194 ORDINANCE NO. 2000- 194
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE ADDING CHAPTERS 1.05 AND 1.06 AND
AMENDING CHAPTER 1.16 OF THE GRAND TERRACE
MUNICIPAL CODE PERTAINING TO AN
ADMINISTRATIVE CITATION PROGRAM
NOW THEREFORE, the City Council of the City of Grand Terrace, California,
HEREBY ORDAINS as follows:
SECTION 1: City Council of the City of Grand Terrace hereby ordains that Section 1.04
of the Grand Terrace Municipal Code is hereby amended to read as follows:
1.16 General Penalties.
The City Council of the City of Grand Terrace intends to secure compliance with the
provisions of this Code. To the extent that such compliance may be achieved by less drastic
methods of enforcement the following alternate, separate and distinct methods may be utilized.
Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent
or consecutive methods being used to achieve compliance against continuing violations. Each and
every day any such violations exist constitutes a separate offense. Notwithstanding any other
provision of this Code, each violation of the provisions of this Code may be enforced alternatively
as follows:
A. Infraction. Any person violating any of the provisions or failing to comply with any
of the mandatory requirements of this Code may be prosecuted for an infraction.Written citations
for infractions may be issued by police officers or non-safety employees designated by Grand
Terrace Municipal Code Section 1.06.020. Any person convicted of an infraction under the
provisions of this Code shall be punishable either by fines as is specified in the currently adopted
Uniform Infraction Bail Schedule used by the San Bernardino Consolidated Municipal/Superior
Courts, or where no fine is specified therein by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the
same ordinance within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation
of the same ordinance within one year.
1
een(15) days of its adoption, as designated for such purpose by
the city Council.
Section 4: First read at a regular meeting of the City Council of said city held on the 11th day
of May 2000 and finally adopted and ordered posted at a regular meeting of said
City Council on the 25th of May 2000.
ATTEST:
/27,.
(o/ 4jj
City Clerk of the City of rand Terrace Ma r of the city of Grand Terrace and
and of the City Council thereof. of the City Council thereof.
th all applicable
information completed. This information must include the number and type of
Sheriff units used to control the disturbance. The City will, when approved for
implementation, bill the responsible party or parties, for costs of providing the
special security assignment, plus an additional twenty-five percent(25%) of the
actual costs for administrative overhead to process the bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
B. Misdemeanor. Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written
citations for misdemeanors may be issued by police officers or by non-safety employees designated
by Grand Terrace Municipal Code Section 1.06.020 or by applicable California Statute. Any
person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine
not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six
months, or by both such fine and imprisonment.
C. Civil Action. The City Attorney, by and at the request of the City Council, may
institute an action in any court of competent jurisdiction to restrain, enjoin or abate the
condition(s) found to be in violation of the provisions of this Code, as provided by law.
D. Administrative Citation. Upon a fording by the city official vested with the
authority to enforce the various provisions of this Code that a violation exists, he or she may issue
an Administrative Citation under the provisions of Chapter 1.05.
NOWTHEREFORE, the City Council of the City of Grand Terrace, California,
HEREBY ORDAINS as follows:
SECTION 2: Chapter 1.05 of the Grand Terrace Municipal Code is hereby added to Title
1 to read as follows:
CHAPTER 1.05
ADMINISTRATION CITATIONS
Sections:
1.05.010 Legislative Findings and Statement of Purpose
1.05.020 Definitions
1.05.030 Authority
1.05.040 Service Procedures
1.05.050 Contents of Notice
1.05.060 Satisfaction of Administrative Citation
1.05.070 Appeal of Administrative Citation
1.05.080 Hearing Officer
1.05.090 Hearing Procedure
1.05.100 Hearing Officer's Decision
1.05.110 Failure to Pay Fines
1.05.120 Right to Judicial Review
1.05.130 Notices
2
100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the
same ordinance within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation
of the same ordinance within one year.
1
een(15) days of its adoption, as designated for such purpose by
the city Council.
Section 4: First read at a regular meeting of the City Council of said city held on the 11th day
of May 2000 and finally adopted and ordered posted at a regular meeting of said
City Council on the 25th of May 2000.
ATTEST:
/27,.
(o/ 4jj
City Clerk of the City of rand Terrace Ma r of the city of Grand Terrace and
and of the City Council thereof. of the City Council thereof.
th all applicable
information completed. This information must include the number and type of
Sheriff units used to control the disturbance. The City will, when approved for
implementation, bill the responsible party or parties, for costs of providing the
special security assignment, plus an additional twenty-five percent(25%) of the
actual costs for administrative overhead to process the bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
1.05.010 Legislative Findings and Statement of Purpose
A. The City Council hereby finds that there is a need for an alternative method of
enforcement for minor violations of the Municipal Code and applicable State Codes. The City
Council further fords that an appropriate method of enforcement for minor violations is an
Administrative Citation Program as authorized by Government Code Section 53069.4.
B. The procedures established in this Chapter shall be in addition to criminal, civil or
any other legal remedy established by law which may be pursued to address violations of the
Municipal Code or applicable State Codes.
C. The City Council hereby fords and determines that enforcement of the Grand
Terrace Municipal Code, other ordinances adopted by the City, conditions on entitlements and
terms and conditions of City Agreements are matters of local concern and serve important public
purposes. Consistent with its powers as a General Law City, the City of Grand Terrace adopts
this Administrative Citation Program provision in order to achieve the following goals:
(1) To protect the public health, safety and welfare of the citizens of the City of Grand
Terrace;
(2) To gain compliance with the Municipal Code and State Codes, Ordinances and
regulations in a timely and efficient manner;
(3) To provide for an administrative process to appeal the imposition of Administrative
Citations and fines;
(4) To provide a method to hold parties responsible when they fail or refuse to comply
with the provisions of the Municipal Code, Ordinances, Agreements or terms and conditions on
entitlements in the City of Grand Terrace;
(5) To minimize the expense and delay where the sole remedy is to pursue responsible
parties in the civil or criminal justice system.
D. Use of this Chapter shall be at the sole discretion of the City.
1.05.020 Definitions
A. Responsible Person shall mean any individual who is the owner or occupant of real
property, owner or authorized agent of any business, company, or entity, or the parent or the legal
guardian of any person under the age of eighteen(18) years, who causes or maintains a violation
of the Grand Terrace Municipal Code or applicable State Code.
3
Section 4: First read at a regular meeting of the City Council of said city held on the 11th day
of May 2000 and finally adopted and ordered posted at a regular meeting of said
City Council on the 25th of May 2000.
ATTEST:
/27,.
(o/ 4jj
City Clerk of the City of rand Terrace Ma r of the city of Grand Terrace and
and of the City Council thereof. of the City Council thereof.
th all applicable
information completed. This information must include the number and type of
Sheriff units used to control the disturbance. The City will, when approved for
implementation, bill the responsible party or parties, for costs of providing the
special security assignment, plus an additional twenty-five percent(25%) of the
actual costs for administrative overhead to process the bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
' .` • C : __ ,i ‘ • i 1 \ 1
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
B. Enforcement Officer shall mean any officer or employee with the authority to
enforce the Grand Terrace Municipal Code, whether employed by the City or by contractual
agreement, or applicable State Codes, as provided in Section 1.06.020.
1.05.030 Authority
A. Any person violating any provision of the Grand Terrace Municipal Code or
applicable State Code may be issued an Administrative Citation by an Enforcement Officer as
provided in this Chapter. A violation of this Code includes, but is not limited to, all violations
of the Municipal Code, the Uniform Codes adopted by the City Council, failing to comply with
any condition imposed by any entitlement, permit, agreement or environmental document issued
or approved under the provisions of this Code.
B. Each and every day a violation of the Municipal Code or applicable State Code
exists constitutes a separate and distinct offense.
C. A civil fine shall be assessed by means of an Administrative Citation issued by the
Enforcement Officer and shall be payable directly to the City of Grand Terrace.
D. Fines shall be assessed in the amounts specified in this Chapter, as adopted by the
City Council, as:
A fine not exceeding one hundred dollars ($100.00) for a first violation;
A fine not exceeding two hundred dollars ($200.00) for a second violation of the same
ordinance or permit within one year from the date of the first violation;
_ A fine not exceeding five hundred dollars ($500.00) for each additional violation of the
same ordinance or permit within one year from the date of the first violation.
E. Fines collected resulting from enforcement of Grand Terrace Municipal Code
Administrative Citation violations will be placed in the General Fund and used solely for the
purpose of the code enforcement program in order to insure and maintain the character and well
being of the City of Grand Terrace.
1.05.040 Service Procedures
A. An Administrative Citation on a form approved by the City Manager or Police
Chief may be issued to the responsible person by an Enforcement Officer for violations of the
Municipal Code or applicable State Code in the following manner:
(1) Personal Service. In any case where an Administrative Citation is issued:
i. The Enforcement Officer shall attempt to locate and personally serve the
responsible person and obtain the signature of the responsible person on the
Administrative Citation.
4
25th of May 2000.
ATTEST:
/27,.
(o/ 4jj
City Clerk of the City of rand Terrace Ma r of the city of Grand Terrace and
and of the City Council thereof. of the City Council thereof.
th all applicable
information completed. This information must include the number and type of
Sheriff units used to control the disturbance. The City will, when approved for
implementation, bill the responsible party or parties, for costs of providing the
special security assignment, plus an additional twenty-five percent(25%) of the
actual costs for administrative overhead to process the bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
' .` • C : __ ,i ‘ • i 1 \ 1
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
ii. If the responsible person served refuses or fails to sign the Administrative
Citation, the failure or refusal to sign shall not affect the validity of the
Administrative Citation or of subsequent proceedings.
B. Service of Citation by Mail. ''If the Enforcement Officer is unable to locate the
responsible person, the Administrative Citation shall be mailed to the responsible person by
certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may
be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then
service shall be deemed effective pursuant to first class mail, provided the citation sent by first
class mail is not returned; or,
C. Service by Citation by Posting Notice. If the Enforcement Officer does not succeed
in personally serving the responsible person, or by certified mail or regular mail, the Enforcement
Officer shall post the Administrative Citation on any real property within the City in which the
City has knowledge that the responsible person has a legal interest, and such posting shall be
deemed effective service.
1.05.050 Contents of Notice
A. Each Administrative Citation shall contain the following information:
(1) Date, approximate time, and address or definite description of the location where
the violation(s) was observed;
(2) The Code sections or conditions violated and a description of the violation(s);
(3) An order to the responsible person to correct the violations within the time
specified, and an explanation of the consequences of failure to correct the violation(s);
(4) The amount of the fine for the violation(s);
(5) An explanation of how the fine shall be paid and the time period by which it shall
be paid;
(6) Identification of rights of appeal, including the time within which the Citation may
be contested and the place to send a written request for a hearing, to contest the Administrative
Citation; and
(7) The name and signature of the Enforcement Officer and if possible the signature
of the responsible person.
1.05.060 Satisfaction of Administrative Citation
A. Upon receipt of a Citation, the responsible person must do the following:
5
ment Officer shall attempt to locate and personally serve the
responsible person and obtain the signature of the responsible person on the
Administrative Citation.
4
25th of May 2000.
ATTEST:
/27,.
(o/ 4jj
City Clerk of the City of rand Terrace Ma r of the city of Grand Terrace and
and of the City Council thereof. of the City Council thereof.
th all applicable
information completed. This information must include the number and type of
Sheriff units used to control the disturbance. The City will, when approved for
implementation, bill the responsible party or parties, for costs of providing the
special security assignment, plus an additional twenty-five percent(25%) of the
actual costs for administrative overhead to process the bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
' .` • C : __ ,i ‘ • i 1 \ 1
? : /
I 1 II, • i : / )) '...::' -.,: ..;) ic'—' ,..,-..„• ; •-••••
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
(1) Pay the fine to the designated collector of the fine(s)as noted on the citation, within
fifteen(15) days from the date of issuance of the Administrative Citation. All fines assessed shall
be payable to the City of Grand Terrace. Payment of a fine shall not excuse or discharge the
failure to correct the violation(s) nor shall it bar further enforcement action by the City.
(2) Remedy the violation(s), if the violation(s) is of such a nature that it can be
remedied. If the responsible person fails to correct the violation(s), subsequent Administrative
Citations may be issued for the same violation(s). The amount of the fine for failure to correct
the violation shall increase at a rate specified in this Chapter or by Ordinance.
1.05.070 Appeal of Administrative Citation
A. Any recipient of an Administrative Citation may contest that there was a violation
of the Grand Terrace Municipal Code, or that he or she is the responsible person, by submitting
a written request for a hearing, and returning it to the designated collector as noted on the citation,
within fifteen(15) days from the date of the issuance of the Administration Citation, together with
an advanced deposit of the fine. Any Administrative Citation fine which has been deposited shall
be refunded if it is determined, after a hearing, that the person charged in the Administrative
Citation was not responsible for the violation(s)or that there was no violation(s)as charged in the
Administrative Citation.
1.05.080 Hearing Officer
A. The Grand Terrace City Manager shall designate the hearing officer for the
Administrative Citation hearing. The hearing officer shall not be a City of Grand Terrace
employee. The employment, performance evaluation, compensation and benefits of the hearing
officer, if any, shall not be directly or indirectly conditioned upon the amount of Administrative
Citation fines upheld by the hearing officer.
1.05.090 Hearing Procedure
A. No hearing to contest an Administrative Citation before a hearing officer shall be
held unless and until a written request for a hearing has been submitted, and, the fine has been
deposited in advance.
B. A hearing before the hearing officer shall be set for a date that is not less than
fifteen(15) and not more than sixty (60) days from the date that the request for hearing is filed in
accordance with the provisions of this Chapter. The person requesting the hearing shall be
notified of the time and place set for the hearing at least ten (10) days prior to the date of the
hearing.
C. The Enforcement Hearing Officer shall only consider evidence that is relevant to
whether the violation(s)occurred and whether the responsible person has caused or maintained the
violation(s) of the Municipal Code or other applicable State Code on the date(s) specified in the
�.. Administrative Citation.
6
ntation, bill the responsible party or parties, for costs of providing the
special security assignment, plus an additional twenty-five percent(25%) of the
actual costs for administrative overhead to process the bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
' .` • C : __ ,i ‘ • i 1 \ 1
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
D. The responsible person contesting the Administrative Citation shall be given the
opportunity to testify and present witnesses and evidence concerning the Administrative Citation.
E. The failure of any recipient of an Administrative Citation to appear at the
Administrative Citation hearing shall constitute a forfeiture of the fine and a failure to exhaust
their administrative remedies.
F. The Administrative Citation and any additional documents submitted by the
Enforcement Officer shall constitute prima facia evidence of the respective facts contained in those
documents.
G. If the Enforcement Officer submits an additional written report concerning the
Administrative Citation to the hearing officer for consideration at the hearing, then a copy of this
report also shall be served by mail on the person requesting the hearing at least five (5) days prior
to the date of the hearing.
H. At least ten (10) days prior to the hearing, the recipient of an Administrative
Citation shall be provided with copies of the citations, reports and other documents submitted or
relied upon by the Enforcement Officer. No other discovery is permitted. Formal rules of
evidence shall not apply.
I. The hearing officer may continue the hearing and request additional information
from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a
written Decision.
1.05.100 Hearing Officer's Decision.
A. After considering all of the testimony and evidence submitted at the hearing, the
hearing officer shall issue a written Decision within ten(10) days of the hearing to uphold or deny
the Administrative Citation and shall list in the Decision the reasons for that Decision. The
Decision of the hearing officer shall be final.
•
B. If the hearing officer determines that the Administrative Citation should be upheld,
then the fine amount on deposit with the City shall be retained by the City. If the hearing officer
determines that the Administrative Citation should be cancelled and the fine was deposited with
the City, then the City shall refund the amount of the deposited fine.
• C. The recipient of the Administrative Citation shall be served with a copy of the
hearing officer's written Decision in the manner prescribed by Section 1.05.090 of the Grand
Terrace Municipal Code.
of this Chapter. The person requesting the hearing shall be
notified of the time and place set for the hearing at least ten (10) days prior to the date of the
hearing.
C. The Enforcement Hearing Officer shall only consider evidence that is relevant to
whether the violation(s)occurred and whether the responsible person has caused or maintained the
violation(s) of the Municipal Code or other applicable State Code on the date(s) specified in the
�.. Administrative Citation.
6
ntation, bill the responsible party or parties, for costs of providing the
special security assignment, plus an additional twenty-five percent(25%) of the
actual costs for administrative overhead to process the bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
' .` • C : __ ,i ‘ • i 1 \ 1
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
1.05.110 Failure to Pay Fines
A. The failure of any person to pay the civil fines assessed by an Administrative
Citation within the time specified on the Citation may result in the matter being referred to the
City of Grand Terrace to file a claim with the Small Claims Court. Alternatively, the City may
pursue any other legal remedy to collect the civil fines, including the appointment of a private
collection agency, acting on behalf of the City of Grand Terrace, as it's agent, to pursue and
collect fines as determined by contract agreement and approved by the City Council. The City may
also recover its collections costs, along with fines assessed, according to proof of attempts to
collect the debt.
1.05.120 Right to Judicial Review
A. Any person aggrieved by an Administrative Decision of a hearing officer on an
Administrative Citation may obtain review of the Administrative Decision by filing a Petition for
Review with the Court in accordance with the San Bernardino County Consolidated Municipal
and Superior Courts timelines and provisions as set forth in California Government Code Section
53069.4.
1.05.130 Notices
A. The Administration Citation and all notices to be given by this Chapter shall be
served on the responsible person in accordance with the provisions of this Chapter.
B. Failure to receive any notice specified in this Chapter does not affect the validity
of proceedings conducted here under.
SECTION 3: Chapter 1.06 of the Grand Terrace Municipal Code is hereby added to Title
to read as follows:
1.06.010 Notice to Appear in Lieu of Arrest.
1. In any case in which a person is arrested for a violation of any provision of this
Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a
magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance
with the procedures prescribed by California Penal Code Section 853.6, et. seq.
1.06.020 Issuance of Citations by Designated Officers and Employees.
1. Officers and employees of the City who have the discretionary duty to enforce a
statute or ordinance may, pursuant to Section 836.5 of the Penal Code and subject to the provisions of this section,
arrest a person without a warrant whenever any such officer or employee has reasonable use to believe that the person
to be arrested has committed an offense in the officer's employee's presence which he or she has the discretionary duty
to enforce,and to issue a notice to appear,and to release such person on his or her written promise to appear in court,
pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise
the arrest and citation authority conferred in this section unless such officer or employee is within a classification of
city officers and employees designated by the City Manager to exercise such arrest and citation authority as to specified
violations. The City Manager shall establish and cause to be administered a special enforcement training program
8
he bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
' .` • C : __ ,i ‘ • i 1 \ 1
? : /
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
designated to instruct each officer or employee who will exercise such arrest and citation authority, regarding the
provisions of the statutes and ordinances to be enforced,the evidentiary prerequisites to proper procedures for making
arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications
and limitations attendant thereto.Any such officers or employees shall be appropriately instructed to deposit executed
citations or notices with the police department for filing with the court, after review for legal sufficiency.
SECTION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such Decision shall not affect the validity or constitutionality of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall certify to the adoption of this ordinance and
shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk
at least five days prior to the adoption of the proposed ordinance; and within 15 days after adoption of the ordinance,
the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against
the ordinance shall take effect thirty days after the date of its adoption.
Passed, approved and adopted on this22ndlay of June , 2000.
Mayor
ATTEST:
GE2A,un
City Clerk City Of Grand Te aicr ce
9
efore a magistrate, such person may, in lieu of being taken before a
magistrate, be issued a written notice to appear in court and may then be released, all pursuant to and in accordance
with the procedures prescribed by California Penal Code Section 853.6, et. seq.
1.06.020 Issuance of Citations by Designated Officers and Employees.
1. Officers and employees of the City who have the discretionary duty to enforce a
statute or ordinance may, pursuant to Section 836.5 of the Penal Code and subject to the provisions of this section,
arrest a person without a warrant whenever any such officer or employee has reasonable use to believe that the person
to be arrested has committed an offense in the officer's employee's presence which he or she has the discretionary duty
to enforce,and to issue a notice to appear,and to release such person on his or her written promise to appear in court,
pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise
the arrest and citation authority conferred in this section unless such officer or employee is within a classification of
city officers and employees designated by the City Manager to exercise such arrest and citation authority as to specified
violations. The City Manager shall establish and cause to be administered a special enforcement training program
8
he bill and collect the charges.
Failure to pay the charge, as billed by the City, shall be deemed a violation of this
article.
e creation of
a city center with a public plaza/open space area. Also, included in these recommendations were
extending bike lanes and pedestrian paths to allow people to walk to the plaza/open space area along
Barton Road. The"Guiding Principles"reinforced the need for a public plaza by calling on the City's
residents to: "Promote community participation...to ensure a sense of belonging and community
growth." The proposed public plaza as part of the City's open space will reflect this principle by
supporting the promotion of community participation.
4. Family and Children Orientation-Grand Terrace prides itself on family activities that involve organized
recreation utilizing open space areas in the City. The General Plan Task Force made several
recommendations to reinforce the City's already strong family and children orientation. These
recommendations included several measures which relate to open space and are: 1)continue augmenting
our park and recreation facilities;2)continue expanding opportunities for children and teenagers for
wholesome entertainment within a familiar setting;3)increase the quality of life in the City of Grand
' .` • C : __ ,i ‘ • i 1 \ 1
? : /
I 1 II, • i : / )) '...::' -.,: ..;) ic'—' ,..,-..„• ; •-••••
1 'i —i (•• 075 c D ., r
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. ...... / q
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, - • -,_....... . -7,_. ,,,.. .,,,\ ., , „.. ,.,
..., .• , .
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7
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:j' :-:_,--• ::,,...,_.•_/_,)--- cIZAV. ..:*'•%.,..,
1 ',',.`.‘,A %;1_,..„1-07,.{...;:=&_._ -•••••••‘..-.: Arj. .• ‘..-.2-Z.;, -.." r"-_!;,,,-/- - • \-
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MEMMIF, •••• 4971t97 07 DEVE40 *Fir
Ordinance No. 194
I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing
Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand
Terrace first read at a regular meeting held on the 8th day of June and finally adopted and ordered
posted at a regular meeting of said City Council on the 22nd day of June,2000,by the following vote:
AYES: Councilmembers Garcia and Larkin; Mayor Pro Tem Buchanan and
Mayor Matteson
NOES: None
ABSENT: Councilmember Hilkey
ABSTAIN: None
a/
,i.F
City Clerk �J
APPROVED AS TO FORM
City Attorney
ment 18 Initial Study and
Environmental
Analysis
c:\office\wpwin\wpdocs\planning\j ohn\admincup\z9902.ord
5 • (909) 824-6621
lley Model. 10/96.