section 22. Section 5.60.100 of the Redlands Municipal Code relating to peddler's
license applications is hereby amended to read as follows:
"Section 5.60.100 Application with Finance Director. Every solicitor, peddler. and
itinerant salesman shall make application for police registration at the office of the City's
Finance Director on a form provided for that purpose and complying with the following
provisions:
A. Giving the name of the applicant,
B. Giving the name and address of the person, employer, firm, or corporation the
applicant is to represent and credentials showing the applicant's relationship to his
employer or principal,
5
C. Giving a brief description of the nature of the activity and the kind of goods, wares, or
services to be solicited, peddled or sold;
D. Giving the applicant's present address and the applicant's penuarient address and the
local address from which sales will be made;
E. Giving the date the applicant proposes to start the applicant's activity within the City.-
Section 23. Section 5.60.110 of the Redlands Municipal Code relating to peddler's
license application tees is hereby amended to read as follows:
"Section 5.60.1 l4 Application Fee Nonrefundable. At the time of making application
for Police registration, a nonreturnable fee of five dollars, in addition to the State costs
for the processing of noncriminal fingerprints, shall be paid to the office of the City's
Finance Director to cover the cost of investigation and registration."
Section 24. Section 5.60.120 of the Redlands Municipal Code relating to Police
Department procedures pertaining to peddler's licenses is hereby amended tcs read as follows:
"Section 5.60.120 Police Department Procedures. The completed and signed application
for Police registration shall be presented by the applicant to the Chief of Police and such
further information furnished as may be required to enable the Police Department
property to investigate and evaluate the applicant's record. At this time, such applicant
shall be fingerprinted and photographed, unless the applicant furnishes two satisfactory
photographs of the applicant, taken within sixty days inimediately prior to the date of
filing application with the City's Finance Director or the Director's designee, which
picture shall be two inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishable manner; and such photographs and fingerprints shall be
made a part of the permanent registration record."
Section 25. Section 5.64,030(F)(6)of the Redlands Municipal Code relating to taxicab
insurance requirements is hereby amended to read as follows:
-6. The applicant shall provide certificates of insurance endorsements to Risk
Management prior to issuance of a permit."
Section ''CS. Section 6.04.150 of the Redlands Municipal Code relating to dog
vaccinations is hereby amended to read as follows-
"Section 6.04.150 Vaccination, Prerequisite to License. No application receipt for
owning or harboring a dog, as provided in Sections 6.04,01 ) through 6.04.130, shall be
issued except on application to the City's Finance Director or the Director's designee and
the display, at that time, of a certificate of vaccination or letter certifying to the
vaccination from a licensed veterinarian showing that the dog has been vaccinated with
canine rabies vaccine, The certificate must be valid for a period equaling or exceeding
the life of the license being then applied for."
6
Section 27. Section 8.04.391 of the Redlands Municipal Code relating to collection of
cost-, and attorney's fees prior to nuisance hearings is hereby amended to read as follows:
"The City's Finance Director or the Director's designee may accept payment of any
amount due at any time prior to the City Council hearing on the reports and accounts."
Section 28. Chapter 8.48 of the Redlands Municipal Code relating to Gas Service
Regulations is hereby deleted in its entirety.
Section 29. Section .6 .100 of the Redlands Municipal Code relating tothe
police protection for outdoor festivals is hereby amended to read as follows-,
"Section 8,64,100 Police Protection. Every licensee shall employ, at his own expense,
adequate police protection to ensure the public safety. The number and type of officers
shall be determined, specified and approved by the City Manager, based upon the
recommendations of the Chief of Police, Fire Chief, Municipal Utilities and Engineering
Director and other appropriate City Directors to provide for the presenation of order and
protection of property in and around the place of the festival. Funds to employ this
specified number of law enforcement officers at the current hourly salary rate for City
police officers shall be deposited by the licensee with the office of the City's Finance
Director at least ten days prior to the specified date the activity is to occur.
Where the City Manager determines that the employment of off-duty peace officers is
necessary to meet the requirements of this chapter, the peace officers shall be under the
complete direction and control of the City Manager. The City Manager must be satisfied
that the requisite number of peace officers will be provided at all times of operations, plus
any specified time prior to and following the event, before a license is issued. The
licensee must also ftirnish to the City Manager, prior to issuance of the license, written
permission for City law enforcement officers or City officials to enter upon the premises
for the purpose of any inspections deemed necessary by the City Manager."
Section 30. Section 8,64.270(A) of the Redlands Municipal Code relating to
revocation of licenses tsar outdoor festivals is hereby amended to read as follows:
"A. The licensee fails, neglects or refuses to pay to the office of the City's
Finance Director the fee presc6bed by this Chapter."
Sectional. Section 10.40.120 (if the Redlands Municipal Code relating to parking for
certain purposes is hereby amended to read as follows:
"Section 10.40120 Parking for Certain Purposes Prohibited. No person shall park a
vehicle upon any street, road or highway to wash, grease or repair such vehicle, except
for repairs necessitated by nin emergency. No person shall sleep in a parked vehicle on
any street, road or highway,"
7
Section 32. Section 10.44.060(B) of the Redlands Municipal Code relating to streets,
sidewalks and public places is amended to read as follows:
"B, It is unlawful for any person to ride upon any bicycle, roller skate or skates,
skateboard, or other contrivance upon any sidewalk within any business district
within the city of Redlands, except for authorized law enforcement personnel of
the city. Business district means any business district as defined by section 235 of
the California Vehicle Code,"
Section 33. Section 10 44.11 of the Redlands Municipal Code relating to the
manner of payment for parking citations is hereby amended to read.-
"Section 10.44.110 Manner of Payment. Payment may be made in person to the office
of the City's Finance Director, City Hall, Redlands, or by mailing said penalty to the
office of the City's Finance Director."
Section 34 Section 15 04.030 of the Redlands Municipal Code amending Section 110.3.2
of the California Building Code, Appendix Chapter 1, relating to certificates of occupancy is
hereby amended to read as follows:
"Section 1'10,3.?. Certificate of Occupancy, A Requirement For Issuing A City
Business License. No license to conduct a business, occupation or profession in a
particular building or structure in the City of Redlands shall be issued by the
City's Finance Director or the Director's designee in accordance with Chapters
5.04 and 5.08 of the Redlands Municipal Code until the Building Official has
certified that a valid certificate of occupancy exists as required by this code."
Section 35. Section 15.24-040 of the Redlands Municipal Code amending Uniforrn
Housing Code Chapter 15 relating to performance of work or repair or demolition is hereby
amended to read as follows-
"Uniform Housing Code Chapter 15, "Performance of Work or Repair or Demolition," is
amended by rewording Section 1501.1 and deleting Section 1502 as follows:
SECTION 1501.1. PROCEDURE.
When any work, repair or demolition is performed pursuant to Section 1401.3 item 3, of
this Code, the Chief Building Official shall obtain at least three bids from contractors
licensed to do business in the City of Redlands. The Chief Building Official may ernploy
such architectural and engineering assistance on a contract basis as he may deem
reasonably necessary.
SECTION 1501.2. COSTS.
The cost of such work shall be paid from the General Fund of the City of Redlands and
may be made a special assessment against the property involved, or may be made a
personal obligation of the property owner, whichever the City Council shall determine is
8
appropriate. All funds collected under the proceedings hereinafter provided for shall be
paid to the City's Finance Director who shall credit the same to the General Fund."
Section 36, Section 15.24.050 Uniform Housing Code of the Redlands Municipal Code
amending Uniform Housing Code Chapter 16 is hereby amended to read as follows,
"Section 15.24.0-50: Rcpayinent of Repair and Demolition Fund. Unifi)nn Housing Code
Chapter 16, entitled "Recovery of Cost of Repair or Demolition,"' is amended by
rewording Section 1612, Repayment of Repair and Demolition Fund, as follows:
SECTION 1612.
,All monies recovered by payment of the charge or assessment or from the sale of the
property at foreclosure sale shall be paid to the City's Finance Director who shall credit
the same to the General Fund. Only that amount owed to the City shall be collected at
the time of foreclosure."
Section 37. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts,:a newspaper of general circulation within the City, and thereafter this
ordinance shall take effect in accordance with law,
Jo at isC�ra, ayor
ATTEST:
i �W:L CorPo z C 17, it C] rk
y 7, �C�'i
1, Lorrie lid yzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 19th day of May,
2009, by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar, Bean; Mayor Harrison
NOES: None
ABSENT: one
ABSTAIN- None
C, 1 e
9