2008-02 Establishing the Code & Enacting Title(s) 1-3 ORDINANCE NO. 2008-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
ESTABLISHING THE MENIFEE MUNICIPAL CODE, AND ENACTING TITLE(S) 1-3
RELATING TO GENERAL ADMINISTRATION, FINANCES AND CONTRACTING AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. ESTABLISHMENT OF MUNICIPAL CODE A Municipal Code is hereby
established for the City of Menifee, and Titles 1, 2, and 3 thereof are enacted as set forth in
Attachment'A" attached hereto and incorporated herein by this reference as if set forth in full.
SECTION 2. INTENTION TO SUPERSEDE COUNTY ORDINANCES The provisions
of this ordinance are intended to and do supersede any provisions of the ordinance of the
County of Riverside which cover the same matters as in this Ordinance and which are in effect
pursuant to Ordinance No. 2008-1 of the City.
SECTION 3. SEVERABILITY If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have adopted this ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid
or unconstitutional.
SECTION 4. EFFECTIVE DATE: URGENCY The City of Menifee is newly
incorporated and it comprises territory formerly unincorporated. It is necessary that this
ordinance take effect immediately in order to provide a Municipal Code having a scheme of
classification for the grouping of ordinances as they are adopted, and to provide a basic
administrative framework of rules and regulations under which the fundamental operations of
the newly established municipal government can be conducted. Therefore, the City Council
finds that this ordinance is necessary for the immediate preservation of the public peace, health,
and safety, and declares that it shall take effect immediately upon its adoption as an urgency
ordinance.
SECTION 5. The City Clerk shall certify as to the adoption of this ordinance and shall
cause the same to be posted as required by law.
PASSED, APPROVED AND ADOPTED this 1 st day of October, 2008, by 4/5'h vote as
follows: f
Ayesl i
Noes:
Absent: �-
Abstain:
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VNwgce W. Edgerton, Mayor
Attest:
athy Bennett, City Clerk
Approved as to form:
Eliza th Martyn, Interim City Attorney
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ATTACHMENT "A"
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adopted
1.02 City Seal
Chapter 1 .01
CODE ADOPTED
Sections:
1.01.001 Declaration of Purpose.
1.01.002 Establishment of Municipal Code.
1.01.003 Contents of Code.
1.01.004 Outline of Code.
1.01.005 Maintenance of Code.
1.01.010 Interpretation of Code and Other Ordinances.
1.01.015 Reserved
1.01.020 Effect of Code on Past Actions and Obligations.
1.01.030 Partial Invalidity.
1.01.040 Territorial Limitation.
1.01.050 Local Signification.
1.01.100 Rules of Construction.
1.01.110 Effect of Headings.
1.01.120 Meaning of"Section" and "Subsection."
1.01.130 Acts by Deputies.
1.01.140 "Writing."
1.01.150 Reference to Ordinances: Application to Amendments.
1.01.160 Statute of Limitations.
1.01.170 Definitions
1.01.200 Violation of Municipal Code— Infraction
1.01.210 Aiding and Abetting.
1.01.220 Punishments.
1.01.230 Imprisonment in County Jail.
1.01.240 Violations Public Nuisances.
1.01250 Nuisances: Recovery of Abatement Expenses.
1.01.260 Violations of Administrative Provisions.
1.01.300 Notices— Service
1.01.310 Notices- Proof
1.01.320 Administrative Mandamus—Statute of Limitations
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1.01.001 Declaration of Purpose. The City Council finds that it is desirable and in the
public interest to establish a Municipal Code in order to provide a system of organization for the
classification and grouping of ordinances which the Council may adopt. The Council intends on
adopting ordinances of a general and permanent nature to provide for their placement in
accordance with the scheme of the Code. This will provide the user with a convenient and
logical compilation of the ordinances of the City.
1.01.002 Establishment of Municipal Code. This Code shall be known as the "Menifee
Municipal Code." It shall be sufficient to refer to this Code as the Menifee Municipal Code in any
prosecution for the violation of any provision of this Code. It shall also be sufficient to designate
any ordinance adding to, amending, or repealing provisions of this Code as an addition or
amendment to, or a repeal of the Menifee Municipal Code, or any portion thereof.
1.01.003 Contents of Code. The Menifee Municipal Code shall consist of all ordinances
adopted by the City Council which are of a general and permanent nature. An ordinance
relating to any of the following subject matters is not considered an ordinance of general and
permanent nature and need not be included within the Municipal Code:
(a) The naming of streets or roads;
(b) Granting, altering, or withdrawing franchises;
(c) Levying real property taxes;
(d) Calling an election;
(e) Annexation proceedings;
(f) Interim zoning measures;
(g) Zoning or rezoning a particular parcel of property; and
(h) Such other ordinances of a special or particular subject matter which the Council
considers inappropriate to a compilation of laws of a general and permanent
nature.
1.01.004 Outline of Code.
(a) The ordinances of the City which are of a general and permanent nature shall be
organized and grouped according to subject matter.
(b) Ordinances which are adopted from time to time shall be classified and
organized under the following scheme of titles:
(1) General Provisions
(2) Administration and Personnel
(3) Revenue and Finance
(4) Miscellaneous Regulations
(5) Business Regulations
(6) Health and Sanitation
(7) Subdivisions
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(8) Buildings and Construction
(9) Planning and Zoning
(10) Animals
(11) Peace, Morals, and Safety
(12) Vehicles and Traffic
(13) Parks and Recreational Facilities
(14) Streets and Sidewalks
(15) Water and Sewers
(16 and continuing) RESERVED
1.01.005 Maintenance of Code. At least three (3) copies of this Code, duly certified by
the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this
Code. Additional copies of this Code shall be distributed to the departments of the City as
prescribed by the City Manager.
Duly certified copies of each ordinance making a change in this Code shall be filed in the
office of the City Clerk in books for such purpose, duly indexed for ready reference.
Semi-annually the City Clerk shall cause the loose leaf pages of this Code in which
changes have been made to be reproduced, including a notation as to the ordinance number
and the date on which such change was adopted. Such reprinted pages shall be distributed in
order that the loose leaf copies of this Code, prepared for the use and convenience of the
officers and employees of the City and the general public, may be brought up to date.
1.01.010 Interpretation of Code and Other Ordinances. The provisions of this Code
and all proceedings under it are to be construed to affect its purposes and to promote justice.
All the provisions of this Code and all other City ordinances shall be interpreted to refer
to the appropriate or designated officer or office of the City, and whether an ordinance, uniform
code, statute, or other matter which is adopted by reference refers to any department, officer,
employee, inspection, police, or other functions, unless the context requires otherwise, all
references shall be to the appropriate or designated office, officer, department, agency,
employee, or function of the City, or to the person or agency performing the function for the City.
1.01.020 Effect of Code on Past Actions and Obligations. Neither the adoption of
this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in
effect in the City or within the territory currently comprising the City, shall in any manner affect
the prosecution for the violation of any ordinance, which violation was committed prior to the
effective date of this Code, nor be construed as a waiver of any license fee or penalty due and
unpaid under such ordinances on such effective date, nor be construed as affecting any of the
provisions of such ordinances relating to the collection of any such license fee or penalty or the
penal provisions applicable to any violation of such ordinances, nor to affect the validity of any
bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and
4853-1754-5219.1 5
all vested rights and obligations pertaining to such ordinances shall continue in full force and
effect.
1.01.030 Partial Invalidity. If any Chapter, Section, sentence, clause, or portion of this
Code is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions thereof.
1.01.040 Territorial Limitation. This Code shall refer only to the omission or
commission of acts within the territorial limits of the City of Menifee and that territory outside of
the City over which the City has jurisdiction or control by virtue of the California Constitution, or
any law, or by reason of ownership or control of property.
1.01.050 Local Signification. All references in this Code to places, acts, persons, or
things and all else in relation to this Code shall be construed to mean that the same are
applicable to this City, whether the City is mentioned in each particular section or not.
1.01.100 Rules of Construction. Unless the provisions of this Code otherwise
specifically provide, or the context of this Code indicates to the contrary, the general provisions,
rules of construction, and definitions set forth in the following Sections of this Chapter shall
govern the construction of this Code.
1.01.110 Effect of Headings. The Title, Chapter, Article, and Section headings
contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the
scope, meaning, or intent of the provisions of any Title, Chapter, Article, or Section of this Code.
1.01.120 Meaning of"Section" and "Subsection." "Section" shall mean a section of
this Code, unless some other source is specifically set forth. "Subsection" shall mean a
subsection of the section in which the term occurs, unless some other section is expressly set
forth.
1.01.130 Acts by Deputies. Whenever a power is granted to, or a duty is imposed
upon, a public officer or employee, the power may be exercised or the duty may be performed
by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to
law or ordinance, unless this Code expressly provides otherwise.
1.01.140 "Writing." "Writing" includes any form of recorded message capable of
comprehension by ordinary visual means. Whenever any notice, report, statement, or record is
required or authorized by this Code, such notice, report, statement, or record shall be made in
writing in the English language, unless this Code expressly provides otherwise.
1.01.150 References to Ordinances: Application to Amendments. Whenever any
reference in this Code is made to an ordinance, the reference shall apply to such ordinance of
the City, unless this Code expressly provides otherwise. Whenever any reference is made to
any portion of this Code or to any ordinances of this City, the reference shall apply to all
amendments and additions to this Code.
1.01.160 Statute of Limitations. When a limitation or period of time prescribed in any
existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose,
has begun to run before this Code goes into effect, the time which has already run shall be
deemed a part of the time prescribed as such limitation.
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1.01.170 Definitions. As used in this Code, unless a different meaning is apparent from
the context-or is specified elsewhere in the Code:
(a) "Calendar year" shall mean from January 1 through December 31 of any given
year.
(b) "City" shall mean the City of Menifee.
(c) "City Manager" shall mean the appointed official of the City who occupies the
position of chief administrative officer of the City.
(d) "Council" shall mean the City Council of the City of Menifee.
(e) "Council Member" shall mean a person duly elected to the Council.
(f) "County" shall mean the County of Riverside.
(g) "Day" shall mean calendar day unless specified otherwise.
(h) "Fiscal year" shall mean from July 1 of any given year through June 30 of the
following year.
(i) "Gender". The masculine gender shall include the feminine and neuter
"genders.
(k) "Month" shall mean a calendar month, unless otherwise specially
expressed.
(1) "Number." The singular number shall include the plural, and the plural number
shall include the singular, unless the context clearly indicates otherwise.
(m) "Oath" shall include affirmation.
(n) "Official time standard."Wherever certain hours are named in this Code, they
shall mean Standard Time or Daylight Saving Time as may be in current use in the City.
(o) "Operate" shall mean and include carrying on, keeping, conducting, or
maintaining.
(p) "Owner" applied to a building or land, shall include any part owner,joint owner,
tenant, tenant in common, or joint tenant of the whole or a part of such building or land.
(q) "Person" shall include any person, firm, company, corporation, partnership,
association, public corporation, city (except the City of Menifee), the County of Riverside, any
district in the County of Riverside, the State of California, or the United States of America,or
any department, agency, or political subdivision of the above, unless this Code expressly
provides otherwise.
(r) "Personal property" shall include money, goods, chattels, things in action, and
evidences of debts.
4853-1754-5219.1 7
(s) "Police" shall mean the agency which performs the appropriate law enforcement
function for-the City. "Police Chief," "Chief of Police," or"Chief of Police Services," shall mean
the head of the agency or division which at the time involved has responsibility for performing
the police function for, or within, the City.
(t) "Property" shall include real and personal property.
(u) "Quarterly" where used to designate a period of time, shall mean the first three
calendar months of any given year or succeeding period of three calendar months.
(v) "Real property" shall include land, tenements, and hereditaments.
(w) "Sale" shall include any sale, exchange, barter, or offer for sale.
(x) "Shall" shall be mandatory.
(y) "State" shall mean the State of California,
(z) "Street" shall include all streets, highways, avenues, boulevards, alleys, courts,
places, squares, or other public ways in the City which have been or may hereafter be
dedicated and open to public use, or such other public property so designated in any State law.
(aa) "Tenant or occupant" applied to a building or land, shall include any person who
occupies the whole or a part of such building or land, whether alone or with others.
(ab) "Tense." The present tense shall include the past and future tense, and the future
tense shall include the present tense.
Words and phrases not defined in this Code shall be construed according to the
approved usage of the language, or, when appropriate, by reference to definitions contained in
State or Federal law.
1.01.200 Violation of Municipal Code -- Infraction. It shall be unlawful for any person
to violate any provision or to fail to comply with any of the requirements of this Code or the
provisions of any Code adopted by reference by this Code or any provision of any ordinance of
the City not included within this Code. Any person violating any such provisions or failing to
comply with any of the mandatory requirements of this Code or any Code adopted by reference
by this Code or any other City ordinance shall be guilty of an infraction, unless such violation is
specifically designated as constituting a misdemeanor. Each such person shall be guilty of a
separate offense for each and every day during any portion of which any violation of any
provision of this Code, or any provision of any Code adopted by reference by this Code, or of
any other City ordinance. is committed, continued, or permitted by such person, and may be
punished accordingly.
1.01.210 Aiding and Abetting. Whenever any act or omission is made unlawful by this
Code, it shall include causing, permitting, aiding, abetting, suffering, or- concealing the fact of
such act or omission.
4853-1754-5219.1 8
1.01.220 Punishments.
(a) Any conviction of a misdemeanor under the provisions of this Code shall be
punishable by a fine of not more than one thousand dollars (S 1,000), or by imprisonment in the
County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
(b) Any conviction of an infraction under the provisions of this Code shall be
punishable for a first conviction by a fine of not more than one hundred dollars ($100), for a
second conviction within a period of one (1) year by a fine of not more than two hundred dollars
($200), and for a third or any subsequent conviction within a period of one (1) year by a fine of
not more than five hundred dollars ($500).
Any provision or requirement of this Code or of any Code adopted by reference by this
Code or of any ordinance of the City not included within this Code, the violation of which or the
failure to comply with which is designated as an infraction, shall be prosecutable as a
misdemeanor upon a fourth violation within a period of one (1) year and each violation
thereafter of the same provision by the same individual within a period of one (1)year.
Any violation expressly declared to be punishable, in the discretion of the court by either
a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under
any of the following circumstances:
(1) Where a judgment imposes a punishment of a fine not exceeding one
hundred dollars ($100) in the case of a first offense; or
(2) When the court grants probation to a defendant without the imposition of
a sentence and, at the time of granting probation, or on application of the defendant or probation
officer thereafter, the court declares the offense to be an infraction; or
(3) When the City Attorney or the District Attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction.
1.01.230 Imprisonment in County Jail. Imprisonment for violation of any City
ordinance shall be in the County Jail.
1.01.240 Violations Public Nuisances.
(a) In addition to other penalties provided by law, any condition caused or permitted
to exist in violation of any provision of this Code or any code adopted by reference by this Code
or any ordinance of the City,not included within this Code, or my such threatened violation, shall
be deemed a public nuisance and may be summarily abated as such by the City.
(b) Any such violation or threatened violation as referred to in subsection (a), or any
condition caused or permitted to exist in violation of any of the provisions of any code adopted
by reference by this Code, or of the provisions of any other City ordinance, shall be deemed a
public nuisance which may be abated by the City Attorney in a civil judicial action.
1.01.250 Nuisances: Recovery of Abatement Expenses.
(a) Whenever any person creating, causing, committing, or maintaining a public
nuisance, as referred to in Section 1.01.240 of this Chapter, or other public nuisance, as defined
4853-1754-5219.1 9
under State law or other ordinances or regulations, has been given notice, by or on behalf of the
City Attorney or by any other City officer, employee, or policing agent authorized to give such
notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of
law, and such person fails, refuses, or neglects to comply with the notice within the time
specified therein, or if such a time is not specified, then within a time reasonably sufficient to
enable such compliance, such non-complying person shall be liable to the City for any and all
costs and expenses to the City involved in thereafter abating the nuisance and in obtaining
compliance with or enforcing the law as referred to or encompassed within such notice.
(b) Costs and expenses, as referred to in Subsection (a) of this Section, may
include, but are not limited to, any and all direct costs and expenses related to such things as
personnel salaries and benefits, operational overhead, rent, interest, fees for experts or
consultants, legal costs or expenses, including attorneys'fees, claims against the City arising as
a consequence of the nuisance or violation, and any and all procedures associated with
collecting monies due hereunder.
(c) The provisions of Subsection (a) of this Section shall also apply to any person
who received a notice, as specified therein, abated the nuisance or violation, but subsequently
allowed or was responsible for a recurrence of the nuisance or violation.
(d) The liability of any person for the payment of the costs and expenses provided
for in Subsection (a) of this Section may be waived in whole or in part by the City .Attorney in
any case wherein the City Attorney determines, in the City Attorney's sole discretion, that the
failure or refusal of such persons to comply with the notice therein involved was based upon a
good faith and bona fide issue of law or fact specially involved in the circumstances of the case.
Any determination or decision of the City Attorney in this regard shall be final and conclusive
and shall not be subject to appeal as prescribed in Title 2 of this Code.
(e) Money due to the City pursuant to this Section may be recovered in an
appropriate civil action. Alternatively, such liability may be enforced by special assessment
proceedings against the parcel of land upon which the nuisance existed, which proceedings
may be conducted in a manner substantively similar to proceedings described in Sections
39574 et seq. of the California Government Code relating to weed abatement assessments.
1.01.260 Violation of Administrative Provisions. The violation of, or the failure or
omission to perform in accordance with, any administrative provision of this Code by any officer
or employee of the City shall generally not be considered a criminal act, but may be deemed a
failure to perform the duties or to observe the rules or regulations of the department, office,
commission, or board within the meaning of the civil service ordinances and rules and
regulations of the City, if applicable.
1.01.300 Notices —Service. Whenever an notice is required to be given or may be
given, under any provision of this Code or any provision of any code adopted by reference by
this Code, or by any provision of any City ordinance or resolution, such notice shall be deemed
given when given as provided here. Unless different or special provisions are specifically made
applicable in this Code or in some other applicable enactment, notice shall be given by personal
delivery thereof to the person to be notified, by fax delivery with a copy of the fax return, or by
deposit in a sealed envelope the United States mail, postage prepaid, certified, return receipt
requested, addressed to such person at that person's last know home or business address as
such address appears in the public records or any other reliable records pertaining to the matter
for which notice is to be given.
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1.01.315 Notices— Proof. Proof of giving any notice may be made by the certificate of
any officer or employee of the City or the declaration under penalty of perjury of any person over
18 years old, which confirms service in the manner provided in this Code or other applicable
provisions of law.
1.01.320 Administrative Mandamus—Statute of Limitations. The provisions of Code
of Civil Procedure 1094.6 hereby are adopted by the City Council and such provisions are made
applicable in the City to "decisions" as set out in Section 1094.6 that are final on and after
October 1, 2008.
CHAPTER 1.02 CITY SEAL
Sections:
1.02.010 Adoption
1.02.020 Design
1.02.010 Adoption of Seal. A corporate seal for the City is adopted with a design
set out as in Section 1.02.020.
1.02.020 Design of Seal. The basic design may be enhanced by additional design
elements adopted by the City Council: The seal shall be circular in form, not less than two
inches in diameter. Around its circumference shall appear the words "City of Menifee,
California," and within, the words "Incorporated October 1, 2008."
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council
2.08 City Manager
2.10 City Clerk
2.15 City Treasurer
2.16 City Attorney
Chapter 2.04
CITY COUNCIL
Sections:
2.04.010 Time and Place of Regular Meetings.
2.04.020 Council Meetings -- Rules of Order and Decorum.
2.04.030 Approved Minutes as Official Record of
Proceedings.
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2.04.040 Council Compensation and Reimbursement
2.04.050 Appeals
2.04.010 Time and Place of Regular Meetings. The regular meetings of the City
Council shall be held at a time designated by resolution of the City Council. If the date of any
such regular meeting falls on a holiday, the regular meeting shall be held at the same hour on
the next succeeding day which is not a holiday.
2.04.020 Council Meetings-Rules of Order and Debate. By resolution, the City
Council may adopt rules of decorum and conduct at public meetings as deemed necessary or
appropriate by the City Council.
2.04.030 Approved Minutes of Open Session As Official Record of Proceeding.
(a) Approval of Minutes. Unless the reading of the minutes of the open session of
the City Council Meeting is requested by a Member of the Council, such minutes may be
approved without reading if the City Clerk has previously furnished each Member with a copy
thereof. Minutes shall be approved by voice or roll call vote.
(b) Designated as Official Record. Such approved written minutes constitute the
official record of City Council proceedings and actions and are superior to any other record,
recordation, document, transcript, audiotape, videotape, or other memorial or writing of such
proceedings and actions. Any other recordings, tapes, and records of Council proceedings
which may be deemed duplicate records shall be kept only as required by Government Code
Section 34090.7 as it presently exists and as it may from time to time be amended.
2.04.040 Council Compensation and Reimbursement. Pursuant to Govt. Code
Section 36516, as that shall be amended from time to time, compensation shall be paid to each
member of the City Council in the amount set forth in that Section, and specifically in the
amount of$500 per month. This compensation is exclusive of any amounts payable to each
member of the Council as reimbursement for actual and necessary expenses incurred in the
performance of official duties as such reimbursement has been established by City Council
Resolution pursuant to the provisions of Govt. Code Sections 53232 et seq as those may be
amended from time to time.
2.04.050 Appeals of Discretionary Actions and Fees.
(a) Except when an appeals process is otherwise set forth in this Code or applicable
law and regulations, any person objecting to a discretionary action of denial, suspension or
revocation of a permit applied for held by him pursuant to any provisions of this Code or City
ordinance, or to any discretionary administrative decision made by any official of the City, or to
the amount, collection or waiver of any fee, charge or assessment of any kind, shall appeal in
writing to the City Council by filing a notice of such appeal with the City Clerk before pursuing
any legal action against the City. The City Council may appoint an ad hoc subcommittee to
consider a specific appeal and/or a standing committee for all appeals and provide that the
decision of that subcommittee shall be final.
(b) No appeal may be filed until the disputed action or matter has been reviewed
with the department head and/or the City Manager. There shall be no appeal of a ministerial
4853-1754-5219.1 12
action or of any law enforcement action involving state law. No fee, charge or assessment may
be appealed until after payment of the full amount of such fee, charge or assessment.
(c) The notice of appeal must be filed within 30 days of the date of the decision or
action which is the subject of the appeal, or the payment of any disputed fee, charge or
assessment.
(d) The notice of appeal shall set forth the matter appealed, the specific grounds for
the appeal and the relief sought; the notice shall be returned to the appellant by the City Clerk if
such information is not contained in it and the appellant shall have an additional 5 days to
correct it and resubmit. The notice shall be accompanied by a fee of$100 or such other amount
as set by resolution of the City Council.
(e) Upon the timely filing of a complete notice, the City Clerk shall schedule the
matter for consideration at a regular City Council meeting (or committee meeting, if the matter
has been delegated)within the next 30 days and shall give notice of such hearing at least 15
days in advance. The City Clerk shall provide the notice of appeal and any accompanying
materials to the City Council at the same time as other agenda materials are provided.
(f) At the time of consideration of the appeal, the appellant has the burden to
establish why the action or fee appealed from should be revised. The appellant shall present
evidence to support the specific grounds of appeal as set out in the notice. The Council (or
subcommittee) may continue the matter from time to time, and at the conclusion of the matter
may uphold, modify or reverse the action appealed from or take any action which might legally
have been taken. The action of the Council (or, when delegated) shall be final. The provisions
of this Code shall govern any further challenge.
Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Office Created -- Term.
2.08.020 Eligibility.
2.08.030 Compensation.
2.08.040 Expense Reimbursement.
2.08.050 Designation of Acting City Manager.
2.08.060 Powers and Duties.
2.08.070 Relations With Council.
2.08.080 Depat-tmental Cooperation.
2.08.090 Agreements with Council
2.08.100 Removal. Limitations
2.08.010 Office Created --Term. The office of the City Manager is created and
established. The City Manager shall be appointed by the City Council on the basis of
administrative and executive ability and qualifications. The City Council may appoint an "Interim
City Manager"to serve as the City Manager at any time during the process of selecting a
permanent City Manager. Such Interim City Manager shall have all the powers and duties
prescribed by this Chapter and by direction of the City Council.
4853-1754-5219.1 13
2.08.020 Eligibility. No member of the City Council shall be eligible for appointment as
City Manager until one (1) year has elapsed after such Council Member has ceased to be a
Member of-the City Council.
2.08.030 Compensation. The City Manager shall receive such compensation and
expense allowances as the City Council shall from time to time determine, and such
compensation shall be a proper charge against such funds of the City as the City Council shall
designate.
2.08.040 Expense Reimbursement. The City Manager shall be reimbursed for all
actual and necessary expenses he incurs in the performance of his or her official duties,
including those incurred when traveling on business pertaining to the City, subject to the
provisions of state law governing such reimbursement.
2.08.050 Designation of Acting City Manager. The City Manager, by letter filed with
the City Clerk or Deputy City Clerk, shall designate a qualified City administrative or other officer
to exercise the powers and perform the duties of City Manager during any temporary absence
or disability of the City Manager.
2.08.060 Powers and Duties. The City Manager shall be the administrative head of the
government of the City under the direction and control of the City Council except as otherwise
provided in this Chapter. The City Manager shall be responsible for the efficient administration
of all affairs of the City which are under his or her control. In addition to the general powers as
administrative head of the City government, and not as a limitation thereon, the City Manager
shall be expected and shall have the power to:
(a) Enforce all laws and ordinances of the City and to see that all franchises,
contracts, permits, and privileges granted by the City Council are faithfully observed;
(b) Appoint, remove, promote, and demote any and all officers and employees of the
City, except elected officers and the City Attorney, and specifically including the City Clerk and
the City Treasurer(although the City Manager may serve in these positions as well), subject to
all applicable personnel rules and regulations which may be adopted by the City;
(c) Control, order, and give directions to all department heads that are subject to his
appointment and removal authority and to subordinate officers and employees of the City under
his or her jurisdiction through their department heads;
(d) Conduct studies and effect such organization and reorganization of offices,
positions, or units under his,direction as may be indicated in the interest of efficient, effective,
and economical conduct of the City's business:
(e) Recommend to the City Council for adoption such measures and ordinances as
he or she deems necessary.
(f) Attend all meetings of the City Council unless excused therefrom by the Mayor
individually or the City Council as a whole, except when his or her evaluation or removal is
under consideration;
(g) Prepare and submit the proposed annual budget and the proposed annual salary
plan to the City Council for its approval;
4853-1754-5219.1 14
(h) Keep the City Council at all times fully advised as to the financial condition and
needs of the City;
(i) Make investigations into the affairs of the City and any department or division
thereof and any contract or other obligation of the City; and further to investigate all complaints
in relation to matters concerning the administration of the City government and in regard to the
service maintained by public utilities in the City; and to enter into public works contracts,
professional services agreements and make purchases on behalf of the City as otherwise
specified in this Code or by applicable state law;
Q) Exercise general supervision over all public buildings, public parks, and all other
public properties which are under the control and jurisdiction of the City;
(k) Have the same authority as the Mayor, as the convenience of the parties may
dictate, to sign documents specified in Section 40602 of the California Government Code
whenever such documents have been approved by the City Council for execution by resolution,
motion, minute order, or other appropriate action;
(1) Act as the Purchasing Agent; and
(1) Perform such other responsibilities and exercise such other powers as may be
delegated to the City Manager from time to time by ordinance or resolution or other official
action of the City Council.
2.08.070 Relations With Council. The City Council and its Members shall deal with the
administrative services of the City only through the City Manager. except for the purpose of
inquiry, and neither the City Council nor any Member thereof shall give orders to any
subordinates of the City Manager. For purposes hereof. "inquiry" means any and all
communications short of giving orders. directions or instructions to any member of the
administrative staff. Such staff members shall provide all information reasonably requested by
any Council Member. The City Manager shall take orders and instructions from the City Council
only when sitting in a duly convened meeting of the City Council and no individual Council
Member shall give any orders or instructions to the City Manager. The City Council shall instruct
the City Manager in matters of policy. Any action, determination, or omission of the City
Manager shall be subject to review by the City Council. The City Council may not overrule,
change, or modify any such action, determination, or omission except by the affirmative vote of
the majority of the Members of the City Council then in office.
2.08.080 Departmental Cooperation. It shall be the duty of all subordinate officers and
of the City Attorney to assist the City Manager in administering the affairs of the City efficiently,
economically, and harmoniously.
2.08.090 Agreements With Council. Nothing in this Chapter shall be construed as a
limitation on the power or authority of the City Council to enter into any supplemental agreement
with the City Manager delineating additional terms and conditions of employment not
inconsistent with any provisions of this Chapter.
2.08.100 Removal. Limitations. The City Manager at all times shall be at will and
shall serve at the pleasure of the City Council. The removal of the City Manager may be only by
majority vote of the entire Council then in office at a regular or special meeting. The City
4853-1754-5219.1 15
Manager may not be removed from office, other than for misconduct, during or within a period of
ninety days after any general municipal election at which any new member of the City Council is
elected. The purpose of this limitation is to allow such newly-elected member(s) to observe the
City Manager's performance.
Chapter 2.10
CITY CLERK
Sections:
2.10.010 Authority and Appointment of Office.
2.10.020 Compensation.
2.10.030 Functions.
2.10.010 Authority and Appointment of Office. The office of the City Clerk is
established pursuant to Section 36501 of the California Government Code. The City Clerk shall
be appointed by the City Manager. The City Manager may appoint himself as the City Clerk.
2.10.020 Compensation. The City Clerk shall receive such compensations and expense
allowance as the City Council shall from time to time determine, and such compensation shall
be a proper charge against such funds of the City as the City Council shall designate.
2.10.030 Functions. The City Clerk shall have all of the power, duties, and
responsibilities granted to and imposed upon the office of the City Clerk by the provisions of
Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the State (commencing
with Section 40501), other general laws of the State, the provisions of this Code, and the
ordinances and resolutions of the City Council.
The principal functions of the City Clerk shall be to:
(a) Attend all meetings of the Council and be responsible for the recording and
maintenance of a record of all the actions of the Council;
(b) Keep all ordinances and resolutions of the Council in such a manner that the
information contained therein will be readily accessible and open to the public. The City Clerk
shall attach to the original copy of each ordinance a certificate which shall state the date the
ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has
been published or posted in,accordance with law;
(c) Keep all records of the Council and of the office of the City Clerk in such manner
that the information contained therein shall 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:
(d) Serve as the official custodian of all City records;
(e) Be the custodian of the seal of the City;
4853-1754-5219.1 16
(f) Prepare the Council agendas, in conjunction with and under the direction of the
City Manager;
(g) Perform the duties prescribed by the California Elections Code in conducting
municipal elections;
(h) Perform the duties imposed upon City Clerks by the California Political Reform
Act;
(i) Be responsible for the publication of all official advertising for the City;
Q) Be responsible for the maintenance and distribution of the Municipal Code;
(k) Process all claims filed against the City and its officers, agents, or employees,
pursuant to Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the California Government
Code (commencing with Section 900) and Chapter 3.16 of Title 3 of this Code;
(1) Perform any financial and accounting duties imposed upon the City Clerk by
Sections 40802 through 40805 of the California Government Code, as those may be amended
from time to time, and which have not been delegated to the Finance Director; and,
(m) Perform such other duties consistent with this Code as may be required of the
City Clerk by the City Manager.
Chapter 2.15
CITY TREASURER
Sections:
2. 15.010 Authority and Appointment of Office.
2.15.020 Compensation.
2.15.030 Functions.
2.15.010 Authority and Appointment of Office. The office of the City Treasurer is
established pursuant to Section 36501 of the California Government Code. The City Treasurer
shall be appointed by the City Manager. The City Manager may appoint himself as the City
Treasurer.
2.15.020 Compensation. The City Treasurer shall receive such compensation and
expense allowance as the City Council shall from time to time determine, and such
compensation shall be a proper charge against such funds of the City as the City Council shall
designate.
2.15.030 Functions. The City Treasurer shall perform such duties as are prescribed by
Sections 41001 through 41007 of the California Government Code and by any other provisions
of law applicable to deposit, investment and safekeeping of public funds of the City.
4853-1754-5219.1 17
Chapter 2.16
CITY ATTORNEY
Sections:
2.16.010 Office Created.
2.16.020 Compensation.
2.16.030 Functions.
2.16.010 Office Created. The office of the City Attorney is hereby established. It shall
consist of the City Attorney and such assistants as may be authorized by the City Council. The
City Attorney shall administer the office and be responsible for the Successful performance of its
functions. The City Attorney shall serve under the direct supervision and control of the Council
as its legal advisor. The Council may retain or employ other attorneys, assistants. or special
counsel as may be needed to take charge of any litigation or legal matters or to assist the City
Attorney with such matters.
2.16.020 Compensation. The City Attorney shall receive such compensation and
expense allowance as the City Council shall from time to time determine and such
compensation shall be a proper charge against such funds of the City as the City Council shall
designate.
2.16.030 Functions. The functions of the office of the City Attorney shall be to:
(a) Advise the Council and ail City officers in all matters of law pertaining to their
offices;
(b) Furnish 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 City:
(c) Prepare and/or approve for consideration all ordinances, resolutions.
agreements, contracts, and other legal instruments as shall be required for the proper conduct
of the business of the City and approve the form of all contracts. agreements. And bonds given
to the City; 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.
4853-1754-5219.1 1$
Title 3
REVENUE AND FINANCE
Chapters:
3.08 INVESTMENT OF MONIES
3.10 COLLECTION OF DEBTS
3.12 PURCHASING
3.16 CLAIMS AND DEMANDS
3.18 TRANSFER OF TAX FUNCTIONS
3.20 RESERVED
3.22 REAL PROPERTY DOCUMENTARY TRANSFER TAX
3.24 RESERVED
3.28 TRANSIENT OCCUPANCY TAX
Chapter 3.08
INVESTMENT OF MONIES
Sections:
3.08.010 Investment of Monies
3.01.08. Provision for Investment of City monies. Pursuant to and in accordance with
Govt. Code Section 53607, 53608, 53635 and 53735.5, as those may be amended from time to
time, the City Council by resolution shall provide for the investment of city monies and any
delegation of authority for such investments.
Chapter 3.10
COLLECTION OF DEBTS TO THE CITY
Section:
3.10.010 Collection of Debts to the City
3.10.010 Collection of debts to the City. The amount of any fee, assessment, service
charge, utility charge, license or tax of any nature whatsoever imposed by this Code or by any
other resolution, ordinance, rule, regulation or otherwise by the City shall be deemed a civil debt
owing to the City. An action may be commenced in the name of the City in any court of
competent jurisdiction for the collection of any such unpaid amount together with any penalties
applicable to it. Such action may also be commenced for the collection of any other amount or
debt determined to be due the City on account of any contractual obligation or any tortuous act
or conduct by any person. The remedy in this Section shall be cumulative, and the use of an
action to collect such amount as a debt by civil action shall not bar the use of any other remedy
provided by this Code or by law for the purpose of enforcing the provisions hereof.
4853-1754-5219.1 19
Chapter 3.12
PURCHASING; PROFESSIONAL SERVICES;
DISPOSITION OF SURPLUS SUPPLIES AND EQUIPMENT
Sections:
3.12.010 Adoption of purchasing system
3.12.020 Authority and responsibility
3.12.030 Determination of purchasing requirements
3.12.040 Purchasing limitations
3.12.050 Competitive informal bidding procedures
3.12.060 Competitive formal bidding procedures
3.12.070 Exemption from bidding upon determination of Purchasing Officer or City
Council
3.12.080 Professional service contracts; exempt from bidding
3.12.090 Change Orders
3.12.100 Disposal of surplus supplies or equipment
3.12.010 Adoption of purchasing system. In order to establish efficient procedures for
the purchase of supplies, services and equipment, to secure for the City supplies, services and
equipment at the lowest possible cost commensurate with quality needed, to exercise positive
financial control over purchases,to clearly define authority for the purchasing function through the
use of purchase orders, contracts and other authorized procedures, and to assure the quality of
purchases,the purchasing system set forth in this Chapter is adopted for the City of Menifee. This
Chapter does not apply to public works construction contracts. This Chapter shall apply to
professional services contracts only as specifically provided here.
3.12.020 Authority and responsibility. The authority and responsibility for the purchase of
supplies and equipment, procurement of professional services and disposition of surplus supplies
and equipment is vested in the City Manager and City Council. The City Manager is the Purchasing
Officer and may designate another City employee to serve as the Purchasing Officer and delegate
to that person the duties and responsibilities imposed by this Chapter on the Purchasing Officer.
The Purchasing Officer may promulgate rules and procedures necessary to carry out the
responsibilities of this Chapter. The head of each City department is responsible for administering
and implementing for that department the purchasing policies and procedures set forth in this
Chapter.
(a) In addition to administering these policies and procedures, the Purchasing Officer
and each department head,shall:
(1) In awarding contracts or issuing purchase orders, first consider sources of
supplies and equipment located within the City. The City Council has encouraged all residents and
businesses located within the City of Menifee to shop locally at businesses located in the City. In
keeping with this policy,the Purchasing Officer shall make every attempt to purchase supplies and
equipment from Menifee businesses in accordance with this Chapter. The Purchasing Officer shall
maintain a list of Menifee vendors offering the types of supplies and equipment used by the City and
shall circulate this list to all City departments. The Purchasing Officer or City Council may give
preference to local bidders when awarding any contract or issuing any purchase order for the
purchase of goods when the bids meet any of the following criteria to the extent allowed by law.
4853-1754-5219.1 20
i. The difference between bids from local bidders and those outside the City
is less than the current sales tax benefit the City would receive from the local sales tax; and
ii. The local bidder will be able to provide goods which are equal in quality
and meet all bid specifications of the City and of other competing bidders; or
iii. A reasonable condition of the contract performance is expeditious delivery
of goods and it is reasonably believed that the local bidder will be able to provide its goods more
expeditiously than a business located outside the City; or
iv. Any other reason which would factually justify selection of a local bidder
based upon criteria which do not illegally discriminate against outside businesses.
(2) Keep informed of current developments in market conditions and new
products and maintain a bidder's list, vendors catalogue files or other records needed for the
efficient purchase of supplies and equipment.
(3) Cause supplies and equipment delivered to the City to be inspected to
determine their conformance with specifications.
(4) Evaluate contract services performed to determine conformance with the
specifications set forth in the contract.
(5) Consider and encourage the purchase and use of environmentally friendly,
"green" and recyclable materials and products, whenever practicable.
(6) The term"department head"as used in this division means the person who is
designated by the City Manager as being responsible for each particular City department, including,
but not limited to, City Manager, City Clerk, Finance, Community Development, Community
Services, Law Enforcement Services, Fire Protection Services, and Engineering/Public Works.
3.12.030. Determination of purchasing requirements. The adopted budget for each
department for each fiscal year shall include funding for the necessary supplies, services, and
equipment for that department during the fiscal year. Except in cases of emergency, the City
Manager shall not issue any purchase order for supplies,services or equipment unless there exists
an unencumbered appropriation in the department account against which such purchase is to be
charged.
(a) Each department head or his/her designee shall ensure that sufficient documentation
is submitted to the Purchasir)g Officer,with a request for purchase to demonstrate compliance with
these policies and procedures and to justify the acquisition of supplies and equipment.
3.12.040 Purchasing limitations. For the purchase of supplies, equipment, and
nonprofessional services, such purchases may be made by the employees designated in this
section subject to compliance with the procedures and limitations contained in this section.
(1) For purchases of $100 or less, petty cash may be used and the applicable
department head or their designee must approve the purchase. It is not required that bids be
obtained for such purchases. No purchase order is necessary;the receipt should be provided to the
responsible department head or the Purchasing Officer.
4853-1754-5219.1 21
(2) For purchases over$100 but less than$2,000,the applicable department head must
approve the purchase. No purchase order is necessary,and it is not required that bids be obtained
for such purchases. Requests for purchases shall be made on forms prescribed and provided by
the Purchasing Officer (requisition forms).
(3) For purchases that are equal to or exceed $2,000 but are less than $5,000, the
Purchasing Officer must approve and execute the purchase order or contract for the purchase. It is
not required that bids be obtained for such purchases. Requests for these purchases shall be
made on forms prescribed and provided by the Purchasing Officer(requisition forms and purchase
orders). Purchase orders shall be reviewed and signed by the Director of Finance.
(4) For purchases that are equal to or exceed $5,000, but are less than $50,000, the
Purchasing Officer must approve and execute the purchase order or contract for the purchase.
Purchase orders shall be signed by the Director of Finance. Contracts shall be subject to approval
as to form by the City Attorney. Before the purchase is made, three written informal bids must be
obtained from vendors and each of these bids must be documented,all in accordance with Section
3. 12.050. Verbal bids will not be accepted in satisfaction of this requirement.
(5) For purchases of$50,000 or more,the City Council must approve the contract for the
purchase. Contracts shall be subject to approval as to form by the City Attorney. Prior to City
Council approval, three written formal bids must be obtained from prospective vendors, in
accordance with Section 3.12.060. Verbal bids will not be accepted in satisfaction of this
requirement. The City Council may authorize that such purchase orders or contracts be executed
by the City Manager.
3.12.050. Competitive informal bidding procedures. For purchases of supplies,
equipment, or nonprofessional services with a value of$5,000 or more at least three bids must be
obtained;and the applicable department shall solicit bids by written request to prospective vendors.
Further, the purchase order or contract for such purchases shall be awarded to the lowest
responsible vendor, consistent with the quality, quantity and delivery requirements. The lowest
responsible bidder shall be determined by such factors as reputation, ability, references, quality of
supplies and equipment, and price. Bids shall be submitted to the Purchasing Officer, who shall
keep a record of all informal orders and bids for a period of six (6) months after placement of the
order. This record, while kept, shall be open to public inspection.
3.12.060. Competitive formal bidding procedures. Contracts for supplies, equipment,
and nonprofessional services of estimated value greater than $50 OOH-shall be let by the formal
procedures set forth herein.
(1) The Purchasing Officer shall mail notices inviting formal bids. The notices
shall be mailed to all qualified vendors on the bid list or who have requested their name to be added
thereto unless the products or service is proprietary.
(2) The notices shall be mailed no later than ten (10)calendar days before the
opening date of the bids. The notices shall describe the supplies and equipment in general terms,
how to obtain more detailed information, and state the time and place for submission of bids.
(3) The notice inviting bids shall be published at least ten (10) calendar days
before the date of opening of the bids. Notice shall be published in a newspaper of general
circulation, printed and published in the City or, if there is none, it may be posted in at least three(3)
4853-1754-5219.1 22
public places in the City that have been designated by ordinance as the places for placing public
notices or it may be published in a newspaper circulated in the City.
(4) The City Clerk shall also post a notice of pending purchases on a public
bulletin board at City Hall.
(5) Sealed bids shall be submitted to the City Clerk and shall be identified as bids
on the envelope. Bids shall be opened in public by the City Clerk or designee at the time and place
stated in the public notices. A tabulation of all bids shall be open for public inspection during regular
business hours for a period of not less than thirty (30) calendar days after the bid opening.
(6) Contracts shall be awarded by the City Council to the lowest responsible
bidder except as otherwise provided herein. The decision of the City Council shall be final.
(7) In its discretion,the City Council may reject any bids presented,abandon the
purchase or advertise again. After rejecting the bids submitted, the City Council may either
advertise again or adopt a resolution by a four-fifths (4/5) majority declaring that the supplies or
equipment can be furnished at a lower price in the open market, and may award the contract in the
open market without further compliance with this section.
(8) If two (2) or more bids received are the same and are the lowest, the City
Council may accept the one it chooses.
(9) If no bids are received,the purchase may be let in the open market or by the
informal procedures set forth in Section 3.12.050.
(10) The City Council shall have the right to waive any defect or informality in the
bidding or in the procedures set forth in this section. A waiver of any defect or informality shall not
void any contract subsequently entered into.
3.12.070. Exemption from bidding upon determination of Purchasing Officer or City
Council. The bidding requirements set forth in this Chapter may be waived,at the discretion of the
Purchasing Officer, when any of the following is applicable:
(1) The product is proprietary.
(2) After a reasonable attempt has been made to obtain bids, and it has been
determined by the Purchasing Officer that three (3) bids cannot be obtained,
(3) The Purchasing Officer finds that emergency conditions require the
immediate purchase of supplies or equipment. For the purpose of this section, emergency
purchases are those procurements required to prevent the immediate interruption or cessation of
necessary City services or to safeguard life, property or the public health and welfare.
(4) The Purchasing Officer determines that due to the nature of the supplies or
equipment, formal bidding is not likely to result in the lowest price.
(5) Sufficient, satisfactory bids are not received.
(6) Supplies or equipment are procured through a cooperative purchasing
program with the federal, state, county or other public agencies.
4853-1754-5219.1 23
(7) The commodity is unique, including, but not limited to, acquisition of data
processing; telecommunications and word processing equipment, goods and services.
(8) The product or service can be obtained from only one vendor(sole source).
(9) The purchase of a specific brand name, make or model is necessary to
match existing City equipment or facilitate effective maintenance and support.
The bidding requirements of this Chapter may be waived by the City Council when, in the opinion of
the City Council, compliance with the procedures is not in the best interest of the City.
3.12.080. Professional service contracts; exempt from bidding. Professional services
are defined as services provided by any specially trained and experienced person or firm, including
but not limited to, persons or firms in the areas of accounting, administration, architecture,
construction management, economics, environmental analysis, engineering, finance, landscape
architecture, law, planning, surveying, or other matters involving specialized expertise or unique
skills.
(a) Contracts awarded for the performance of services in the above-listed areas shall be
awarded by the City Council on the basis of the demonstrated competence of the contractors, and
on the contractor's professional qualifications necessary for the satisfactory performance of the
services required, and on the fairness and reasonableness of the cost of the services to the City,
and shall not be awarded solely on the basis of cost. The competitive formal bidding requirements
set forth in Section 6 are not applicable to the procurement of professional services.
(b) Subject to compliance with the procedures set forth in this section, the Purchasing
Officer may enter into and execute contracts or purchase orders for professional services when the
cost of such services is less than $25,000. City Council approval is required for all contracts for
professional services when the cost of the services is $25,000 or more. The City Council may
authorize that such contracts be executed by the City Manager.
(c) Notwithstanding the above provisions of this Section, all contracts for the
performance of the annual audit of the City's financial statements shall be competitively bid by
obtaining at least three proposals for providing the required services, evaluating the proposals
pursuant to criteria set forth in subsection (b), and awarding the contract based on the best
proposal. Further, the award of all such contracts regardless of cost shall be approved by the City
Council.
3.12.090. Change Orders. Following the award of a contract or issuance of a purchase
order for materials, supplies, equipment, services, or construction contracts, the contract or
purchase order may be amended by the issuance of a change order, provided the change which is
the subject of amendment is reasonably related to the scope of the original contract. The
Purchasing Officer will maintain control relative to the scoping, estimating, and negotiating of the
proposed change(s)and the Director of Finance will certify the availability of funds for the proposed
change in the event that the change order increases the contract cost. On a regular basis, a report
will be submitted to the City Council outlining all change orders that have been issued to contracts
governed by this Chapter during the reporting period. Any change order with a total cost in the
amount of $25,000 or less may be approved by the Purchasing Officer, provided the aggregate
amount of all changes to a particular contract, including the change order under consideration,does
not exceed ten (10) percent of the original contract cost. Any change order in an amount greater
4853-1754-5219.1 24
than $25,000 or any change order which, when considered with the aggregate amount of all other
changes to a contract, exceeds ten (10) percent of the original contract cost, shall be approved by
the City Council. Any time extension of the performance deadline up to a total of sixty (60) days
may be approved by the Purchasing Officer. Any time extension of a performance deadline that
exceeds sixty(60)days shall be approved by the City Council. If a proposed contract modification,
change order or request for extra work exceeds the limitations imposed upon the Purchasing Officer
by this section or by resolution, and any extended delay in obtaining City Council approval is
reasonably determined to subject the city to liability for damages incurred by a contractor, or to
jeopardize the public health, welfare, or safety, or to otherwise result in potential detriment to the
city, then the Purchasing Officer shall have authority to exceed the dollar amounts or percentage
limitations specified herein. All contract modifications shall be subject to approval as to form by the
City Attorney.
3.12.100. Disposal of surplus supplies or equipment. The head of any City department
may declare supplies or equipment (collectively "personal property") held by such department
surplus. Such declaration shall be in writing and the written declaration shall be delivered to the
City Manager who shall maintain a written inventory of surplus supplies and equipment for
circulation to and review by each department. If any department has use for such personal
property, the department head may request reassignment of such personal property from the City
Manager. The City Manager shall have the authority to assign the personal property to the
department best able to make use of such personal property. If no department head makes a
request for use of such personal property after the inventory report has been circulated for one
month, the personal property shall be deemed surplus.
(a) The City Manager shall have the authority to dispose of surplus supplies or
equipment by auction or sale or otherwise after receiving bids or proposals which, in his judgment,
provide the best return to the City.
(1) Sale on the open market. The City Manager shall cause to be published at
least three days before the sale, in a locally adjudicated newspaper or newspaper circulated in the
City, and by posting on any City website, a notice of sale setting forth a general description of the
personal property to be sold,and the day,time and location of the sale. The terms of all such sales
shall be cash in the amount of the full purchase price.
(2) Sale by sealed bid or auction. As an alternative to the sale on the open
market, the City Manager may, when in his/her judgment it is in the best interest of the City, sell
surplus personal property by means of sealed bid or public auction.
In the case of sale by sealed bid or public auction, the City Manager shall
cause to be published at least three days before the sale, in a locally adjudicated newspaper, and
by posting on any City website, a notice setting forth a general description of the surplus personal
property to be sold, and the day,time and location of the sale. The terms of all such sales shall be
cash in the amount of the full purchase price.
In conducting an auction,the City Manager may contract with a professional
auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based
upon that which is common and customary method and rate for such auctioneering services.
(b) The City Manager may,when in his/herjudgment sale or auction of surplus personal
property is infeasible or will result in minimal return to the City, recommend to the City Council that
such surplus personal property be donated to any other governmental organization(including those
4853-1754-5219.1 25
outside the United States)or non-profit group or corporation exempt from federal taxes pursuant to
Internal Revenue Code Section 501(c) (3) located within or serving the City of Menifee. Surplus
personal property shall only be donated upon approval by the City Council.
Chapter 3.16
CLAIMS AND DEMANDS
Sections:
3.16.010 Claims for Money or Damages.
3.16.020 Auditing Prerequisite to Payment.
3.16.030 Forms for Demands.
3.16.040 Departmental Approval of Claims.
3.16.050 Approval by City Manager.
3.16.060 Prepayment of Demands.
3.16.070 Register of Demands.
3.16.080 City Council Approval
3.16.090 Record of Approved Demands.
3.16.010. Claims for Money or Damages. As a prerequisite to bringing suit thereon
against the City or any officer, employee, department, commission, or board of the City, any
claim for money or damages, including claims which would otherwise be excepted by Section
905 of the California Government Code and those challenging a fee, charge or assessment,
which is not governed by any other statute or regulation expressly relating thereto, shall be
presented and acted upon in accordance with Title 1: Division 3.6, Part 3; Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910)of the California
Government Code, as that may be amended from time to time. This Section shall relate only to
the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the
Director of Finance, the City Council, and other City officers to process and pay, in the ordinary
course of business, the just obligations of the City, such as routine salaries and wages, principal
and interest on bonds, payments for purchases, and other like expenditures for which there is
an express budget appropriation and in connection with which there is no dispute as to the
obligation and amount being payable.
3.16.020 Auditing Prerequisite to Payment. No payment shall be made from City
funds unless the demand which is to be paid is duly audited as prescribed herein or by other
provisions of law. In addition to any other legal requirements, this process specifically applies to
reimbursement claims submitted by City Council members and staff.
3.16.030 Forms-Blanks for Demands. Claims against the City shall be paid on forms to
be prescribed by the Director of Finance or City Manager.
3.16.040 Departmental Approval of Claims. Except for tort claims, every claim and
demand received against the City shall be first presented to and approved in writing by the
applicable department head, who shall confirm the actual delivery or rendition of the supplies,
materials, property, or service for which payment is claimed as well as that the quality and
prices correspond with the original specifications and contracts, if any, upon which the claim is
based, that the demand in all other respects is proper and valid, and shall indicate the
budgetary account to which said demand is to be charged.
4853-1754-5219.1 26
3.16.050 Approval by City Manager. Each demand approved by the receiving
department or office shall be presented to the City Manager or to the Director of Finance who
shall determine whether:
(a) The claim is legally due and owing by the City;
(b) There are budgeted or otherwise appropriated funds available to pay said claim;
(c) The claim conforms to a valid requisition or order;
(d) The prices and computations shown on the claim are verified.
(e) The claim contains the approval of other departments and officials as required.
3.16.060 Prepayment of Demands.
(a) Prepayment of demand prior to audit by the City Council may be made in
conformance with the authority provided by Section 37208 of the California Government Code.
(b) Whenever the City Manager determines that a refund of fees, taxes, or other
receipts collected in error or in advance of being earned, or of money the refund of which is
otherwise required pursuant to specific provisions of this Code or of any other ordinance of this
City, is due then any such refund shall be deemed as conforming to the currently approved
budget, and may be prepaid in the same as other demands encompassed within the terms of
Subsection (a) of this Section.
3.16.070 Resister of Demands. Following audit of demands, the City Manager or
Director Finance shall prepare a register of audited demands showing the claimant's name,
amount of demand, the warrant number and date thereof, and transmit said register to the City
Council, with a recommendation of approval or other report.
3.16.080 City Council Approval. The register of demands shall be presented to the City
Council at the next meeting thereof. The City Council may by resolution approve, conditionally
or partially approve, or reject such register of demands.
3.16.090 Record of Approved Demands. Following approval of the register of
demands by the City Council, the Mayor and the City Manager shall endorse the register of
audited demands to signify that the demands therein were properly processed prior to any
action taken by the City Council."
4853-1754-5219.1 27
Chapter 3.18
TRANSFER OF TAX FUNCTIONS
Sections:
3.18.010 Assessment and Collection of City Taxes by County.
3.18.010 Assessment and Collection of City Taxes by County. Pursuant to the
authority granted by Section 51501 of the California Government Code, the assessment and tax
collection duties performed by the City Assessor and Tax Administrator are hereby transferred
to the Assessor and Tax Administrator respectively of the County of Riverside
Chapter 3.22
REAL PROPERTY DOCUMENTARY TRANSFER TAX
Sections:
3.22.010 Short title--Adoption.
3.22.020 Imposition--Rates.
3.22.030 Payment.
3.22.040 Tax inapplicable to instruments in writing to secure debts--in lieu of
foreclosure.
3.22.050 Tax inapplicable to instruments in writing to secure debts.
3.22.060 Tax inapplicable to any deed, instrument or other writing which purports
to transfer, divide or allocate property assets between spouses under
judgment of dissolution of marriage, separation or agreement in
contemplation of judgment or order.
3.22.070 Government and its agencies not liable.
3.22.080 Deed, instrument or other writing for conveyance of realty by state or
political subdivision or agency with agreement for purchaser to reconvey.
3.22.090 Deed, instrument or other writing for conveyance by State, political
subdivision or agency of realty financed by obligations issued by nonprofit
corporation. ,
3.22.100 Tax inapplicable to conveyance of make effective plan of reorganization or
adjustment.
3.22.110 Tax inapplicable to make effective order of Securities and Exchange
Commission.
3.22.120 Partnerships.
3.22.130 Inter Vivos Gifts.
3.22.140 Subsequent Amendments to Transfer Tax Exemptions.
3.22.150 Administration.
3.22.160 Claims for Refund.
4853-1754-5219.1 28
3.22.010 Short title--Adoption.
This Chapter shall be known as the "Menifee Real Property Transfer Tax." This Chapter
is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901)of
Division 2 of the California Revenue and Taxation Code.
3.22.020 Imposition--Rates. There is imposed on each deed, instrument or writing by
which any lands, tenements or other realty sold within the City shall be granted, assigned,
transferred or otherwise conveyed to or vested in, the purchaser or purchasers or any other
person or persons, at the direction of such purchaser or purchasers, when the consideration or
value of the interest or property conveyed (exclusive of the value of any lien or encumbrances
remaining thereon at the time of sale) exceeds one hundred dollars ($100.00), a tax at the rate
of twenty-seven and one-half cents ($0.275)for each five hundred dollars ($500.00) of
consideration or value or fractional part thereof.
3.22.030 Payment. Any tax imposed pursuant to Section 3.22.020 of this Chapter shall
be paid by any person who makes, signs or issues any document or instrument subject to the
tax or for whose use or benefit the same is made, signed or issued.
3.22.040 Tax Inapplicable to Instruments In lieu of Foreclosure. Any tax imposed
pursuant to this Chapter shall not apply with respect to any deed, instrument or writing to a
beneficiary or mortgagee, which is taken for the mortgagor or trustor as a result of or in lieu of
foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the
unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt
amount, and identification of the grantee as beneficiary or mortgagee, shall be noted on each
such deed, instrument or writing or stated in the affidavit or declaration under penalty of perjury
for tax purposes.
3.22.050 Tax Inapplicable to Instruments in Writing to Secure Debts. Any tax
imposed pursuant to this Chapter shall not apply to any instrument in writing given to secure a
debt.
3.22.060 Tax Inapplicable to any Deed. Instrument or Other Writing which
Purports to Transfer Divide or Allocate Property Assets between Spouses under
Judgment of Dissolution of Marriage. Separation or Agreement in contemplation of
Judgment or Order.
(a) Any tax imposed pursuant to this Chapter shall not apply with respect to any
deed, instrument or other writing which purports to transfer, divide or allocate community, quasi-
community, quasi-marital property assets between spouses for the purpose of effecting a
division of community, quasi-community or quasi-marital property which is required by judgment
decreeing a dissolution of the marriage or legal separation, by judgment of nullity or by any
other judgment or order rendered pursuant to the California Family Code, or by a written
agreement between the spouses, executed in contemplation of any such judgment or order,
whether or not the written agreement is incorporated as a part of any of those judgments or
orders.
(b) In order to qualify for the exemption provided in Subsection (a) of this Section,
the deed, instrument or other writing shall include a written recital, signed by either spouse,
stating that the deed, instrument or other writing is entitled to the exemption.
4853-1754-5219.1 29
3.22.070 Government and its Agencies not Liable. Any deed, instrument or writing to
which the United States or any agency or territory, or political subdivision thereof, is a party shall
be exempt from any tax imposed pursuant to this Chapter when the exempt agency is acquiring
title.
3.22.080 Deed, Instrument or Other Writing. for Conveyance of Realty by State or
Political Subdivision or Agency with Agreement for Purchaser to Reconvey. Any tax
imposed pursuant to this Chapter shall not apply with respect to any deed, instrument or other
writing by which realty is conveyed by the State, any political subdivision thereof or any agency
or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to
immediately reconvey the realty to the exempt agency.
3.22.090 Deed. Instrument or Other Writing for Conveyance by State, Political
Subdivision or Agency of Realty Financed by Obligations Issued by Nonprofit
Corporation. Any tax imposed pursuant to this Chapter shall not apply with respect to any
deed, instrument or other writing by which the State, any political subdivision thereof or agency
or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition,
construction or improvement of which was financed or refinanced by obligations issued by the
nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1 (b)
of Title 26 of the Code of Federal Regulations.
3.22.100 Tax Inapplicable to Conveyances to Make Effective Plan of
Reorganization or Adjustment.
(a) Any tax imposed pursuant to this Chapter shall not apply to the making,
delivering or filing of conveyances to make effective any plan of reorganization or adjustment:
1. Confirmed under the Federal Bankruptcy Act, as amended;
2. Approved in an equity receivership proceeding in a court involving a
railroad corporation, as defined in Title 11 of the United States Code, as amended;
3. Approved in an equity receivership proceeding in a court involving a
corporation as defined in Title 11 of the United States Code, as amended; or
4. Whereby a mere change in identity, form or place of organization
is effected.
(b) Subsection (a) of this Section shall apply only if the making, delivery or filing of
instruments of transfer or conveyances occurs within five years from the date of such
confirmation, approval or change.
3.22.110 Tax Inapplicable to Make Effective Order of Securities and Exchange
Commission. Any tax imposed pursuant to this Chapter shall not apply to the making or
delivery of conveyances to make effective any order of the Securities and Exchange
Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of
1954; but only if:
(a) The order of the Securities and Exchange Commission in obedience to which
such conveyance is made recites that such conveyance is necessary or appropriate to
4853-1754-5219.1 30
effectuate the provisions Section 79k of Title 15 of the United States Code, relating to the Public
Utility Holding Company Act of 1935;
(b) Such order specifies the property which is ordered to be conveyed;
(c) Such conveyance is made in obedience to such order.
3.22.120 Partnerships
(a) In the case of any realty held by a partnership or other entity treated as a
partnership for federal income tax purposes, no levy shall be imposed pursuant to this Chapter
by reason of any transfer of an interest in a partnership or other entity or otherwise, if both of the
following occur:
1. Such partnership or other entity treated as a partnership is considered a
continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986;
and
2. Such continuing partnership or other entity treated as a partnership
continues to hold the realty concerned.
(b) If there is a termination of any partnership or other entity treated as a partnership
for federal income tax purposes, within the meaning of Section 708 of the Internal Revenue
Code of 1986, for purposes of this Chapter, the partnership or other entity shall be treated as
having executed an instrument whereby there was conveyed, for fair market value (exclusive of
the value of any lien or encumbrance remaining thereon), all realty held by the partnership or
other entity at the time of the termination.
(c) Not more than one tax shall be imposed pursuant to this Chapter by reason of a
termination described in Subsection (b), and any transfer pursuant thereto, with respect to the
realty held by a partnership or other entity treated as a partnership at the time of the termination.
(d) No levy shall be imposed pursuant to this Chapter by reason of any transfer
between an individual or individuals and a legal entity or between legal entities that results
solely in a change in the method of holding title to the realty and in which proportional ownership
interests in the realty, whether represented by stock, membership interest, partnership interest,
cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the
transfer.
3.22.130 Inter Vivos Gifts. Any tax imposed pursuant to this Chapter shall not apply to
any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide,
allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter
vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests
therein are transferred outright to, or in trust for the benefit of, any person or entity.
3.22.140 Subsequent Amendments to Transfer Tax Exemptions. All subsequent
amendments to Chapter 3 (commencing with Section 11921) of Part 6.7 of Division 2 of the
California Revenue and Taxation Code shall automatically become part of this Chapter and be
deemed incorporated by reference.
4853-1754-5219.1 31
3.22.150 Administration. The County Recorder shall administer this Chapter in
conformity with the provisions of Part 6.7 of Division 2 of the California Revenue and Taxation
Code and the provision of any County ordinance adopted pursuant thereto.
3 22.160 Claims for Refund. Claims for refund of taxes imposed pursuant to this
Chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096 of
Part 9 of Division 1) of the California Revenue and Taxation Code.
Chapter 3.28
Transient Occupancy Tax
Section
3.28.010 Short title.
3.28.020 Definitions.
3.28.030 Tax imposed.
3.28.040 Exemptions.
3.28.050 Operator's duties.
3.28.060 Registration.
3.28.070 Returns and remittances.
3.28.080 Reporting and remitting.
3.28.090 Cessation of business.
3.28.100 Delinquency.
3.28.110 Fraud.
3.28.110 Failure to collect and report tax-Determination of Tax Administrator.
3.28.130 Appeal.
3.28.140 Records.
3.28.150 Refunds.
3.28.160 Revocation of permit.
3.28.170 Closure of hotel without permit.
3.28.180 Recording certificate—Lien.
3.28.190 Priority and lien of tax.
3.28.200 Warrant for collection of tax.
3.28.210 Seizure and sale.
3.28.220 Successor's liability—Withholding by purchase.
3.28.230 Liability of purchaser—Release.
3.28.240 Responsibility for payment.
3.28.250 Withhold notice.
3.28.260 Violations—Misdemeanor.
3.28.270 Extension of time.
3.28.280 Divulging of information forbidden.
3.28.290 Agreement with County.
3.28.010 Short title.
The short title of this Chapter shall be "transient occupancy tax."
3.28.020 Definitions.
The following words and phrases shall, for the purposes of this Chapter, be defined as
follows, unless it is clearly apparent from the context that another meaning is intended.
4853-1754-5219.1 32
(a) "Hotel" means any structure, or any portion of any structure, which is occupied or
intended or-designed for use or occupancy by transients, including but not limited to dwelling,
lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, public
campsite or recreational vehicle site, studio hotel, bachelor hotel, lodging house, rooming
house, apartment house, time-share project or facility offered for public use, dormitory, public or
private club, mobile home or house trailer at a fixed located, or other similar structure or portion
thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other
individually owned single-family dwelling house unit rented only occasionally (infrequently) and
incidentally to the normal occupancy by the owner or his family; provided that the burden of
establishing that the housing or facility is a hotel as defined herein shall be upon the owner or
operator thereof who shall file with the Tax Administrator such information as the Tax
Administrator may require, to establish and maintain such status.
(b) "Occupancy" means the use or possession, or the right or entitlement to the use
or possession, of any hotel, room, rooms or any portion thereof offered for rent to be used or
occupied for dwelling, lodging or sleeping purposes regardless of the purpose for which such
rooms are rented or provided.
(c) "Operator" means the person who is proprietor of the hotel whether in the
capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or in any other
capacity. Where the operator performs his or its functions through a managing agent of any
type or character, the managing agent shall also be deemed an operator for the purpose of this
Chapter, and shall have jointly and severally the same duties and liabilities as the principal.
Compliance with the provisions of this Chapter by either the principal or the managing agent
shall, however, be considered to be compliance by both.
(d) "Person" means any individual, firm, partnership,joint venture, association, social
club, fraternal organization,joint stock company, corporation, estate, trust, business trust,
receiver, trustee, syndicate, or any other group or combination acting as a unit.
(e) "Rent" means the amount of the consideration charged or chargeable to the
tenant or person entitled to occupancy, for the occupancy of space, valued in money whether
received in money, goods, labor or otherwise, including the full value of receipts, cash, credits,
property or services of any kind or nature, without any deduction whatsoever. "Rent" may have
been, or may be in part, payable or paid prior to or following (in whole or in part)the occupancy
to which it is attributable, and may have been paid in whole or in part in advance on a long-term
basis, such as in a time-share project or similar arrangement. It is not the intent of this
Subsection to make the operator liable for the tax on uncollected rent. However, uncollected
rent must be reported.
(f) "Tax Administrator' means the City Manager or his designated agent, whether a
City employee or County officer or employee.
(g) "Transient" means any person who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license, or other agreement of
whatever nature, for a period of 30 consecutive calendar days or less, counting portions of
calendar days as full days. Any person so occupying space in a hotel shall be deemed to be a
transient if his actual total period of occupancy does not exceed 30 days, unless there is a
written agreement between the operator and occupant providing for a longer period of
occupancy. Unless days of occupancy or entitlement to occupancy by one person are
4853-1754-5219.1 33
consecutive without any break, then prior to subsequent periods of such occupancy or
entitlement to occupancy shall not be counted when determining whether a period exceeds the
stated 30 calendar days.
3.28.030 Tax imposed.
For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a
tax in the amount of 10% of the rent charged by the operator or otherwise payable by the
transient. Insofar as the transient is concerned, said tax constitutes a debt owed by the
transient to the operator or to the City. If the rent is paid in installments, a proportionate share
of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's
ceasing to occupy space in the hotel. If the tax is not paid to the hotel operator, the Tax
Administrator may require payment directly to him.
3.28.040 Exemptions.
No tax shall be imposed upon any officer or employee of a foreign government who is
exempt by reason of express provision of federal law or international treaty. No exemptions
shall be granted except upon written claim therefore made under penalty of perjury at the time
the rent is paid, upon a form prescribed by the Tax Administrator. Federal, State and local
officers and employees are not exempt.
3.28.050 Operator's duties.
Each operator shall collect the tax imposed by this Chapter to the same extent and at
the same time as the rent is collected from every transient. The amount of the tax shall be
separately stated from the amount of the rent charged, and each transient shall receive a
receipt of payment from the operator. No operator of a hotel shall advertise or state in any
manner, whether directly or indirectly, that the tax or any part thereof will be assumed or
absorbed by the operator; or that it will not be added to the rent; or that, if added, any part will
be refunded except in the manner hereinafter provided.
3.28.060 Registration.
(a) Within 30 days after commencing business or by January 1, 1991, every person
desiring to engage in or conduct business as operator of a hotel renting to transients within the
City shall file with the Tax Administrator an application for a transient occupancy registration
permit for each place of business. Every application for such a permit shall be made upon a
form prescribed by the Tax Administrator and shall set forth the name under which the applicant
transacts or intends to transact business, the location of his place of business and such other
information as the Tax Administrator may require. The application shall be signed by the owner
if a natural person, if a member or partner, if an association or partnership, by an executive
officer or some person specifically authorized by the corporation to sign the application in the
case of a corporation. The transient occupancy registration permit must be in effect at all times
while the business is in operation and shall be at all times posted in a conspicuous place on the
premises. Said permit shall, among other things, state the following:
(1) Name of hotel;
(2) Name of operator;
4853-1754-5219.1 34
(3) Hotel address;
(4) The date upon which the permit was issued; and
(5) "This Transient Occupancy Registration Permit signifies that the person
named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax
Chapter by registering with the Tax Administrator for the purpose of collecting from transients
the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This Permit does
not authorize any person to conduct any unlawful business in an unlawful manner, nor operate a
hotel without strictly complying with all applicable laws, including but not limited to those
requiring a permit from any board, commission, department or office of this City. This Permit
does not apply in lieu of such other permits which are otherwise required."
(b) At the time of making an application for a registration permit, the applicant shall
pay a registration fee in an amount determined by the Council for each permit issued.
3.28.070 Returns and remittances.
The tax imposed under Section 3.28.030 is:
(a) Due to the Tax Administrator at the time it is collected by the operator; and
(b) Becomes delinquent and subject to penalties if not received by the Tax
Administrator on or before the last working day of the month following the close of each
calendar month.
3.28.080 Reporting and remitting.
Each operator shall, on or about the last working day of the month following the close of
each calendar month, file a return with the Tax Administrator on the forms provided by him, of
the total rents charged or chargeable as provided in Section 3.28.030, whether or not received,
including any rentals charged for occupancies exempt under the provisions of Section 3.28.040
and the amount of tax collected for transient occupancies. Each such return shall contain a
declaration under penalty of perjury, executed by the operator or his authorized agent, that to
the best of the signator's knowledge, the statements in the return are true, correct and
complete. Amounts claimed on the return as exempt from the tax pursuant to Sections 3.28.040
and 3.28.150 shall be fully itemized and explained on the return or supporting schedule. In
determining the amount of"taxable receipts" on the tax return, "rent" as defined in Section
3.28.020(5), may not be reduced by any business expenses including but not limited to the
amount of service charges deducted by credit card companies or commissions paid to travel
agencies. At the time the return is filed, the tax fixed at the prevailing transient occupancy tax
rate for the amount of rentals charged or chargeable, which are not exempt from tax under
Section 3.28.040 shall be remitted to the Tax Administrator. The Tax Administrator may
establish other reporting periods and may require a cash deposit or bond or a separate trust
fund bank account for any permit holder if he deems it necessary in order to insure collection of
the tax and he may require further information in the return. All taxes collected by operators
pursuant to this Chapter shall be held in trust for the account of the City until remittance thereof
is made to the Tax Administrator.
4853-1754-5219.1 35
3.28.090 Cessation of business.
Each operator shall notify the Tax Administrator, ten days prior to the sale or cessation
of business for any reason and returns and remittances are due immediately upon the sale or
cessation of business.
3.28.100 Delinquency.
Any operator who fails to remit any tax to the City or any amount of tax required to be
collected and remitted to the City including amounts based on determination made by the Tax
Administrator under Section 3.28.120, within the time required, shall pay a penalty of 10% of the
amount of the tax in addition to the amount of tax, plus interest at the rate of 0.5% per month, or
fraction thereof, from the date on which the tax or the amount of tax required to be collected
becomes delinquent until the date of remittance or payment. Any operator who fails to pay any
penalty imposed under this Section within ten days after receipt of notice thereof shall pay
interest thereon at the rate of 0.5% per month, or fraction thereof from the date on which the
penalty becomes due and payable to the City until the date of payment.
3.28.110 Fraud.
If the Tax Administrator determines that the failure to make any remittance or payment
due under this Chapter is due to fraud, a penalty of 100% of the amount of the tax and penalties
shall be added thereto in addition to the penalties stated in Section 3.28.100.
3.28.120 Failure to collect and report tax-Determination of Tax Administrator.
If any operator fails or refuses to collect said tax and to make, within the time provided in
this Chapter, any report and remittance of said tax or any portion thereof required by this
Chapter, the Tax Administrator shall proceed in such manner as he may deem best to obtain
facts and information on which to base his estimate on the tax due. As soon as the Tax
Administrator procures such facts and information as he is able to obtain upon which to base
the assessment of any tax imposed by the Chapter payable by any operator who has failed or
refused to collect the same and make such report and remittance, he shall proceed to determine
and assess against such operator the tax, interest and penalties provided for by this Chapter. In
case such determination is made, the Tax Administrator shall give a notice of the amount so
assessed by serving it personally or by depositing it in the United States mail, postage
prepared, addressed to the operator so assessed at his last known address. Such operator
may within ten days after the serving or mailing of such notice make application in writing to the
Tax Administrator for a hearing on the amount assessed. If application by the operator for a
hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined
by the Tax Administrator shall become final and conclusive and immediately due and payable.
If such application is made, the Tax Administrator shall give not less than five days written
notice in the manner prescribed herein to the operator to show cause at a time and place fixed
in said notice why said amount specified therein should not be fixed for such tax, interest and
penalties. At such hearing, the operator may appear and offer evidence why such specified tax,
interest and penalties should not be so fixed. After such hearing, the Tax Administrator shall
determine the proper tax to be remitted and shall thereafter give written notice to the person in
the manner prescribed herein of the determination and the amount of such tax, interest and
penalties. The amount determined to be due shall be payable within fifteen days unless an
appeal is taken as provided in Section 3.28.130.
4853-1754-5219.1 36
3.28.130 Appeal.
Any operator aggrieved by any decision of the Tax Administrator with respect to the
amount of any tax, interest and penalties, if any, may appeal to the City Council by filing a notice
of appeal with the City Clerk within 15 days of serving of the assessment or determination of tax
and penalties, if any, due. The City Council shall fix a time and place for hearing the appeal,
and the City Clerk shall give notice in writing to the operator at his last known address. The
findings of the City Council shall be final and conclusive and shall be served upon the appellant
in the manner prescribed above for service of notice of hearing. Any amount found to be due
shall be immediately due and payable upon the service of notice.
3.28.140 Records.
It shall be the duty of every operator liable for the collection and remittance to the City of
any tax imposed by this Chapter to keep and preserve, in the City, for a period of three years,
records in such form as the Tax Administrator may require to determine the amount of such tax.
The Tax Administrator shall have the right to inspect such records at all reasonable times and
may subpoena the records of any operator who refuses to make them available for examination.
3.28.150 Refunds.
(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid
more than once or has been erroneously or illegally collected or received by the City under this
Chapter, it may be refunded as provided in Subsections (b) and (c) of this Section, provided a
claim in writing therefore, stating under penalty of perjury the specified grounds upon which the
claim is founded, is filed with the Tax Administrator within three years of the date of payment.
The claims shall be on forms furnished by the Tax Administrator.
(b) An operator may claim a refund or take as credit against taxes collected and
remitted the amount overpaid, paid more than once or erroneously or illegally collected or
received when it is established in a manner prescribed by the Tax Administrator that the person
from whom the tax has been collected was not a transient; provided, however, that neither a
refund nor a credit shall be allowed unless the amount of the tax so collected has either been
refunded to the person or credited to rent subsequently payable by the person to the operator.
(c) A transient may obtain a refund of taxes overpaid or paid more than once
erroneously or illegally collected or received by the City by filing a claim in the manner provided
in Subsection (a) of this Section, but only when the tax was paid by the transient directly to the
Tax Administrator, or when the transient having paid the tax to the operator, establishes to the
satisfaction of the Tax Admipistrator that the transient has been unable to obtain a refund from
the operator who collected the Tax.
(d) No refund shall be paid under the provisions of this Section unless the claimant
establishes his right thereto by written records.
3.28.160 Revocation of permit.
Whenever any operator fails to comply with any provision of this Chapter relating to
occupancy tax or any rule or regulation of the Tax Administrator relating to occupancy tax
prescribed and adopted under this Chapter, the Tax Administrator upon hearing, after giving the
operator ten days' notice in writing specifying the time and place of hearing and requiring him to
4853-1754-5219.1 37
show cause why his permit or permits should not be revoked, may suspend or revoke any one
or more of the permits held by the operator. The Tax Administrator shall give to the operator
written notice of the suspension or revocation of any of his permits. The notices herein required
may be served personally or by mail in the manner prescribed or service of notice of a
deficiency determination. The Tax Administrator shall not issue a new permit after the
revocation of a permit unless he is satisfied that the former holder of the permit will comply with
the provisions of this Chapter relating to the occupancy tax and regulations of the Tax
Administrator.
3.28.170 Closure of hotel without permit.
During any period of time during which a permit has not been issued, or is suspended,
revoked or otherwise not validly in effect, the Tax Administrator may require that the hotel be
closed.
3.28.180 Recording certificate-Lien.
If any amount required to be remitted or paid to the City under this Chapter is not
remitted or paid when due, the Tax Administrator may, within three years after the amount is
due, file for record in the office of the County of Riverside Recorder a certificate specifying the
amount of tax, penalties and interest due, the name and address as it appears on the records of
the Tax Administrator of the operator liable for the same, and the fact that the Tax Administrator
has complied with all provisions of this Chapter in the determination of the amount required to
be remitted and paid. From the time of the filing for record, the amount required to be remitted
together with penalties and interest shall constitute a lien upon all real property in the County
owned by the operator or afterwards and before the lien expires acquired by him. The lien has
the force, effect and priority of a judgment lien and shall continue for ten years from the time of
filing of the certificate unless sooner released or otherwise discharged.
3.28.190 Priority and lien of tax.
(a) The amounts required to be remitted and/or paid by any operator under this
Chapter with penalties and interest shall be satisfied first in any of the following cases:
(1) Whenever the person is insolvent;
(2) Whenever the person makes a voluntary assignment of his assets;
(3) Whenever the estate of the person in the hands of executors,
administrators, or heirs is insufficient to pay all the debts due from the deceased;
(4) Whenever the estate and effects of an absconding, concealed or absent
person required to pay any amount under this Chapter are levied upon by process law. This
Chapter does not give the City a preference over any recorded lien which attached prior to the
date when the amounts required to be paid became a lien.
(b) The preference given to the City by this Section shall be subordinate to the
preferences given to claims for personal services by Sections 1204 and 1206 of the Code of
Civil Procedure.
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3.28.200 Warrant for collection of tax.
At any time within three years after any operator is delinquent in the remittance or
payment of any amount herein required to be remitted or paid or within three years after the last
recording of a certificate under Section 3.28.160, the Tax Administrator may issue a warrant for
the enforcement of any liens and for the collection of any amount required to be paid to the City
under this Chapter. The warrant shall be directed to any sheriff, marshal, or constable and shall
have the same effect as a writ of execution. The warrant shall be levied and sale made
pursuant to it in the same manner with the same effect as a levy of and a sale pursuant to a writ
of execution. The Tax Administrator may pay or advance to the sheriff, marshal, or constable
the same fees, commissions and expenses for his services as are provided by law for similar
services pursuant to a writ of execution. The Tax Administrator, and not the court, shall approve
the fees for publication in a newspaper.
3.28.210 Seizure and sale.
At any time within three years after any operator is delinquent in the remittance or
payment of any amount, the Tax Administrator may forthwith collect the amount in the following
manner. The Tax Administrator shall seize any property, real or personal, of the operator and
sell the property, or a sufficient part of it, at public auction to pay the amount due together with
any penalties and interest imposed for the delinquency and any costs incurred on account of the
seizure and sale. Any seizure made to collect occupancy taxes due shall be only of property of
the operator not exempt from execution under the provisions of the Code of Civil Procedure.
3.28.220 Successor's liability-Withholding by purchase.
If any operator liable for any amount under this Chapter sells out his business or quits
the business, his successor or assigns shall withhold sufficient of the purchase price to cover
such amount until the former owner produces a receipt from the Tax Administrator showing that
it has been paid or a certificate stating that no amount is due.
3.28.230 Liability of purchaser-Release.
If the purchaser of a hotel fails to withhold purchase price as required, he shall become
personally liable for the payment of the amount required to be withheld by him to the extent of
the purchase price, valued in money. Within 60 days after receiving a written request from the
purchaser for a certificate, or within 60 days from the date the former owner's records are made
available for audit, whichever period expires the later, but in any event not later than 90 days
after receiving the request, the Tax Administrator shall either issue the certificate or mail notice
to the purchaser at his address as it appears on the records of the Tax Administrator of the
amount that must be paid as a condition of issuing the certificate. Failure of the Tax
Administrator to mail the notice will release the purchaser from any further obligation to withhold
purchase price as above provided. The time within which the obligation of the successor may
be enforced shall start to run at the time the operator sells his business or at the time that the
determination against the operator becomes final, whichever event occurs the later.
3.28.240 Responsibility for payment.
Any tax required to be paid by any transient under the provisions of this Chapter shall be
deemed a debt owed by the transient to the City. Any such tax collected by an operator which
has not been remitted to the City is a fiduciary obligation of the operator to the City and
4853-1754-5219.1 39
collectible in the same manner as a debt. Any person owing money to the City under the
provisions of this Chapter shall be liable to an action brought in the name of the City of Canyon
Lake for the recovery of such amount.
3.28.250 Withheld notice.
If any person or operator is delinquent in the remittance or payment of the amount
required to be remitted or paid by him or in the event a determination has been made against
him for the remittance of tax and payment of the penalty, the City may, within three years after
the tax obligation became due, give notice thereof personally or by registered mail to all
persons, including the State or any political subdivision thereof, having in their possession or
under their control any credits or other personal property belonging to the taxpayer. After
receiving the withholding notice, the person so notified shall make no disposition of the
taxpayer's credits, other personal property or debts until the City consents to a transfer or
disposition or until 60 days elapse after the receipt of the notice, whichever expires earlier. All
persons, upon receipt of said notice, shall advise the city immediately of all such credits, other
personal property or debts in their possession, under their control or owing by them. If such
notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or
personal property in the possession or under the control of the bank, to be effective the notice
shall be delivered or mailed to the branch or office of such bank at which such deposit is carried
or at which such credits or personal property is held. If any person so notified makes transfer or
disposition of the property or debts required to be held hereunder during the effective period of
the notice to withhold, he shall be liable to the City to the extent of the value of the release up to
the amount of the indebtedness owed by the taxpayer to the City.
3.28.260 Violations—Misdemeanor.
(a) Except for failure of an operator to pay to the Tax Administrator taxes collected
under this Chapter which is punishable as a felony pursuant to Section 424 of the Penal Code,
every violation of this Chapter is a misdemeanor and punishable by a fine not exceeding $500
or imprisonment in the County jail for not more than six months or by both such fine and
imprisonment.
(b) If such offense is not otherwise punishable as mentioned in (a) above, any
person willfully failing to comply with, or knowingly violating, any of the provisions of this
Chapter shall be guilty of a misdemeanor.
(c) Any operator or other person who willfully fails or refuses to register as required
herein, or to furnish any return required to be made, or who fails or refuses to furnish a
supplemental return or other data required by the Tax Administrator, or who renders a false or
fraudulent return or claim is guilty of a misdemeanor. Any person required to make, render, sign
or verify any report or claim who willfully makes any false or fraudulent report or claim with intent
to defeat or evade the determination of any amount due required by this Chapter to be made, is
guilty of a misdemeanor.
3.28.270 Extension of time.
The Tax Administrator, for good cause, may extend for not to exceed one month the
time for making any return or paying any amount required to be paid under this Chapter. The
extension may be granted at any time, provided a request therefore is filed with the Tax
Administrator within or prior to the period for which the extension may be granted. Any person
4853-1754-5219.1 40
to whom an extension is granted shall pay, in addition to the tax, interest at the rate of one
percent per month or fraction thereof, from the date on which the tax would have been due
without the extension until the date of payment.
3.28.280 Divulging of information forbidden.
It is unlawful for any person having an administrative duty under this Chapter to make
known in any manner whatever the business affairs, operations, or information obtained by an
investigation of the records of any operator or any other person visited or examined in the
discharge of official duty, or the amount or source of income, profits, losses, expenditures, or
any particular thereof, set forth or disclosed in any return, or to knowingly permit any return or
copy thereof or any abstract or particulars thereof to be seen or examined by any person.
Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly
interested, may be given information as to the items included in the amounts of any unpaid tax
or amounts of tax, penalties and interest required to be collected.
3.28.290 Agreement with County.
The City is empowered to enter into a joint powers agreement with other cities and the
County of Riverside, and if such agreement or agreements can be made wherein central
collection for the County of Riverside is provided, then it shall be done upon approval by the City
Council.
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