PROGRAM ADMINISTRATOR LICENSING DATA
The table below shows the number of licensed PACE program administrators as of December 31, 2020. The table also includes the number of enrolled PACE solicitors and enrolled PACE solicitor agents at the calendar year end.
During 2020, a PACE program administrator exited PACE business and ceased all PACE financings. However, the PACE program administrator's CFL license remained active as of December 31, 2020.
Table 14: Program Administrator, Solicitor, and Solicitor Agent Data 2019 2020
Number of Licensed Program Administrators as of December 31 5 5 Number of Program Administrators License Surrendered 0 0 Number of Program Administrators License Revoked 0 0
Number of Licensed Program Administrators as of December 31 5 5 Number of Enrolled PACE Solicitors at December 31 6,443 4,513 Number of Enrolled PACE Solicitor Agents at December 31 51,095 13,099 California Department of Financial Protection and Innovation 39 Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
Violations Found During Examinations
Calendar Year 2020
VIOLATIONS FOUND DURING EXAMINATIONS
PACE program administrators are subject to an inspection, examination, or investigation by the Commissioner. The information provided in this section was obtained from regulatory examinations the DFPI conducted of PACE program licensees from January 1, 2020 through December 31, 2020. These examinations were conducted under the authority of Financial Code sections 22690 and 22701.
The purpose of regulatory examinations is to obtain information about whether PACE program licensees have complied with the program’s regulations. In 2020, the DFPI conducted two regulatory examinations of the five program licensees.
California Department of Financial Protection and Innovation 40 Table 15: Number and Type of Violations
Violation Description CFL
Section
S&H 2019 2020
Making consumer loans without being licensed as finance lender or broker
22100(a) &
22689(c)
5898.18 1 0
Failure to update principal officers 22105 0 1
Provided false and misleading dealer fee disclosure 22161 & 22689(c)
5923(c) &
5926
0 2
Provided false and misleading post funding inspection
finding
22161(a) 0 1
Provided false and misleading information to the property 22161(a)(2) 1 owner
Failure to offer fee advertised to the property owner 22161(a)(3) 1 Failure to disclose licensing authority 22162(b) 0 1
Failure to report PACE solicitor as enrolled 22680(a) 1 Engaged in the business with PACE solicitor not reported as enrolled
22680(d) 1 2
Improper enrollment of PACE Solicitor Agent who did not maintain the required minimum qualifications
22680(e) &
(g)
0 1
Failure to provide proof that PACE solicitor agents have 22681(b) 1 completed and passed the test of the introductory training Inadequate policies and procedures in responding to 22683 0 2 consumer complaints
Approving ineligible home improvement contracts 22684 (a)(b) 0 1 The term of the PACE assessment contract exceeded the 22684(j) 1 estimated useful life of the measure attributed to greatest portion of funds
Failure to utilize at least three automated valuation models 22685(a)(1) 1 2 Failure to disclose property market value 22685(b) 0 1
Failure to verify whether the assessment contract was 22686 2 2 executed prior to work commencement
Failure to determine that property owner has an ability to repay the annual PACE assessment payment
22686 &
22687
2 2
Emergency waiver of ability to repay requirements granted 22687 0 2 for ineligible agreements
Failure to obtain monthly household expense information 22687(a)(1) 0 1 from property owner
Failure to confirm the amount and sources of property 22687(a)(6) 1 1 owner's income during the oral confirmation of key terms call
Failure to verify that price of PACE finance project is not 22689(c) 5926 1 2 different from paid in cash price
Refinancing ineligible PACE assessment contract 22689(c) 5898.18 1 Disclosing the property owner’s eligible amount of funds to 22689(c) 5925 1 the contractor
No evidence that property owner agreed to receive 22689(c) 5898.16(b)(1) 2 2 electronic copy of document in lieu of printed copy & 5898.17(a) Failure to retain term confirmation call 22689(c) 5913(b)(3) 0 1 Failure to confirm the assessment contract and financing 22689(c) 5902(g) & 2 2 estimate and disclosure to all property owners 5913
Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
California Department of Financial Protection and Innovation 41 Complaint Information
Calendar Year 2020
COMPLAINT INFORMATION
In 2020, a total of 169 complaints were received by the DFPI related to PACE program administrators, PACE solicitors, and/or PACE solicitor agents. The tables below summarize issues covered in the complaints.
Table 16: PACE Program Related Complaints
2019 2020
Total number of complaints received 157 169
Total number of complaints awaiting resolution 53 12
Total number of complaints resolved 104 157
Table 17: Complaints by Complaint Reason
2019 2020
Administrative issue 1 1
Advertising issue 0 2
Fraud allegation 4 16
Identity theft allegation 4 1
Investment fraud allegation 2 0
Mishandled transaction 14 7
Omission or misrepresentation of facts in application 4 3 Overcharges 0 3
Payment dispute 36 26
Poor customer service 0 6
Unethical behavior or tactics 70 80
Other* 22 24
*Other includes complaints that did not specify a program administrator, solicitor, or solicitor agent, and complaints that were not under the DFPI’s jurisdiction.
Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
California Department of Financial Protection and Innovation 42 Recommendations for Improving Program
Calendar Year 2020
RECOMMENDATIONS FOR IMPROVING PROGRAM
The licensing and regulation of the PACE program by DFPI commenced on January 1, 2019.
Currently, there are only five PACE program administrators licensed with DFPI.
In light of continued consumer complaints about solicitor acts resulting in consumer harm, the California DFPI in June 2021 moved to revoke the license of a PACE program administrator after finding that it had done little to prevent one of its solicitors from repeatedly defrauding homeowners. It was the first time the license of a program administrator had been revoked. As significant problems persist with solicitors, contractors, and administrators alike, the California DFPI will continue to utilize the tools we have available to protect homeowners from fraudulent actions and deceptive marketing tactics.
California homeowners experiencing problems with PACE have recourses if they’re struggling to pay an assessment and are encouraged to file a complaint with our office. Homeowners can file a complaint online: https://dfpi.ca.gov/file-a-complaint/ or reach out to us toll-free at (866) 275-2677. Translation services are offered in dozens of languages. More information about the PACE program, including frequently asked questions, can be found here:
********dfpi.ca.gov/pace-program-administrators/pace/.
California Department of Financial Protection and Innovation 43 Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
Financing Activities
Calendar Year 2020
LICENSING DATA
APPENDIX
The information provided in this section was obtained from statutorily required annual reports that PACE program administrators filed with the DFPI. The data provided in this report represent the aggregate totals for five PACE program administrators.
Table 18: Number and Aggregate Amount of Assessment Contracts Funded 2019 2020
Total number of PACE assessments 12,335 10,129
Aggregate amount of PACE assessment funded $362,347,433 $332,517,305 Average amount of PACE assessment funded $29,376 $32,828 Table 19: Assessment Contract Term
2019 2020
Average term of assessment contract (in years) 19.24 20.91 Table 20: Number of Assessment Contracts by Interest Rate by Year 2019 2020
At or below 4.00% 520 3,302
4.01% – 8.00% 6,781 5,572
8.01% – 12.00% 5,034 1,255
12.01% – 16.00% 0 0
16.01% – 20.00% 0 0
Above 20% 0 0
Total PACE assessments 12,335 10,129
Table 21: Number of Assessment Contracts by APR by Year 2019 2020
At or below 4.00% 330 83
4.01% – 8.00% 4,064 5,047
8.01% – 12.00% 7,899 3,590
12.01% – 16.00% 42 1,409
16.01% – 20.00% 0 0
Above 20% 0 0
Total PACE assessments 12,335 10,129
Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
Financing Activities
Calendar Year 2020
California Department of Financial Protection and Innovation 44 Table 22: Residential Property Data
2019 2020
Aggregated average market value of property encumbered by mortgage-related PACE assessments
509,451 513,691
Table 23: Delinquent PACE Assessments
2019 2020
Total delinquent amount $9,971,264 $7,548,474
Average number of missed payments 1.60 1.95
Total delinquencies, by city, by county, and by ZIP code.
Table 24: Defaulted PACE Assessments
2019 2020
Total defaulted amount $5,034,107 $4,821,195
Average number of missed payments 3.50 4.20
Total number of parcels defaulted 760 617
Average number of years in default 1.56 1.71
Total defaulted amount, by city, by county, and by ZIP code.
Table 25: Foreclosure Actions (Year 2019)
Number of
Foreclosure
Actions
ZIP
Code
Year of
Assessment
Contract
Original
Amount of
the
Assessment
Contract
Amount
Owed upon
Foreclosure
Purchased
Price Paid
for Property
at Auction
Amount
Recovered
1 93650 2017 16,888 0 335,000 0
1 94920 2016 43,787 4,262 717,129 4,262
2 95204 2016 24,192 0 0 0
1 95688 2016 51,505 0 363,000 0
Table 26: Foreclosure Actions (Year 2020)
Number of
Foreclosure
Actions
ZIP
Code
Year of
Assessment
Contract
Original
Amount of
the
Assessment
Contract
Amount
Owed upon
Foreclosure
Purchased
Price Paid
for Property
at Auction
Amount
Recovered
0 N/A N/A 0 0 0 0
Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
Financing Activities
Calendar Year 2020
California Department of Financial Protection and Innovation 45 Table 27: Number of PACE Assessments and Mortgage-Related Debt at the time the Assessment Contract was Entered
2019 2020
Above 97 percent cap on total PACE and mortgage-related debt 0 33
95.00 – 97.00 percent cap on total PACE and mortgage-related debt 871 829
90.10 – 94.99 percent cap on total PACE and mortgage-related debt 1,165 978
87.10 – 90.00 percent cap on total PACE and mortgage-related debt 674 552
85.10 – 87.00 percent cap on total PACE and mortgage-related debt 403 334
82.00 – 85.00 percent cap on total PACE and mortgage-related debt 634 565 Below 82 percent cap on total PACE and mortgage-related debt 8,588 6,838 Total PACE assessments 12,335 10,129
Table 28: Number of Delinquent PACE Assessments and Mortgage-Related Debt at the time the Assessment Contract was Entered
2019* 2020
Above 97 percent cap on total PACE and mortgage-related debt N/A 14
95.00 – 97.00 percent cap on total PACE and mortgage-related debt N/A 11
90.10 – 94.99 percent cap on total PACE and mortgage-related debt N/A 24
87.10 – 90.00 percent cap on total PACE and mortgage-related debt N/A 16
85.10 – 87.00 percent cap on total PACE and mortgage-related debt N/A 12
82.00 – 85.00 percent cap on total PACE and mortgage-related debt N/A 16 Below 82 percent cap on total PACE and mortgage-related debt N/A 796 Total PACE assessments N/A 889
*The delinquencies required 2018 and earlier data, which CFL Program did not have oversight in 2018 or before. Therefore, this data was not collected in 2019.
Table 29: Method of Determining the Market Value of the Property 2019 2020
Automated valuation model 11,351 9,359
Appraisal 984 770
Property valuation not obtained 0 0
Total PACE assessments 12,335 10,129
Exhibit K (continued)
Property Assessed Clean Energy (PACE) Program
Financing Activities
Calendar Year 2020
California Department of Financial Protection and Innovation 46 Table 30: Residual Income of the Property Owners
2019 2020
Average monthly residual income of the property owners upon entering into theassessment contract
$3,194 $3,552
Table 31: PACE Assessments Funded Under Emergency
Procedures in Financial Code section 22687(e)
2019 2020
Type of Improvement Number of
Improvements
Average
Cost
Number of
Improvements
Average
Cost
Central air conditioner emergency HVAC 13 $12,028 1 $12,805 Central air conditioner emergency, furnace
emergency HVAC 5 $12,073 0 $0
Cool roof 1 $4,000 0 $0
Duct replacement emergency HVAC 1 $14,281 0 $0
Electric tankless water heater 1 $7,995 0 $0
Energy efficient 1 $15,830 39 $18,211
Energy Star windows 0 $0 1 $9,500
Furnace emergency HVAC 9 $10,839 0 $0
Heating and air conditioning package unit
emergency HVAC 1 $13,564 2 $8,567
High performance roofing 0 $0 1 $14,871
High-efficiency HVAC 2 $14,273 0 $0
HVAC 0 $0 1 $7,700
Water conservation 27 $13,672 2 $2,054
Water delivery systems 2 $7,930 0 $0
Total Improvements 61 47
Total PACE Assessments Funded Under
Emergency Procedures
in Financial Code section 22687(e)
55* 45*
*A PACE assessment may include multiple improvements.
California Department of Financial Protection and Innovation Toll-Free: 1-866-275-2677
TTY: 1-800-735-2922
Online: www.dfpi.ca.gov
CITY OF TULARE
AGENDA ITEM TRANSMITTAL SHEET
Submitting Department: Office of Safety, Compliance and Facilities For Council Meeting of: July 19, 2022
Documents Attached: ☐Ordinance ☐Resolution ☒Other ☐None
AGENDA ITEM:
Review and discuss possibly amending the current Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts.
IS PUBLIC HEARING REQUIRED: ☐Yes ☒No
BACKGROUND/EXPLANATION:
Similar to other communities, City of Tulare struggles with keeping abandoned shopping carts off the streets and sidewalks. California Business and Professions Code sections 22435- 22435.13 regulate shopping and laundry carts in the State of California by making certain regulations for retrieval and disposal of said carts. However, those regulations only apply to a shopping cart that has a sign affixed to it “…that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer” (Business and Professions Code section 22435.1). Since the cited provisions do not require shopping cart owners to affix the signs, many cities in California have adopted local ordinances to require signs and to further expand upon the provisions for management of shopping carts within their jurisdictions.
City of Tulare has retail businesses that provide rolling shopping carts for the convenience of customers. The majority of these stores have outdoor corrals to contain carts near their entrances and in the parking lots to collect carts. Some local stores have locking, radiocontrolled security devices affixed to wheels to prevent carts from being removed beyond the perimeter of their site. Regardless of measures, shopping carts are commonly removed from stores and discarded in the community. The following is a summary of local efforts:
• Most stores have employees periodically collect used carts from parking areas, but generally do not go beyond property perimeters to retrieve carts • Some stores contract with a cart retrieval service
• City staff routinely collects carts and stores collect them at the City’s Corporation yard City staff regularly contacts and/or mails letters to local stores notifying them of the need to collect their carts at the City’s Corporation yard.
AGENDA ITEM: General Business 3
Staff recommends the following changes to the code:
• Change the responsibility from the City Manager, Police Chief and Fire Chief to Public Works and Code Enforcement.
• Remove unnecessary language to make the TMC easier for interpretation. • Have a similar TMC than surrounding municipalities.
• Add better explanation to the Prohibition against removing, possessing and altering carts.
• Add a fee amount of $50 for each occurrence, this is not mentioned on prior TMC. • Explained the disposal procedure.
STAFF RECOMMENDATION:
Approve the recommended changes to the Tulare Municipal Code Chapter 7.60 Regulation of Shopping Carts.
CITY ATTORNEY REVIEW/COMMENTS: ☐Yes ☒N/A
IS ADDITIONAL (NON-BUDGETED) FUNDING REQUIRED: ☐Yes ☐No ☒N/A FUNDING SOURCE/ACCOUNT NUMBER:
N/A
Submitted by: Manny Correa Title: Safety, Compliance and Facilities Officer Date: July 12, 2022 City Manager Approval: ____________ CHAPTER 7.60: REGULATION OF SHOPPING CARTS
Section
7.60.010 Purpose.
7.60.020 Definitions.
7.60.030 Enforcement authority.
7.60.040 Prohibition against removing, possessing and altering carts.
7.60.050 Prohibition against abandoning carts.
7.60.060 Penalty.
7.60.070 Cart identification required.
7.60.080 Removal prevention and retrieval.
7.60.090 Administrative hearing.
7.60.100 Impoundment of abandoned carts.
7.60.110 Retrieval services.
7.60.120 Prosecution for theft not precluded.
7.60.130 Severability.
§ 7.60.010 Purpose.
(A) Abandoned shopping carts are unsightly, interfere with pedestrian and vehicular traffic, accumulate over time on public and private property causing blight and similar conditions resulting in reduction of property values and deterioration of the city’s neighborhoods, are detrimental to the public health, safety and welfare, and constitute a public nuisance. (B) The purpose of this chapter is to promote the public health, safety and welfare by establishing to establish that it is a violation of this code unlawful for any person to remove to improperly remove any any shopping cart from the premises of the owner of the cart. In addition, this chapter provides requirements for store owners to take action to reduce the removal of shopping carts from the owner’s premises and to facilitate the retrieval of shopping carts removed from the owner’s premises. (1995 Code, § 7.60.010) (Ord. 06-2011, passed - -2006)
§ 7.60.020 Definitions.
For the purpose of this chapter, words and phrases shall be given their customary and usual meanings and shall be interpreted accordingly, unless a different meaning is expressly ascribed thereto. the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SHOPPING CART. Any cart that has been removed from the premises of the owner and is no longer in the possession or under the physical control of the person who removed the cart. A cart abandoned by a person, other than the owner, shall not constitute a relinquishment of ownership of the cart by the owner.
CART. A basket or platform which is mounted on wheels or a similar device generally used in a business establishment by a customer for the purpose of transporting goods of any kind. This includes, but is not limited to, laundry, grocery or shopping carts.
DIRECTOR. The City Manager or his or her designee.
HEARING OFFICER. The individual appointed by the City Manager of the City of Tulare to hear the appeal on a finding that a nuisance exists.
IN THE BUSINESS OF SHOPPING CART OR LAUNDRY CART RETRIEVAL. To search for, gather and restore possession to the owner, or an agent thereof, for compensation or in expectation of compensation, of shopping carts or laundry carts located outside the premises or parking area of a retail establishment.
LAUNDRY CART. A basket, which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.
OWNER. Any person, business establishment or entity that owns, possesses or has the power to make a shopping cart available to customers. For the purpose of this chapter, OWNER includes, but is not limited to, the store owner, manager, on-site manager, on-duty manager or other designated agent of a business establishment providing shopping carts for customer use.
PARKING AREA. A parking lot or other property provided by a business establishment for use by a customer for parking an automobile or other vehicle.
PERSON. Any person, corporation, partnership, association, joint-stock company, limited-liability company, limited liability partnership and other entity capable of being sued.
PREMISES. The entire area owned, rented, leased or utilized by a business establishment that provides shopping carts for customer use, including parking areas.
STREET. Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, parking lot, parking area and place used by the general public. (1995 Code, § 7.60.020) (Ord. 06-2011, passed - -2006)
§ 7.60.030 Enforcement authority.
(A) This chapter shall be administered and enforced by the Director with the assistance of the Police Chief, Fire Chief and their designated agents and Code Enforcement Officers. The Director is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for the enforcement of this chapter. The Director, Police Chief, Fire Chief and their designated agents and code enforcement officers are authorized as follows:
(1) To enter upon and inspect any public and private property or premises to ascertain whether the provisions of this chapter or applicable state laws are being obeyed. As used herein, PUBLIC PROPERTY includes the outdoor common area of any building, business premises, apartment building or complex or other premises or portion thereof which is adjacent to public property, open to the public and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property. All inspections, entries and examinations shall be done in a reasonable manner. If an owner, tenant, occupant or agent or other responsible party refuses to grant the city permission to enter or inspect, the city may seek an inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure. Nothing contained in this section shall be deemed a limitation upon the Director to enter private property pursuant to permission from the owner or occupant thereof or pursuant to a duly issued inspection warrant or other court order; (2) To examine a shopping cart or parts thereof, or to obtain information as to the identity of the owner of any shopping cart, or to retrieve shopping carts in accordance with the provisions of this chapter;
(3) To determine whether a violation of this chapter exists and to take appropriate action to gain compliance with the provisions of this chapter and applicable state laws; and (4) To issue administrative citations and to impose civil penalties for any violation of this chapter. (B) The Police Chief, city police officers and designated city employees, who shall be designated by a separate resolution pursuant to the provisions of Cal. Penal Code § 836.5, shall have the authority to issue criminal citations for violations of this chapter. The City Attorney and the District Attorney shall have the authority to file criminal complaints to enforce this chapter. (1995 Code, § 7.60.030) (Ord. 06-2011, passed - -2006)
§ 7.60.040 Prohibition against removing, possessing and altering carts.
It is unlawful for any person except the owner of a cart or the owner’s agent to do any of the following acts: to remove, possess, alter, convert or tamper with any cart outside from business or parking area.
(A) To remove a cart from the premises or parking area of a business establishment without the express, written consent of the owner;
(B) To be in possession of any cart while that cart is not located on the premises or parking lot of the owner of the cart without the express written consent of the owner. Written permission to remove a shopping cart shall be valid for a period not to exceed 72 consecutive hours; (C) To be in possession of any shopping cart with serial numbers removed, obliterated or altered; or (D) To alter, convert or tamper with a cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart.
(1995 Code, § 7.60.040) (Ord. 06-2011, passed - -2006)
§ 7.60.050 Prohibition against abandoning carts.
It is unlawful for any person to leave, abandon or store any cart upon any sidewalk, street or other public place, or upon private property exposed to public view, at a location other than the premises of the owner.
(1995 Code, § 7.60.050) (Ord. 06-2011, passed - -2006)
§ 7.60.060 Penalty.
Any person who violates §§ 7.60.040 or 7.60.050 shall be guilty of a misdemeanor and subject to punishment in accordance to Cal. Penal Code § 19. Upon recommendation of the prosecuting attorney, the court may reduce the charged offense from a misdemeanor to an infraction, punishable under §
1.12.010 of this code. An administrative fine may also be imposed as set forth in Chapter 1.61 of the Tulare City Municipal Code. Nothing in this chapter shall prevent the city from pursuing criminal, civil, administrative or any other legal remedy to address violations of this chapter. (1995 Code, § 7.60.060) (Ord. 06-2011, passed - -2006)
§ 7.60.070 Cart identification required.
(A) Every owner who, in connection with the conduct of a business, including, but not limited to a food dispensing business, retail business or laundry business, owns or makes any cart available to the public, shall permanently affix a durable metal or plastic sign to the cart containing the following information:
(1) The name of the owner of the cart or the name of the retailer that provides the cart, or both; (2) A valid, current telephone number or address for returning the cart if removed from the premises or parking area to the owner or retailer;
(3) The procedure to be used for authorized removal of a shopping cart from the owner’s premises if allowed; and
(4) Notice that the unauthorized removal of a shopping cart from the premises or parking area of the retail establishment or the unauthorized possession of a shopping cart is a violation of state law. (B) A cart without a sign attached, pursuant to division (A) of this section, shall bear some form of identification to establish ownership. Every business that utilizes shopping carts during normal operations within the City of Tulare shall provide the director with a valid, current telephone number of the owner or provider of the cart.
(C) Carts provided by individual stores or retailers that are owned by or affiliated with the same company and share the same name (chain stores) shall bear some form of identification which identifies the specific store that the cart is assigned to. (D) A cart that does not have a sign attached as required by division (A) above or fails to provide information to the director as required in division (B) of this section is presumed to be abandoned if it has been left standing unattended on any public or private property other than the owner’s or the owner’s agent. The city may impound, sell or otherwise dispose of such a cart immediately upon discovery of the cart.
(1995 Code, § 7.60.070) (Ord. 06-2011, passed - -2006)
§ 7.60.080 Removal prevention and retrieval.
Every owner who provides or intends to provide carts to be used by customers shall do the following:
(A) Post prominently and conspicuously at all public entrances and exits where there is frequent cart activity, a notice no smaller than 12 inches by 18 inches, or approved by the Director, in the following form: “REMOVAL OF SHOPPING CARTS (OR LAUNDRY CARTS, IF APPLICABLE,) FROM THESE PREMISES IS PROHIBITED BY LAW (TMC § 7.60.040) AND WILL SUBJECT THE VIOLATOR TO A FINE OF UP TO $1000.00 OR SIX MONTHS IN JAIL OR BOTH THE FINE AND THE JAIL TERM.” (B) Provide the Director with reliable contact information for cart retrieval. (1995 Code, § 7.60.080) (Ord. 06-2011, passed - -2006)
§ 7.60.090 Administrative hearing.
Administrative hearings are outlined in detail in Chapter 1.61, Administrative Citations, of the Tulare City Municipal Code.
(1995 Code, § 7.60.090) (Ord. 06-2011, passed - -2006)
§ 7.60.100 Impoundment of abandoned carts.
(A) The City of Tulare hereby adopts Cal. Business and Professions Code § 22435 in reference to the impoundment of abandoned carts. Pursuant to the provisions of the Business and Professions Code, a cart that has a sign affixed to it in accordance with Cal. Business and Professions Code § 22435.1 may be impounded by the city provided both of the following conditions have been satisfied. (1) The shopping cart is located outside the premises or parking area of a retail establishment. The parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.
(2) Except as provided in division (G) above, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the city of the shopping cart’s discovery and location. (B) In instances where the location of a shopping cart will impede emergency services the city is authorized to immediately retrieve the shopping cart from public or private property. (C) When the city impounds a shopping cart under the authority provided in divisions (A) and (B) above, the city is authorized to recover its actual costs for providing this service. (D) Any shopping cart that is impounded by the city pursuant to divisions (A) and (B) above shall be held at a location that is both:
(1) Reasonably convenient to the owner of the shopping cart; and (2) Open for business at least six hours of each business day. (E) The city shall fine the owner of a shopping cart in an amount as set by the Tulare City Council for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this section. An occurrence includes all shopping carts impounded in accordance with this section in a one-day period.
(F) The city may sell or otherwise dispose of any shopping cart not reclaimed retrieved from the city within 30 days of receipt of a notice of violation by the owner of the shopping cart. (G) Notwithstanding division (A)(2) of this section, the city may impound a shopping cart that otherwise meets the criteria set forth in division (A)(1) without complying with the three-day advance notice requirement provided that:
(1) The owner of the shopping cart, or his or her agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or his or her agent, as to the location where the shopping cart may be claimed.
(2) Any shopping cart so impounded shall be held at a location in compliance with division (D) of this section.
(3) Any shopping cart reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to division (G)(1) of this section, shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to divisions (C) or (E) of this section. Any cart reclaimed within the three business day period shall not be deemed an occurrence for purposes of division (E) of this section. (4) Any shopping cart not reclaimed by the owner or his or her agent, within three business days following the date of actual notice as provided pursuant to division (G)(1) of this section, shall be subject to any applicable fee or fine imposed pursuant to divisions (C) or (E) of this section commencing on the fourth business day following the date of the notice. Any owner that fails to retrieve its cart(s) within three (3) days after receiving notice from the city, shall pay the city’s administrative costs for retrieving the cart(s) and notification to owner of $50 for each occurrence. An occurrence includes all carts impounded in one day that are owned by the same owner/business. (5) Any shopping cart not reclaimed retrieved by the owner or his or her agent, within 30 days of receipt following the date of actual notice as provided pursuant to division (G)(1) of this section, may be sold or disposed of in accordance with division (F) of this section. after the owner has received notice of the cart being impounded, including a failure to pay costs, or if the cart’s owner cannot be determined, the cart will be disposed of.
(1995 Code, § 7.60.100) (Ord. 06-2011, passed - -2006)
§ 7.60.110 Retrieval services.
(A) Any person who engages in the business of shopping cart or laundry cart retrieval, as defined in this chapter, in the city shall have a city business license and shall retain records showing written authorization from the cart owner, or an agent thereof, to retrieve the cart or carts and to be in possession of the cart or carts retrieved.
(B) A copy of the record showing written authorization shall be maintained in each vehicle used for shopping cart or laundry cart retrieval.
(C) Each vehicle employed for the retrieval of shopping carts or laundry carts shall display a sign that clearly identifies the retrieval service.
(D) Any person who violates the provisions of this section is guilty of a misdemeanor and subject to punishment in accordance with § 1.12.010 of this code.
(1995 Code, § 7.60.110) (Ord. 06-2011, passed - -2006)
§ 7.60.120 Prosecution for theft not precluded.
The provisions of this chapter are not intended to preclude the application of any other laws relating to prosecution for theft.
(1995 Code, § 7.60.120) (Ord. 06-2011, passed - -2006)
§ 7.60.130 Severability.
If any provision, clause, sentence or division of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable. (1995 Code, §
7.60.130) (Ord. 06-2011, passed - -2006)
Shopping cart
Empty
With Items
abandoned
With Items /
Arrested/Sick
Bring to Yard
and inventory
PD will Bring to
Yard and
inventory Cart
/ remove
property from
cart (cart goes
in to the cart
cage)
Bring to Yard
Empty items in
dump site and
inventory Cart
After 30 days
destroy and
recycle bin
After 30 days
destroy and
recycle bin
Discard after
90 days
Departments
will assist with
pick up
• Parks
• Streets
• Water
• CE
Inventory yard
front office /
letter to
Business
within 3 days
CE receive calls
public / city
employees
DRAFT
Contact Information:
• CE (559)
• Parks (559)
• Streets (559)
• Water (559)
*Damaged or missing store tag will be destroyed upon arrival