Yucaipa City Council
November 13, 2024

Agenda Item No. 2

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of November 13, 2024
SUBJECT: Second Reading of Ordinance No. 452
RECOMMENDATION:

That the City Council approve the second reading of Ordinance No. 452, an Ordinance of the City Council of the City of Yucaipa, California, amending various provisions of the Yucaipa Municipal Code.

Attachment:

1. Ordinance No. 452
Approved by: _ _

ATTACHMENT 1

ORDINANCE NO. 452

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, AMENDING VARIOUS PROVISIONS OF THE YUCAIPA

MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Municipal Code Update
A. Code Adoption: Section 1.01.010 of the Yucaipa Municipal Code shall be amended to read as follows:
"There is hereby adopted the Yucaipa Municipal Code, as compiled, edited and published by the City Clerk of the City of Yucaipa or their designee." B. Definitions: Section 1.04.010 Definitions is hereby amended to strike and remove the word "Shall" and its definition from the section. The definition is duplicative as the word is defined elsewhere in the section.

C. Appeals: Section 1.04.130 shall be amended to read as follows:

1.04.130 APPEALS
(a) Appeal Procedure When Not Specified.

Any person excepting to the denial, suspension or revocation of a permit or license applied for or held by them pursuant to this Code or any City ordinance, or to any administrative decision made by any official of the City pursuant to this Code or any City ordinance may appeal to the City Manager or City Council, as the case may be, when the right to appeal is specifically so provided in this Code or City ordinance by reference to this section, by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof. (b) City Council; City Manager.

Actions taken by any City official, officer, or employee under the supervision and control of the City Manager shall be appealed to the City Manager. All other appeals shall be made to the City Council.
(c) Time Period for Appeal When Not Specified.

Notice of such appeal shall be filed with the City Clerk by the close of business on the 10`" calendar day following such action.

(d) Notice and Hearing.

The City Clerk shall forthwith set a date for hearing before either the City Council or City Manager, as the case may be, and shall give the appellant at least five calendar days notice of the time and place of said hearing.
(e) Final Decision.

At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted should not be approved. The City Manager or City Council, as the case may be, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter.
(f)
Judicial Review of Administrative Decision.

Any interested person seeking judicial review pursuant to Code of Civil Procedure (CCP) Section 1094.5 of any final decision, as defined in CCP Section 1094.6(e), of the City Council, City Manager, or any boards, commissions, officers, agents or employees of the City empowered to make such decisions may do so only if the petition for writ of mandate pursuant to CCP Section 1094.5 is filed within the time limits specified in CCP Section 1094.6.

D. Code Enforcement: Chapter 1.12 of the Yucaipa Municipal Code is hereby amended to read as follows:

Divisions:

Division 1
Division 2
Division 3
Division 4
Division 5
Division 6
Division 7
Division 8
Division 9
Division 10
Division 11
Division 12
Division 13
Division 14
Division 15
Division 16
Division 17
CHAPTER 1.12 — ENFORCEMENT OF CODE
Definitions
Code Enforcement Authority and Powers
Notice
Judicial Remedies
Administrative Remedies
Issuance and Recordation of Notices of Violation
Administrative Civil Penalties
Administrative Citations
Summary Abatement
Administrative Abatement
Administrative Enforcement Appeals
Administrative Enforcement Hearing Procedures
Recovery of Civil Penalties, Administrative Costs and Abatement Costs Attorneys' Fees and Costs
Code Compliance Cost Recovery
Reserved.

Private Nuisance Abatement

DIVISION 1

DEFINITIONS
Sections:

1.12.100 DEFINITIONS.

1.12.100 DEFINITIONS.

As used in this Code, the following shall have the following meanings. "Abatement" means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property. "Administrative enforcement order" means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien. "Abatement notice" means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.
"Code enforcement performance bond" means a bond posted by a responsible person to ensure compliance with the Yucaipa Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.
"Enforcement hearing officer" means any person appointed by the city manager to preside over administrative enforcement hearings.
"Enforcement official" means any person authorized to enforce violations of the Yucaipa Municipal Code or applicable state codes.
"Financial institution" means any person that holds a recorded mortgage or deed of trust on a property.
"Imminent life safety hazard" means any condition which creates a present and immediate danger to life, property, health or public safety.
"Legal interest" means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder.
"Notice and order" means a document used in abatement and civil penalties actions which provides notice of Yucaipa Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.

"Notice of compliance" means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement. "Notice of violation" means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the Yucaipa Municipal Code.
"Nuisance abatement lien" means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. "Property owner" means the record owner of real property based on the County Assessor's records.
"Public nuisance" means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passers by, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this code or any other city, state or federal law or regulation. "Responsible person" means a person who an enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the Yucaipa Municipal Code or applicable state codes. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property or person in possession of real property. "Written" includes printed, typewritten, mimeographed, multigraphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code Section 250.

Sections:

1.12.200

1.12.210

1.12.220
Division 2

CODE ENFORCEMENT AUTHORITY AND POWERS
DECLARATION OF PURPOSE.

GENERAL ENFORCEMENT AUTHORITY.

AUTHORITY TO ISSUE NOTICE TO APPEAR AND RELEASE
CITATIONS.

1.12.230 NOTICE OF VIOLATION.

1.12.240 AUTHORITY TO INSPECT.

1.12.250 POWER TO ARREST.

1.12.260 VIOLATION OF CODE.

1.12.270 SUBPOENAS.

1.12.200 DECLARATION OF PURPOSE.

The city council finds that the enforcement of the municipal code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public's health, safety and quality of life. The council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance.

Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of law. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of the municipal code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance.

1.12.210 GENERAL ENFORCEMENT AUTHORITY.

All city enforcement officials designated in Yucaipa Municipal Code Section 1.12.220 shall have the authority and powers necessary to gain compliance with the all provisions of the Yucaipa Municipal Code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the municipal code or applicable state codes.

1.12.220 AUTHORITY TO ISSUE NOTICE TO APPEAR AND RELEASE CITATIONS.
(a) Pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, certain officers and employees of the City of Yucaipa are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce. (b) The following officers and employees of the City of Yucaipa are hereby designated and authorized to issue said citations:
(1) Finance Department:
(A)Finance Director and their designee(s).

(2) Fire Department:
(A) Fire chief and their designee(s).
(B) Deputy Fire Marshal
(C) All sworn personnel.
(3) Development Services Department:
(A) Director of Development Services, and their designee(s). (B) Deputy Director of Community Development/City Planner, and their designees(s). (C) Senior code enforcement officers and code enforcement officers. (D) Public Works Director, and their designee(s).
(E) Public works/park rangers.
(F) Building inspectors (including supervising building inspectors, senior building inspectors, and building inspectors).
(G)Building officials (including chief, senior, and deputy building officials). (H) Planners (including assistant and associate planners). (4) Police Department:
(A) Police chief and their designee(s).
(B) All sworn personnel.
(5) Public Safety Manager, and their designee(s).

1.12.230 NOTICE OF VIOLATION.

Division 6 provides the procedure for issuance and recordation of notices of violation where other sections of this code or applicable state codes do not provide an alternative procedure.

1.12.240 AUTHORITY TO INSPECT.

City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the Yucaipa Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other

physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.

1.12.250 POWER TO ARREST.

City enforcement officials are authorized to arrest without a warrant any person whenever the enforcement official has reasonable cause to believe that the person has committed a violation of the Yucaipa Municipal Code or applicable state codes in his or her presence. Pursuant to Penal Code Section 836.5 the enforcement official can only arrest a person by issuing a misdemeanor field citation or by effecting a citizen's arrest with the assistance of a peace officer.

1.12.260 VIOLATION OF CODE.
(a) It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this Code, or to violate any provision or fail to comply with any of the requirements of this Code or for any property owner or occupant to maintain or use property in the city in a manner that constitutes a public nuisance. (b) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a public nuisance. (c) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor except when the violation of a provision of this Code is specifically declared to be an infraction. (d) Notwithstanding any other provision of this Code, any violation constituting a misdemeanor under this Code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this Code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly.
(e) Abatement of a public nuisance may be accomplished by any of the methods described in this Code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits.
(f) Each day that a violation of any provision of this Code continues shall be deemed a separate and distinct violation. Each responsible person shall be subject to separate enforcement actions, penalties, or fines for each day the violation remains uncorrected.

1.12.270 Subpoenas
(a) Purpose
This Section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code Section 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the City Council has legislative and/or appropriative authority. (b) Authority
The procedures set forth herein are authorized by California Government Code Section 37104, et seq.
(c) Issuance of Subpoena
The City Council may authorize, through the adoption of a resolution, the City Clerk (with the assistance of the City Attorney) to prepare and serve subpoenas for any matter that is described within this Section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the City Council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The Mayor shall sign all subpoenas. The City Clerk shall attest to the Mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the City Council. (d) Form of Subpoena
Subpoenas issued pursuant to this Section shall be a form approved by the City Attorney. (e) Failure to Comply
If any person refuses or fails to comply with a subpoena issued under this section, the Mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code Section 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this code for noncompliance with the subpoena(s) or under any other applicable laws.

Division 3
NOTICE
Sections:

1.12.300 SERVICE OF NOTICES.

1.12.310 PROOF OF SERVICE OF NOTICES.

1.12.320 CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS.

1.12.300 SERVICE OF NOTICES.
(a) Whenever a notice is required to be given under the Yucaipa Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) Personal service; or
(2) Regular mail; or
(3) Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
(4) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the city manager.
(b) Service by certified or regular mail in the manner described above shall be effective on the date of mailing.
(c) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.

1.12.310 PROOF OF SERVICE OF NOTICES.

Proof of service of notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eighteen years. The proof of service shall show that service was done in conformity with this code or other provisions of law applicable to the subject matter concerned.

1.12.320 CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS.

Whenever a document is recorded with the County Recorder as authorized or required by the Yucaipa Municipal Code or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.

Division 4

JUDICIAL REMEDIES
Sections:

1.12.400 JUDICIAL REMEDIES.

1.12.410 FAILURE TO APPEAR OR POST BAIL.

1.12.420 CIVIL VIOLATIONS — INJUNCTIONS AND CIVIL PENALTIES.

1.12.430 CODE ENFORCEMENT PERFORMANCE BOND.

1.12.440 JUDICIAL ABATEMENT.

1.12.450 TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS.

1.12.400 JUDICIAL REMEDIES.
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Yucaipa Municipal Code.
(b) Except as elsewhere stated in this code, any person causing, permitting, aiding, abetting, suffering or concealing a violation of this code shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the city or county jail for a period of not more than six (6) months, or by both such fine and imprisonment. (c) Except as elsewhere stated in this code, the City Attorney, in his or her sound discretion, may prosecute a violation of this code as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this code shall be punished by a fine not exceeding one hundred dollars ($100) for the first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, and a fine not exceeding five hundred dollars ($500) for a third violation within one year. A fourth violation of this code within one year shall be charged as a misdemeanor and may not be reduced to an infraction.
(d) Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.

1.12.410 FAILURE TO APPEAR OR POST BAIL.
(a) Any person who fails to appear in court in connection with a citation issued for a criminal violation of any provision of this code or to post bail in connection with that citation shall be guilty of a misdemeanor.
(b) Pursuant to and in accordance with the mandatory provisions of California Penal Code Section 853.8 or, alternatively, the mandatory provisions of California Penal Code Section 1427, whenever a person fails to appear in court or to post bail in connection with a citation issued for a criminal violation of any provision of this code, it is the intent of the city council that a warrant for the arrest of that person shall be issued.

1.12.420 CIVIL VIOLATIONS — INJUNCTIONS AND CIVIL PENALTIES. (a) In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of Yucaipa. (b) As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code.

1.12.430 CODE ENFORCEMENT PERFORMANCE BOND.

As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the Yucaipa Municipal Code, applicable state codes or any judicial action.

1.12.440 JUDICIAL ABATEMENT.

Pursuant to California Penal Code Section 372, and California Code of Civil Procedure Section 731 the City Attorney has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions in the name of the City of Yucaipa and the People of the State of California.

1.12.450 TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS.

Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.

Division 5

ADMINISTRATIVE REMEDIES
Sections:

1.12.500 ADMINISTRATIVE REMEDIES.

1.12.510 DECLARATION OF PURPOSE.

1.12.520 AUTHORITY.

1.12.500 ADMINISTRATIVE REMEDIES.

Divisions 6 through 10 establish optional administrative enforcement remedies available to the city for violations of the municipal code and applicable state codes. The general remedies issuance and recordation of notices of violation, administrative civil penalties, administrative citations, summary abatement, and administrative abatement. Divisions 11 and 12 govern the procedures for appeals and hearings relating to these administrative remedies.

1.12.510 DECLARATION OF PURPOSE.

The city council finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the Yucaipa Municipal Code and applicable state codes. The procedures established by these administrative remedies are in addition to any other legal remedy established by law which may be pursued to address municipal code and applicable state code violations.

1.12.520 AUTHORITY.

Whenever the city, through one of its department heads or enforcement officials, determines that a violation of the Yucaipa Municipal Code or applicable state code exists, the city may pursue any of the administrative remedies outlined in Divisions 6 through 10 of this code.

Sections:

1.12.600

1.12.610

1.12.620

1.12.630

1.12.640

1.12.650

1.12.660

1.12.670

1.12.680

1.12.690
Division 6

ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION
ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION.

DECLARATION OF PURPOSE.

PROCEDURES FOR ISSUANCE OF A NOTICE OF VIOLATION.

PROCEDURES FOR RECORDATION.

SERVICE OF NOTICE OF VIOLATION.

PROCEDURES TO APPEAL RECORDATION.

APPEAL HEARING.

NOTICE OF COMPLIANCE — PROCEDURES.

PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS.

CANCELLATION OF RECORDED NOTICE OF VIOLATION.

1.12.600 ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION.

This Division shall govern the procedures relating to the issuance and recordation of administrative notices of violation.

1.12.610 DECLARATION OF PURPOSE.

The city council finds that there is a need for alternative methods of enforcement for violations of the municipal code and applicable state codes which are found to exist on real property. The council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation. The procedures established in this Division shall be in addition to criminal, civil or any other remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.

1.12.620 PROCEDURES FOR ISSUANCE OF A NOTICE OF VIOLATION.

Whenever an enforcement official determines that a violation of the Yucaipa Municipal Code or applicable state code pertaining to real property exists, the enforcement official may issue a notice of violation to a responsible person. A notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of the municipal code or applicable state code, and actions necessary to correct the violations. The notice of violation shall include the following information:
(a) The name of the property's record owner;
(b) Street address;
(c) The code sections in violation;
(d) A description of the property's condition which violates the applicable codes; (e) A list of necessary corrections to bring the property into compliance; (f) A deadline or specific date to correct the violations listed in the notice of violation; (g) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits; (h) A brief description of the procedure to appeal the notice of violation including time limitations.

1.12.630 PROCEDURES FOR RECORDATION.
(a) Once an enforcement official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the enforcement official may record a notice of violation with the Recorder's Office of San Bernardino County.
(b) Before recordation, the enforcement official shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this Division. The letter shall be served pursuant to any of the methods of service set forth in Division 3 of this Chapter. The enforcement official may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property. (c) If a written appeal is not filed pursuant to the procedures set forth in this Division, the enforcement official may record the notice of violation if the violation has not been corrected. (d) The recorded notice of violation shall include the name of the property owner, the property's assessor's parcel number, the parcel's legal description, and a copy of the notice of violation.

1.12.640 SERVICE OF NOTICE OF VIOLATION.

A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Division 3 of this Chapter.

1.12.650 PROCEDURES TO APPEAL RECORDATION.
(a) An appeal of a letter of intent to record the notice of violation shall follow the procedures set forth in Divisions 11 and 12 of this code.
(b) Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Divisions 11 and 12 of this Chapter. The purpose of the hearing is for the responsible person or property owner to show cause why a notice of violation should not be recorded.
(c) The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.

1.12.660 APPEAL HEARING.
(a) The appeal shall follow the hearing procedures as set forth in Divisions 11 and 12 of this Chapter.
(b) At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:
(1) Whether the conditions listed in the notice of violation violate the Yucaipa Municipal Code or applicable state codes; and
(2) Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this code. (c) If the hearing officer affirms the enforcement official's decision, the enforcement official may proceed to record the notice of violation.
(d) If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official's decision to record the notice of violation.

1.12.670 NOTICE OF COMPLIANCE — PROCEDURES.
(a) After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a reinspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city.

(b) Once the enforcement official receives this request, the enforcement official shall reinspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.
(c) The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Division 3 of this Chapter only if the enforcement official determines that:
(1) All violations listed in the recorded notice of violation have been corrected; and (2) All necessary permits have been issued and finalized; and (3) All civil penalties and any fines have been paid; and (4) The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs. Administrative fees may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation. (d) If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Division 3 of this Chapter.
(e) The enforcement official's decision denying a request to issue a notice of compliance shall be final and non -appealable.

1.12.680 PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS.

Subject to the exception set forth herein or as otherwise provided by state law, the City of Yucaipa shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: (i) if a request to appeal the recordation of a notice of violation has not been timely filed; or (ii) after a hearing officer on appeal affirms the enforcement official's decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

1.12.690 CANCELLATION OF RECORDED NOTICE OF VIOLATION.

The enforcement official, property owner or responsible person shall record the notice of compliance with the County Recorder's Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.

Sections:

1.12.700

1.12.710

1.12.720

1.12.730

1.12.740

1.12.750

1.12.760

1.12.770

1.12.780

1.12.790

1.12.700
Division 7

ADMINISTRATIVE CIVIL PENALTIES
ADMINISTRATIVE CIVIL PENALTIES; PURPOSE; AUTHORITY
PROCEDURES — NOTICE AND ORDER.

DETERMINATION OF CIVIL PENALTIES.

ADMINISTRATIVE COSTS.

APPEAL OF ADMINISTRATIVE CIVIL PENALTY.

FAILURE TO COMPLY WITH ENFORCEMENT OFFICIAL'S NOTICE
AND ORDER.

CIVIL PENALTIES HEARING.

ADMINISTRATIVE ENFORCEMENT ORDER.

FAILURE TO COMPLY WITH THE ADMINISTRATIVE
ENFORCEMENT ORDER.

ALLOCATION OF ADMINISTRATIVE CIVIL PENALTIES.

ADMINISTRATIVE CIVIL PENALTIES; PURPOSE; AUTHORITY
(a) This Division governs the administrative assessment of civil penalties for violations of the Yucaipa Municipal Code and applicable state codes.
(b) The city council finds that there is a need for alternative methods of enforcement of the Yucaipa Municipal Code and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this Division is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.
(c) Any person violating any provision of the Yucaipa Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this Division.
(d) Each and every day a violation of any provision of the Yucaipa Municipal Code or applicable state code exists constitutes a separate and distinct violation. (e) Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer. Civil penalties may be recovered as authorized by Division 13 or subsequent legal action brought by the city attorney. (f) Civil penalties for violations of any provision of the Yucaipa Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this Division. The maximum rate shall be $2,500.00 per violation.

1.12.710 PROCEDURES — NOTICE AND ORDER.
(a) Whenever an enforcement official determines that a violation of one or more provisions of the Yucaipa Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice and order may be issued to the responsible person. (b) The Notice and order shall refer to each code section violated and describe how each section is or has been violated.
(c) The notice and order shall refer to the dates and locations of the violations. (d) The notice and order shall describe all remedial action required to permanently correct outstanding violations and establish a time frame for completion. (e) The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in Section 1.12.720 of this Division.
(f) The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected. (g) If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.
(h) The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order. (i) The notice and order shall identify appropriate hearing procedures. (j) The notice and order shall be served upon the responsible person by any one of the methods of service listed in Division 3.
(k) The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties.
(1) More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.

1.12.720 DETERMINATION OF CIVIL PENALTIES.
(a) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced

by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.
(b) The assessment of civil penalties shall end when all action required by the notice and order has been completed.
(c) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The seriousness of the violation.
(4) The history of the violation.
(5) The responsible person's conduct after issuance of the notice and order. (6) The good faith effort by the responsible person to comply. (7) The economic impact of the penalty on the responsible person. (8) The impact of the violation upon the community.
(9) Any other factors that justice may require.
(d) The city manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The city manager shall also establish procedures for the use of this penalty schedule.

1.12.730 ADMINISTRATIVE COSTS.

An enforcement official or enforcement hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include the costs of scheduling and processing the hearing and all subsequent actions.

1.12.740 APPEAL OF ADMINISTRATIVE CIVIL PENALTY.

An appeal of an administrative civil penalty shall follow the procedures set forth in Divisions 11 and 12.

1.12.750 FAILURE TO COMPLY WITH ENFORCEMENT OFFICIAL'S NOTICE AND ORDER.

An enforcement official shall request an enforcement hearing officer to establish a date, time and place for the civil penalties hearing in accordance with Divisions 11 and 12 when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Yucaipa Municipal Code or applicable state codes.

1.12.760 CIVIL PENALTIES HEARING.
(a) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Divisions 11 and 12.
(b) The enforcement hearing officer shall only consider evidence that is relevant to the following issues:
(1) Whether the responsible person has caused or maintained a violation of the Yucaipa Municipal Code or applicable state code that existed on the dates specified in the notice and order; and
(2) Whether the amount of civil penalties assessed by the enforcement official pursuant to the procedures and criteria outlined in Section 1.12.720 was reasonable.

1.12.770 ADMINISTRATIVE ENFORCEMENT ORDER.
(a) Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official's notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official's notice and order. (b) The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the Yucaipa Municipal Code or applicable state codes and to make necessary corrections.
(c) As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines.
(d) The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.

(e) The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.

1.12.780 FAILURE TO COMPLY WITH THE ADMINISTRATIVE
ENFORCEMENT ORDER.
(a) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.
(b) After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance.

1.12.790 ALLOCATION OF ADMINISTRATIVE CIVIL PENALTIES.

Administrative civil penalties collected pursuant to this Division shall be deposited in general fund.

Division 8

ADMINISTRATIVE CITATIONS
Sections:

1.12.800 DECLARATION OF PURPOSE.

1.12.810 AUTHORITY.

1.12.820 PROCEDURES.

1.12.830 CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION.

1.12.840 APPEAL OF ADMINISTRATIVE CITATION.

1.12.850 ADMINISTRATIVE ENFORCEMENT ORDER.

1.12.860 PENALTIES ASSESSED.

1.12.870 FAILURE TO PAY PENALTIES.

1.12.880 ALLOCATION OF ADMINISTRATIVE PENALTIES.

1.12.800 DECLARATION OF PURPOSE.

The city council finds that there is a need for an alternative method of enforcement for violations of the Yucaipa Municipal Code and applicable state codes. The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code Section 53069.4. The procedures established in this Division shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.

1.12.810 AUTHORITY.
(a) Any person violating any provision of the Yucaipa Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this Division.
(b) Each and every day a violation of the Yucaipa Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may issue. (c) An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city. (d) Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this Division. (e) The administrative citation process set forth in this Division does not apply to continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural or zoning issues, unless a reasonable opportunity to correct or otherwise remedy the violation is first given to the violator. Ten days shall be deemed to be a reasonable period in the case of most such continuing violations; however, a longer period, in no case to exceed thirty days, shall be allowed at the discretion of the enforcement official. Nothing in this section shall prevent the city from utilizing the administrative citation process for building, plumbing, electrical, or other similar structural or zoning violations which are transient and noncontinuing in nature, or create an immediate danger to health or safety.

1.12.820 PROCEDURES.
(a) Upon discovering any violation of the Yucaipa Municipal Code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this Division. The administrative citation shall be issued on a form approved by the city manager.
(b) In the case of a business, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can only locate the manager of the business or the person in apparent charge of the business, the administrative citation may be issued to such person, who may sign or receive the administrative citation as agent for the responsible person or owner of the business. A copy of the administrative citation shall also be served on the business owner or responsible person in the manner prescribed by Division 3.
(c) Once the responsible person is located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.

(d) If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person or posted on the property in the manner prescribed in Division 3.
(e) The administrative citation shall contain the signature of the enforcement official. (f) Provided that an administrative citation is properly issued to a responsible person, the failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this Division.

1.12.830 CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION. (a) The administrative citation shall refer to the date and location of the violations and the approximate time the violations were observed.
(b) The administrative citation shall refer to the code sections violated and describe how the sections are violated.
(c) The administrative citation shall describe the action required to correct the violations. (d) The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations. (e) The administrative citation shall state the amount of penalty imposed for the violations. (f) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty. (g) The administrative citation shall provide notice of the right to appeal. (h) The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.

1.12.840 APPEAL OF ADMINISTRATIVE CITATION.

An appeal of an administrative citation shall follow the procedures in Divisions 11 and 12.

1.12.850 ADMINISTRATIVE ENFORCEMENT ORDER.

The appeal hearing shall follow the enforcement hearing procedures set forth in Divisions 11 and

12. As part of the administrative enforcement order made pursuant to an administrative enforcement appeal, the enforcement hearing officer may reduce, waive or conditionally reduce the penalties or late fees assessed by the citation. The enforcement hearing officer may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties.

The enforcement hearing officer may assess reasonable administrative costs.

1.12.860 PENALTIES ASSESSED.
(a) If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation. The amount of the penalty shall increase at a rate specified in this Division.
(b) The penalties assessed for each administrative citation issued for the same violation shall not exceed the following amounts:
(1) First violation: $100.00;
(2) Second violation within a one-year period: $200.00; (3) Third or subsequent violation within a one-year period: $500.00. (4) Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
(5) All penalties assessed shall be payable to the city finance department.

1.12.870 FAILURE TO PAY PENALTIES.

The failure of any person to pay the administrative fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city finance director to file a claim with the small claims court. Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines.

1.12.880 ALLOCATION OF ADMINISTRATIVE FINES.

Administrative fines collected pursuant to this Division shall be deposited in the general fund.

Division 9

SUMMARY ABATEMENT
Sections:

1.12.900 DECLARATION OF PURPOSE.

1.12.910 SUMMARY ABATEMENT.

1.12.920 AUTHORITY.

1.12.930 PROCEDURES.

1.12.900 DECLARATION OF PURPOSE.

The city council finds that its purpose in adopting this Division and Division 10 is to establish a procedure for the summary abatement of public nuisances and code violations. The procedures established herein are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Yucaipa Municipal Code or applicable state code violations.

1.12.910 SUMMARY ABATEMENT.

This Division governs the procedures relating to summary abatement of public nuisances.

1.12.920 AUTHORITY.

Whenever an enforcement official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers without prior notice to the responsible person:
(a) Order the immediate vacation of any occupants and prohibit occupancy until all repairs are completed. Violation of the enforcement official's order of immediate vacation and prohibition of occupancy shall constitute a misdemeanor;
(b) Post the premises as unsafe, substandard or dangerous; (c) Board, fence or secure the building or site;
(d) Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;
(e) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and
(f) Take any other action as appropriate under the circumstances.

1.12.930 PROCEDURES.
(a) An enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the city during the summary abatement process shall be assessed and recovered against the responsible person or property owner through the procedures outlined in Section 1.12.1030. (b) The enforcement official may also pursue any administrative or judicial remedy to abate any remaining public nuisance.

Division 10

ADMINISTRATIVE ABATEMENT
Sections:

1.12.1000 DECLARATION OF PURPOSE.

1.12.1010 AUTHORITY.

1.12.1020 GENERAL PROCEDURES AND APPEALS.

1.12.1030 ABATEMENT OF A PUBLIC NUISANCE BY THE CITY.

1.12.1000 DECLARATION OF PURPOSE.

The city council finds that its purpose in adopting this Division and Division 9 is to establish a procedure for the abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Yucaipa Municipal Code or applicable state code violations.

1.12.1010 AUTHORITY.

Any condition caused, maintained or permitted to exist in violation of any provisions of the Yucaipa Municipal Code or applicable state codes which constitutes a public nuisance but which does not constitute an imminent life safety hazard may be abated by the city pursuant to the procedures set forth in this Division.

1.12.1020 GENERAL PROCEDURES AND APPEALS.
(a) Abatement Notice.
(1) Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Division 1 or as declared in a specific section of the Yucaipa Municipal Code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.
(2) The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to the Yucaipa Municipal Code or applicable state code violations which render the property a public nuisance. (3) The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.
(4) The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.
(5) The abatement notice shall identify all applicable hearing and appeal rights. (b) Service of Abatement Notice. The abatement notice shall be served by any one of the methods of service listed in Division 3.
(c) The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety. (d) Right to Appeal.

(1) The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.
(2) Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in Divisions 11 and 12 and request the enforcement hearing officer to schedule a hearing to hear any objections why the abatement should not be ordered and effected.
(3) Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public's health and safety exists.
(4) If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in Section 1.12.1030 of this Division. The hearing officer's decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer.

1.12.1030 ABATEMENT OF A PUBLIC NUISANCE BY THE CITY.
(a) Once an enforcement official follows the procedures set forth in Section 1.12.1020 of this Division and obtains authorization to abate a public nuisance, the public nuisance may be abated by city personnel or by a private contractor.
(b) City personnel or a private contractor can enter upon private property in a reasonable manner to abate the public nuisance as specified in the abatement notice or abatement order.

Interference with the city's abatement of the public nuisance by a property owner or responsible person shall constitute a misdemeanor.
(c) When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the responsible persons or property owners of each parcel, the tax assessor's parcel number and a legal description of the property. (d) The enforcement official shall request the hearing officer to schedule a confirmation of costs hearing, unless waived in writing by all responsible persons. (e) All administrative and actual costs incurred by the city in abating the public nuisance may be assessed and recovered against the responsible person.

Division 11

ADMINISTRATIVE ENFORCEMENT APPEALS
Sections:

1.12.1100 APPEAL PROCEDURES.

1.12.1110 APPEAL HEARING.

1.12.1120 FAILURE TO ATTEND AN ADMINISTRATIVE ENFORCEMENT HEARING.

1.12.1100 APPEAL PROCEDURES.
(a) A person served with one of the following documents, orders or notices may file an appeal within ten calendar days from the date of service:
(1) Any administrative abatement or civil penalties notice and order; (2) An administrative citation;
(3) A letter from an enforcement official indicating an intent to record a notice of violation. (b) The appeal shall be made in writing and filed with the City Clerk. (c) The appeal shall be accompanied by an appeal fee in an amount established by resolution of the city council.
(d) The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the effective date of the decision of the body hearing the appeal. Upon the filing of a proper appeal fines shall cease to be imposed unless such cessation would result in the continuation of a life, health, or safety risk. (e) After receiving the written notice of appeal, the enforcement official shall request an administrative enforcement hearing officer to schedule a date, time, and place for the hearing. (f) Written notice of the date, time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the person appealing the notice by any one of the methods listed in Division 3.

1.12.1110 APPEAL HEARING.

The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedures set forth in Division 12.

1.12.1120 FAILURE TO ATTEND AN ADMINISTRATIVE ENFORCEMENT HEARING.

Failure to attend the administrative enforcement hearing by the appellant shall constitute a waiver of his or her rights to an administrative enforcement hearing and administrative adjudication of the notice or any portion of the notice.

Division 12

ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES
Sections:

1.12.1200

1.12.1210

1.12.1220

1.12.1230

1.12.1240

1.12.1250
HEARING.

1.12.1260

1.12.1270

1.12.1280
ORDER.

DECLARATION OF PURPOSE.

PROCEDURES FOR NOTIFICATION OF ENFORCEMENT HEARING.

DISQUALIFICATION OF ENFORCEMENT HEARING OFFICER.

POWERS OF ENFORCEMENT HEARING OFFICER.

PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING.

FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT
ADMINISTRATIVE ENFORCEMENT ORDER.

JUDICIAL REVIEW.

FAILURE TO COMPLY WITH ADMINISTRATIVE ENFORCEMENT

1.12.1200 DECLARATION OF PURPOSE.
(a) This Division establishes the procedures for conducting administrative enforcement hearings. (b) The city council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the Yucaipa Municipal Code. It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action. (c) The city manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The city manager shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers. The hearing officers shall be appointed by resolution of the City Council.

1.12.1210 PROCEDURES FOR NOTIFICATION OF ENFORCEMENT HEARING. (a) Where an administrative enforcement remedy or proceeding authorized by this title provides for an enforcement hearing, the enforcement official may request a hearing officer to schedule a day, time and place for the hearing.
(b) Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing to the responsible person or property owner. (c) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city manager.
(d) The notice of hearing shall be served by any of the methods of service listed in Division 3.

1.12.1220 DISQUALIFICATION OF ENFORCEMENT HEARING OFFICER.

Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.

1.12.1230 POWERS OF ENFORCEMENT HEARING OFFICER.
(a) The enforcement hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.
(b) The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing. (c) The enforcement hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order. Procedures for the use of a code enforcement performance bond shall be promulgated by the city manager.

1.12.1240 PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING. (a) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall be promulgated by the city manager.
(b) The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the Yucaipa Municipal Code or applicable state code, or to establish the existence of a public nuisance.

(c) The standard of proof to be used by the enforcement hearing officer in deciding the issues at an administrative hearing is a preponderance of the evidence standard. (d) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

1.12.1250 FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT HEARING.

Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.

1.12.1260 ADMINISTRATIVE ENFORCEMENT ORDER.
(a) The decision of the enforcement hearing officer shall be made within 10 days of the hearing, entitled "Administrative Enforcement Order" and be issued in accordance with the rules and procedures promulgated by the city manager.
(b) The administrative enforcement order shall be served on all parties by any one of the methods listed in Division 3 of this code.
(c) The administrative enforcement order shall become final on the date of service of the order.

1.12.1270 JUDICIAL REVIEW.

Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus Once an administrative enforcement order becomes final as provided in this Division, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6 except as otherwise specifically provided elsewhere in this code.

1.12.1280 FAILURE TO COMPLY WITH ADMINISTRATIVE ENFORCEMENT ORDER.

It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.

Division 13

RECOVERY OF CIVIL PENALTIES, ADMINISTRATIVE COSTS AND ABATEMENT COSTS
Sections:

1.12.1300

1.12.1310
DECLARATION OF PURPOSE.

PROCEDURES FOR RECOVERING COSTS.

1.12.1320 RECOVERY OF CIVIL PENALTIES.

1.12.1330 AUTHORITY TO IMPOSE LIEN/SPECIAL ASSESSMENT.

1.12.1340 RECOVERY AS A LIEN ON PROPERTY.

1.12.1350 RECOVERY OF COSTS BY SPECIAL ASSESSMENT.

1.12.1360 REPAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES FUND.

1.12.1370 SATISFACTION OF LIEN/SPECIAL ASSESSMENT.

1.12.1300 DECLARATION OF PURPOSE.

The city council finds that, in addition to the filing of civil collection actions by the city attorney, the use of nuisance abatement liens collected as personal obligations against property owners and the use of special assessments on real property will assist in the collection of civil penalties, abatement costs, administrative costs, reinspection fees and late fees assessed pursuant to administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The city council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city's code enforcement system. The city has the authority to make the expense of enforcement actions and abatement of any nuisance a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1; or, in the alternative, the city has the authority to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel, in accordance with California Government Code Section 38773.5. The procedures established in this Division shall be used to complement existing administrative or judicial remedies which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.

1.12.1310 PROCEDURES FOR RECOVERING COSTS.

This Division governs the procedures for recovery of all administrative and actual costs incurred by the city in the recovery of civil penalties, in the abatement of a public nuisance, and for recordation and recovery of costs of enforcing nuisance abatement liens pursuant to the procedures and authority found in the California Government Code. The provisions of Government Code Sections 38771 through 38773.5 and any amendments to those sections are hereby incorporated by reference and made a part of this Division.

1.12.1320 RECOVERY OF CIVIL PENALTIES.

The enforcement official may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including referral to the finance director or city attorney.

1.12.1330 AUTHORITY TO IMPOSE LIEN/SPECIAL ASSESSMENT.

Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate,

this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

1.12.1340 RECOVERY AS A LIEN ON PROPERTY.
(a) In addition to constituting a personal financial obligation of the person or persons responsible therefor, any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real property.
(b) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city has not been satisfied in full within ninety days of the date it was imposed, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (c) The resolution shall state the amounts due and owing, the name of the agency imposing the lien (City of Yucaipa), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property. (d) A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the San Bernardino County recorder's office. (e) The notice set forth in subsection (d) shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure Section 415.10 et seq. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Bernardino County. (f) Following proper notice to the owner of record as provided in subsection (e), the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure Section 697.340 and may be extended as provided in Code of Civil Procedure Sections 683.110 to 683.220, inclusive. (g) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law. (h) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.

1.12.1350 RECOVERY OF COSTS BY SPECIAL ASSESSMENT.
(a) As an alternative to the procedure above in this Division, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost or other debt imposed by the city in connection with real property a special assessment against the subject real property.
(b) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city has not been satisfied in full within ninety days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (c) The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment (City of Yucaipa), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property. (d) A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after five years by the tax collector for unpaid delinquent assessments. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Bernardino County.

The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
(e) The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. (f) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law. (g) The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.

(h) The resolution adopted by the city council under this section shall be entitled to recordation.

1.12.1360 REPAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES FUND.

All monies recovered by payment of the charge or assessment or from the sale or transfer of the property shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.

1.12.1370 SATISFACTION OF LIEN/SPECIAL ASSESSMENT.

Once payment in full is received by the city for the outstanding debt, the finance director or his designee shall:
(a) With respect to a lien, either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder. Such notice of satisfaction shall cancel the city's lien; and (b) With respect to a special assessment, provide written notice to the tax collector that the special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall cancel the city's special assessment.

Sections:

1.12.1400

1.12.1410
Division 14

ATTORNEYS' FEES AND COSTS
DECLARATION OF PURPOSE.

RECOVERY OF COSTS.

1.12.1400 DECLARATION OF PURPOSE.

The city council hereby finds that there is a need to recover costs and fees incurred by the city to abate public nuisances. The city council further finds that the recovery of attorneys' fees in nuisance abatement actions and proceedings will further the strong public policy of encouraging the abatement of public nuisances in the city, will facilitate the city's efforts to maintain effective and efficient nuisance abatement programs within the city and will, accordingly, serve as an effective deterrent to the maintenance of public nuisances.

1.12.1410 RECOVERY OF COSTS.

Pursuant to California Government Code Section 38773.5, or its successor statutes, in any action, administrative proceeding or special proceeding to abate a public nuisance wherein the city elects at the initiation of the action or proceeding to seek recovery of its attorneys' fees, the prevailing party shall be entitled to recover the amount of its reasonable attorneys' fees incurred in the action or proceeding.

Division 15

CODE COMPLIANCE COST RECOVERY
Sections:

1.12.1500 CODE COMPLIANCE COSTS.

1.12.1510 DECLARATION OF PURPOSE.

1.12.1520 AUTHORIZATION.

1.12.1530 ASSESSMENT OF CODE COMPLIANCE COSTS.

1.12.1540 NOTICE OF ASSESSMENT OF CODE COMPLIANCE COSTS.

1.12.1550 FAILURE TO PAY CODE COMPLIANCE COSTS.

1.12.1560 COLLECTION OF CODE COMPLIANCE COSTS.

1.12.1570 PAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.

1.12.1500 CODE COMPLIANCE COSTS.

This Division governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this code establish another specific procedure for a particular type of code compliance cost recovery.

1.12.1510 DECLARATION OF PURPOSE.

The city council finds there is a need to recover costs, including legal costs, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the Yucaipa Municipal Code or applicable state codes has been obtained.

1.12.1520 AUTHORIZATION.

Whenever an enforcement official determines a property to be in violation of provisions of the Yucaipa Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code compliance costs against the responsible person or property owner.

1.12.1530 ASSESSMENT OF CODE COMPLIANCE COSTS.

A code compliance cost fee schedule shall be established and revised as necessary by the city council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the city clerk's office.

1.12.1540 NOTICE OF ASSESSMENT OF CODE COMPLIANCE COSTS. (a) Where the assessment of code compliance costs is authorized under this Division, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:

(1) An itemized list of the amounts charged;
(2) The corresponding dates when code compliance costs were incurred; (3) A deadline by which the costs must be paid; and
(4) Notice that additional fees may be charged for late payment. (b) Service of notice of the code compliance cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Division 3. (c) Code compliance costs may be assessed as part of any judicial or administrative enforcement action as provided for in this Division.
(d) The failure of any responsible person or property owner to receive notice of the code compliance cost assessment shall not affect the validity of any costs imposed under this Division.

1.12.1550 FAILURE TO PAY CODE COMPLIANCE COSTS.

The failure of any person to pay code compliance cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council.

1.12.1560 COLLECTION OF CODE COMPLIANCE COSTS.

The enforcement official shall collect the assessed code compliance costs and late fees by the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or by lien or special assessment pursuant to Division 13.

1.12.1570 PAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.

All code compliance costs and late fees recovered shall be deposited into the General Fund.

Reserved.

Sections:

1.12.1700

1.12.1710
Division 16
Division 17

PRIVATE NUISANCE ABATEMENT
Private nuisance.

Private nuisance abatement.

1.12.1700 PRIVATE NUISANCE.

No person on private property shall engage in any activity or create any condition which unreasonably disturbs, or would tend to unreasonably disturb, a person of reasonable sensibilities on private property in the same vicinity, or which is so harsh, prolonged, unnatural or unusual in use, time or place as to cause physical discomfort to such person on private property in the same vicinity, if the disturbing activity or condition can be eliminated or ameliorated with reasonable accommodation on the part of the disturbing party. As used in this Division, an unreasonably disturbing activity or condition shall include the emission of harsh, prolonged or unusual lighting from privately owned property, the emission of unreasonably loud, prolonged or unusual noise from privately owned property, or the emission of noxious, foul or nauseating odors, vapors, smoke or fumes from privately owned property.

1.12.1710 PRIVATE NUISANCE ABATEMENT
(a) Subject to the requirement of subsection (b), any person who is unreasonably disturbed, or whose property is damaged, by private nuisance activity or a private nuisance condition existing on private property as defined in Section 1.12.1700 may bring a private nuisance cause of action for damages and/or injunctive relief to abate that private nuisance. (b) Any person who intends to institute a private nuisance lawsuit pursuant to subsection (a) shall first attempt to informally resolve the dispute with the person or persons allegedly responsible for the nuisance including, if agreed to by the person allegedly responsible for the nuisance, submitting the dispute to mediation. If mediation is not successful or if the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection (a) may be initiated.

E. Code Enforcement: Chapter 1.13 of the Yucaipa Municipal Code is hereby repealed in its entirety.

F. City Seal and Logo: Chapter 1.14 of the Yucaipa Municipal Code is hereby added to read as set forth below:

CHAPTER 1.14

CITY SEAL AND LOGO

1.14.010 City Seal, Logo and Images.
(a) The city shall have and does hereby adopt an official seal and logo in the form on file with the City Clerk. The City Clerk shall be the official custodian of the seal and the City Manager shall be the custodian of the logo.
(b) The city shall from time to time cause to be created images to represent the city that are not the official city seal or logo as referenced in subsections (a) of this section, but have been commissioned to celebrate and/or commemorate notable occasions of or relating to the city. The city manager or his/her designee shall be the official custodian of such images.

1.14.020 Property of the City.

The city seal, city logo and city images are the property of the City of Yucaipa. These images may share design elements but are used for different purposes. The seal is used for purposes of certifying official records and instruments of the city. The city logo and city images are graphic symbols used to identify city programs, initiatives, partnerships and sponsorships. These images are proprietary and shall not be used in any manner except for the official business of the city, and any other use(s) permitted by the city manager consistent with this Ordinance.

1.14.030 Unauthorized Use Prohibited.

It shall be unlawful for any person to make or use the city seal, city logo, and/or city images, or any cut, facsimile or reproduction thereof, or make or use any design, symbol, emblem, insignia or similar device that is an imitation of said city seal, city logo, and city images, or that may be mistaken therefore, that is designed, intended or likely to confuse, deceive or mislead the public, for private or commercial purposes, or for any purpose other than for the official business of the city, its council, officers or departments, without the express written consent of the city clerk (seal only), city manager or their designees.

1.14.040 Administrative Policies.

The city manager is authorized to develop, implement and administer appropriate policies and guidelines for use of the city logo and city images, including without limitation use in multi - communication mediums by authorized outside entities. Any person granted consent to use the city logo and/or city images shall fully comply with such policies and guidelines.

1.14.050 Remedies and Penalties.

The city reserves all legal and equitable remedies available under state and federal laws for the protection of its intellectual property. Additionally, any person or entity violating this Chapter shall be subject to a minimum mandatory fine of not less than one hundred dollars ($100.00) per day, nor more than one thousand dollars ($1000.00) per day for each day the city seal, city logo or city images is unlawfully used.

G. Digital Records. Chapter 1.16 is hereby added to the Yucaipa Municipal Code to read as follows:

1.16.010 Digital signatures.
(a) The use of a digital signature that complies with Government Code Section 16.5, California Code of Regulations, title 2, sections 22000 - 22005, and Civil Code sections 1633.1 - 1633.17 will have the same force and effect as the use of a manual signature using ink applied to paper. For purposes of this section, a digital signature is a type of electronic signature as defined by the Uniform Electronic Transactions Act.
(b) The City Manager will, in consultation with the City Clerk, identify acceptable technologies and vendors to provide the means for employing digital signatures under this section,

consistent with industry best practices, to ensure the security and integrity of the data and the signature, identify the documents for which the city will accept digital signatures, and determine in writing which employees will be issued a digital signature and such writing will be filed with the City Clerk.

1.16.020 Authorization to Electronically Sign.

The City Council authorizes the Mayor and City Manager to sign any written contracts and conveyances approved by the City Council on the city's behalf or otherwise within the Mayor and City Manager's authority as described elsewhere in this code. The City Manager may delegate in writing his or her authority to sign any written contract and conveyance to a city staff member.

1.16.100 Authorization for the Use of Electronic Records (a) Electronic Records Authorized
The City Council hereby authorizes the use, creation, and maintenance of electronic records for all official City records, documents, and files, provided that such electronic records meet the standards and requirements outlined in this Code and applicable state and federal laws. (b) Legal Status of Electronic Records
Electronic records created, stored, and maintained in accordance with this Code and applicable laws shall have the same legal status, effect, and enforceability as their original hard copy counterparts, and may be used in place of paper records for all City purposes, including public access, litigation, and administrative matters.
(c) Standards for Electronic Records
Electronic records shall be created, maintained, and stored using systems that:

1. Ensure the accuracy, legibility, and completeness of the original document or record.

2. Provide secure access controls to protect the records from unauthorized access, alteration, deletion, or destruction.

3. Include an indexing or retrieval system to facilitate efficient and accurate access to records for the duration of their required retention period.

4. Include regular data backup and disaster recovery procedures to protect records from accidental loss, damage, or destruction.

1.16.110 Destruction of Hard Copies After Electronic Record Creation (a) Authorization to Destroy Hard Copies

The City Clerk is authorized to destroy original hard copies of City records after an electronic version of the record has been created and stored, provided that the following conditions are met:

1. The electronic record is a complete, accurate, and legible reproduction of the original hard copy, including all signatures, notations, and attachments, if applicable.

2. The electronic record is maintained in a secure and reliable electronic records management system that complies with the standards outlined in this Chapter.

3. The retention period for the record, as specified in the City's records retention schedule, is not shorter than the retention period required for the original hard copy.

4. The original hard copy is not required to be maintained by law, regulation, or court order.

5. The destruction of hard copies of City records pursuant to this ordinance shall comply with the requirements of California Government Code §§ 34090 and 34090.5, and any other applicable state or federal laws, including any records retention schedule adopted by the City Council.
(b) Records Eligible for Destruction
The following categories of records may be destroyed after digitization, unless prohibited by law or otherwise specified in the City's retention schedule:

1. Routine administrative records, correspondence, and reports.

2. Financial records, including receipts, invoices, and accounting documents, that are eligible for electronic storage under state law.

3. Contracts, agreements, and other legally binding documents, provided the electronic record meets the legal standards for enforceability.

4. Any other record for which the original hard copy is not legally required to be preserved. (c) Prohibited Destruction of Hard Copies
The City Clerk shall not authorize the destruction of original hard copy records in the following circumstances:

1. The original hard copy is required by law or regulation to be maintained in its original format.

2. The records are subject to ongoing or anticipated litigation, audits, claims, or investigations, or are otherwise under a legal hold.

3. The records are deemed to be of historical significance, or are otherwise identified for permanent retention in hard copy form under the City's retention schedule.

1.16.120 Procedures for Scanning, Storage, and Certification of Electronic Records (a) Scanning Procedures
The City Clerk shall ensure that all records digitized and stored electronically are scanned at a resolution and quality sufficient to ensure that the electronic copy is a true, accurate, and complete representation of the original record, including any details such as signatures, dates, and annotations.
(b) Certification of Electronic Records
The City Clerk shall certify that the scanned electronic records are true and complete copies of the original hard copy records prior to authorizing the destruction of the originals. This certification must be kept with the electronic record and shall be available for review by authorized personnel. (c)
Storage of Electronic Records
The City Clerk shall ensure that electronic records are stored in a secure and reliable manner, meeting the following criteria:

1. Compliance with applicable state and federal laws concerning electronic records and records retention, including but not limited to California Government Code § § 34090 and 34090.5.

2. Implementation of appropriate backup, security, and disaster recovery measures to safeguard records against loss, destruction, or unauthorized access.

3. Accessibility of the electronic records for the entire duration of the applicable retention period, and the ability to produce paper or electronic copies upon request.

1.16.130 Record of Destruction
(a) Recordkeeping of Destroyed Hard Copies
The City Clerk shall maintain a detailed log of all original hard copy records destroyed pursuant to this ordinance. The log shall include:

1. A description of the records destroyed, including the type of record and relevant dates.

2. The date the records were scanned into an electronic system.

3. The date the original hard copies were destroyed.

4. The certification that the electronic copy is a true and accurate reproduction of the original hard copy.
(b) Public Access to Records
The log of destroyed records shall be made available for public inspection in accordance with the California Public Records Act and the City's records management policies.

H. City Council: Chapter 2.04 of the Yucaipa Municipal Code shall be amended to read as follows:

CHAPTER 2.04

THE CITY COUNCIL

2.04.010 Time and Place of Regular Meetings.
(a) The regular meeting days and times for the City Council of the City of Yucaipa shall be on the days and times specified by resolution of the City Council. (b) The regular meeting place of the City Council of the City of Yucaipa shall be in the Yucaipa City Council Chambers, located at City Hall, unless such other location is noticed on the agenda.

2.04.020 Compensation
(a) Purpose. The ordinance codified in this section is enacted pursuant to Section 36516 of the Government Code, which authorizes a city council to provide by ordinance that each member of the council may receive a compensation based upon the population of the city as determined by census or by a certified estimate made by the State Department of Finance.
(b) Population. On the date the ordinance codified in this section is adopted, the latest estimate of population of the city of Yucaipa made by the State Department of Finance is 51,784. (c) Compensation. Each member of the city council shall receive the sum of five hundred dollars ($500.00) per month. The compensation is payable at the same time and in the same manner as the compensation paid to each of the officers and employees of the city. (d) Increase or Decrease. Increases and decreases in the city council compensation shall be in conformance with Sections 36516 and 36516.5 of the Government Code. The effective date of an adjustment in the compensation of the city council members is delayed pursuant to Section 36516 until one council member commences a new term of office when such adjustment is by an ordinance adopted in accordance with this section and is based on an increase in the city's population.
(e) Reimbursement. The salaries prescribed by this section are exclusive of any other amount payable to a member of the city council as reimbursement for actual and necessary expenses incurred by him or her in the performance of his or her official duties. (Ord. 270 §§ 1-5, 2007)

2.04.030 Appointment of Mayor and Mayor Pro Tem
(a) Each year during the month of December, the City Council shall appoint one of its members as Mayor and one of its members as Mayor Pro Tem for the following calendar year. (b) Should a majority of the City Council vote to remove the then -serving Mayor or Mayor Pro Tem from their position, or the then -serving Mayor or Mayor Pro Tem vacate their office of City Councilmember, or should the member serving as Mayor or Mayor Pro Tem resign their service as Mayor or Mayor Pro Tem during their term, the City Council shall by majority vote select another member to fill the position for the remainder of that year.

2.04.040 Appointment Procedures for Filling Vacancy
(a) Announcement of Vacancy and Invitation for Applications. Upon the City Clerk receiving a written resignation from a Councilmember, or upon the death of a Councilmember, or upon the determination by the City Council that a vacancy exists for some other reason, the Clerk shall post a notice of the vacancy and invite applications from Yucaipa residents residing in said District for appointment to the vacancy. The City Clerk shall provide an application form to any person qualified for appointment who requests an application. The application forms shall generally follow the content of application forms for appointment to other City committees or commissions, and specify the applicant's name, address, contact information, interest in the position, qualifications and other pertinent information. The application form shall state that any applications submitted are deemed to be public records and available for public inspection and copying.
(b) Consideration of Applications. The City Council, at a meeting set either by the Mayor or by the City Council, may consider the applications received during any regular or special meeting of the City Council. The City Council may conduct public interviews of the candidates and the public shall have the opportunity to comment upon the candidates as a part of the agenda item. If the City Council determines to appoint a candidate to fill a vacancy, it shall do so within sixty (60) calendar days of the effective date of the vacancy. In the case of a resignation, the effective date of the resignation shall be the date specified in the resignation for its effectiveness to occur. An appointment will be deemed to have been made upon a motion made and seconded and having received at least a majority of the City Councilmembers present. Upon an appointment having been made, the successful candidate shall, at that meeting or at a subsequent regular City Council meeting, take the oath of office and be seated with the City Council. No appointment shall be deemed to have been completed and become effective until the appointee takes the oath of office. (c) Nothing in subsection (a) or (b) above shall be construed to limit the ability or interfere with the right of the City Council to make a direct appointment without considering applications or to call a special election for the purpose of filling the vacancy. (d) Powers and Duties. Any person appointed to the City Council shall serve the unexpired term of the Councilmember who has been replaced. The appointed Councilmember shall have all of the rights, privileges and duties of an elected Councilmember. The City Council may appoint the appointed Councilmember to the committee assignments held by his/her predecessor, or may

determine to make other committee appointments, or no committee appointments. The appointed Councilmember shall complete and file all conflict of interest disclosure forms as are required by law and shall be bound by and obey all other requirements pertaining to membership on the City Council.

I. City Manager: Chapter 2.08 of the Yucaipa Municipal Code shall be amended to read as follows:

CHAPTER 2.08

CITY MANAGER

2.08.010 Position Created.
(a) The position of the City Manager of the City of Yucaipa is hereby created and established pursuant to Government Code Section 34851, et seq.
(b) The city manager and acting city manager shall furnish a corporate surety bond in such sum as may be determined by the city council, and shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city.

2.08.020 Acting City Manager.
(a) The City Manager shall have on file with the Mayor, City Attorney, and the City Clerk a written designation of one of the officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. (b) In case of the absence or disability of the City Manager and failure to designate an Acting City Manager, or in the case of the absence or disability of the City Manager for more than 30 calendar days, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of said City Manager.

2.08.030 Compensation.

The City Manager shall receive such compensation as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties.

2.08.040 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. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following subsections.

(a) Law Enforcement. It shall be the duty of the city manager to 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) Authority Over Employees. It shall be the duty of the city manager, and he or she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads.
(c) Power of Appointment and Removal. It shall be the duty of the city manager to, and he or she shall appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney.
(d) Administrative Reorganization of Offices. It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.
(e) Ordinances. It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary. (f) Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the city council unless at his or her request he or she is excused there from by the mayor individually or the city council, except when his or her removal is under consideration. (g) Financial Reports. The City Manager shall serve as the City Treasurer and it shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.
(h) Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (i) Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his or her authorized representative. The city manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all departments or divisions of the city.
(j) Investigations and Complaints. It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the city manager 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. (k) Public Buildings. It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the city council.

(1) Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council.

2.08.050 Internal Relations.
(a) Council -Manager Relations. The City Council and its members shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. 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 councilmember shall give any orders or instructions to the City Manager. (b) Department Cooperation. It shall be the duty of all subordinate officers to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. (c) Attendance at Commission Meetings. The City Manager may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the City Council. At such meetings, the City Manager shall be heard by such commissions, boards or committees as to all matters the City Manager wishes to address to the members thereof, and inform the members as to the status of the matter being considered by the City Council. The City Manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.

2.08.060 Termination.

The City Manager may be terminated by the City Council at any time subject to such conditions which may be agreed to pursuant to Section 2.08.070.

2.08.070 Agreement on Employment.

Nothing in this section shall be construed as a limitation on the power or authority of the City Council to enter into any agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this chapter.

J. Other Officers: Chapter 2.10 of the Yucaipa Municipal Code shall be added to read as follows:

CHAPTER 2.10

CITY OFFICERS

2.10.010 City Clerk.
(a) The office of the City Clerk is created and established pursuant to Government Code Section 34856.
(b) The City Manager shall have the power to appoint and remove the City Clerk as well as any deputies as may be necessary for the efficient discharge of the duties of the office.

2.10.020 City Clerk Functions.

The City Clerk shall have all of the powers, 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, other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the City Council; provided, however, pursuant to the provisions of Section 40805.5 of the Government Code, the financial and accounting duties imposed upon the City Clerk by Sections 40802 through 40805 of the Government Code shall be performed by the Finance Director.

The principal functions of the City Clerk shall be to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining 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 will 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;
(f) Prepare the Council agendas under the direction of the City Manager; (g) Perform the duties prescribed by the Elections Code of the State in conducting municipal elections;
(h)
(i)
G)
Perform the duties imposed upon City clerks by the California Political Reform Act; Be responsible for the publication of all the official advertising of the City; Be responsible for the maintenance and distribution of the Municipal Code. The City Clerk is hereby authorized, without further action by the City Council, to correct any typographical, clerical, or grammatical errors in the Code. Such corrections shall not alter the substance or meaning of the ordinance. The City Clerk is further authorized, without further action by the City Council, to make modifications to the numbering, formatting, and internal references in this Code, as may be necessary to ensure consistency. This may include renumbering sections, subsections, paragraphs, and cross-references, provided that no substantive changes are made;

(k) Process and refer to the City Manager all claims filed against the City and its officers, agents, or employees, pursuant to the provisions of Chapter 1 of Part 3 of Division 3 of Title 1 of the Government Code of the State and Chapter 3.12 of Title 3 of this Code; and (1) Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council.

2.10.100 Finance Director
(a) The office of Finance Director is hereby created and established. (b) The City Manager shall have the power to appoint and remove the Finance Director as well as any deputies as may be necessary for the efficient discharge of the duties of the office.

2.10.110 Finance Director Functions
(a) The Finance Director shall serve as a Deputy City Treasurer, and assist the City Manager in performing those duties described in Sections 41001 through 41007 of the Government Code. (b) The Finance Director shall perform such duties as may be from time to time delegated by the City Manager, including but not limited to, those duties described in Government Code Sections 40802, 40804, 40805, 36522 and 37201 through 37210. (c) The Finance Director shall perform such other duties as may be provided in the class specifications for the Finance Director as may be adopted by the City Council from time to time.

2.10.200 City Attorney
(a) The office of the City Attorney is hereby established for the City of Yucaipa. The City Attorney shall serve as the chief legal advisor to the City Council, the City Manager, and all City departments, commissions, and agencies, and shall perform such other legal duties as may be required by law and the City Council.
(b) The City Attorney shall be appointed by, and serve at the pleasure of, the City Council.

The City Attorney may be removed from office by a majority vote of the City Council. (c) The City Attorney must be an attorney licensed to practice law in the State of California and must be in good standing with the State Bar of California. The City Attorney have at least five years of experience in municipal law, including knowledge of the California Government Code, California Public Records Act, the Ralph M. Brown Act, and other laws governing the operation of cities in California.

2.10.220 City Attorney Functions
(a) The City Attorney shall serve as the legal advisor to the City Council, the City Manager, and all City departments, officers, employees, commissions, boards, and other bodies of the City.

The City Attorney shall render legal advice on all matters relating to the operation and governance of the City.

(b) The City Attorney shall represent and defend the City, its officers, employees, and agents in any legal or administrative proceeding in which the City is a party or has a legal interest, unless otherwise directed by the City Council. The City Attorney may engage outside legal counsel as necessary, subject to the appropriation of necessary funds by the City Council. (c) The City Attorney shall draft, review, and approve the form of all ordinances, resolutions, contracts, leases, deeds, and other legal documents affecting the City. (d) The City Attorney upon approval of the City Council, is authorized to initiate, prosecute, and enforce any and all legal actions or proceedings in the name of the People of the State of California or the City of Yucaipa to ensure compliance with the City's municipal code, ordinances, resolutions, and other local regulations, as well as applicable state and federal laws within the City's jurisdiction. This authority includes, but is not limited to, civil, criminal, and administrative actions necessary to abate nuisances, recover penalties, or seek injunctive or declaratory relief. (e) The City Attorney shall attend all meetings of the City Council, unless excused by the City Council, and shall attend such other meetings of City boards, commissions, or committees as requested by the City Council or City Manager.
(f) The City Attorney shall conduct investigations as directed by the City Council or City Manager and shall provide written or oral legal opinions as requested by the City Council or the City Manager.
(g) The City Attorney shall perform such other legal duties as may be assigned by the City Council or required by state law or the City's municipal code.

K. Parks and Recreation Commission. Chapter 2.12 of the Yucaipa Municipal Code is hereby amended to read as follows:

2.12.010 Park and recreation commission created.

There is created and established in the city a park and recreation commission.

2.12.020 Membership and term of office.

The park and recreation commission shall consist of six members, five of which shall be appointed one by each city councilmember. The sixth member shall be a high school or college student, attending school in the city of Yucaipa, appointed by the city council as a body, upon recommendation of the remainder of the park and recreation commission. The terms of office and the expiration of the terms shall be established by resolution of the city council

2.12.030 Membership —Position to be nonsalaried.

Members of the park and recreation commission shall receive no salary; provided, however, that nothing in this chapter shall preclude reimbursement to any member of the park and recreation commission for actual and necessary expenses incurred in the performance of official duties by the commission on behalf of the city.

2.12.060 Powers and duties.

The park and recreation commission shall have the following powers and duties:

A. Recommend policies and procedures to the city council for the operation, use and management of all recreation activities, facilities, parks, parkways, open space and trails; and making recommendations to the city council on existing policies and procedures; B. Assist staff in drafting and submitting an annual budget for park and recreation activities, including a long range capital improvement program;
C. Review joint use agreements for park and recreational facilities with the county, school district, community college district, and other persons, organizations and agencies; D. Recommend policies to the city council for the acquisition, development and improvement of city parks and recreational facilities and making recommendations to the city council on existing policies;
E. Review and make recommendations to the city council regarding fees and charges for park and recreation services and the use of facilities;
F. Assist in the development of open space and public facilities elements of the city's general plan by reviewing those elements and making recommendations to the city council; G. Perform other duties and undertake studies as requested by the city council.

2.12.070 Secretary.

The city manager, or designee, shall act as secretary to the park and recreation commission, and shall be the custodian of its records, conduct official correspondence, and coordinate the clerical and technical work of the commission in administering the provisions of this chapter.

2.12.080 Chairperson and vice -chairperson —Selection and terms. (a) Annually, the Parks and Recreation Commission shall appoint one of its members as Chairperson and one of its members as Vice -Chairperson for the year. (b) Should a majority of the Commission vote to remove the then -serving Chairperson or Vice - Chairperson from their position, the then -serving Chairperson or Vice -Chairperson vacate their office Commissioner, or should the member serving as Chairperson or Vice -Chairperson resign their service as Chairperson or Vice -Chairperson during their term, the Commission shall by majority vote select another member to fill the position for the remainder of that year.

2.12.090 Commission subcommittees.

The park and recreation commission may form subcommittees of its own members, to deal with any issue within the powers and duties of the commission as defined by this chapter.

2.12.100 Meetings.

Regular meetings of the park and recreation commission shall be scheduled at least once a month.

L. City Investments. Chapter 3.06 of the Yucaipa Municipal Code shall be added to read as follows:

CHAPTER 3.06

CITY INVESTMENTS

3.06.010 Investment of City Funds.
(a) Pursuant to Government Code § 53601, the City Council has the authority to invest or reinvest City funds. This authority may be delegated to the City Treasurer. The City Treasurer shall have the duty to enforce the investment policy of the City as may be adopted from time to time by the City Council. The City Council may review the City's investment policy during its consideration of the annual budget or such other time as determined by the City Council. The City Treasurer shall have the duty to recommend additions, deletions or modifications to the investment policy for consideration by the City Council. The City Treasurer shall perform those duties established by the general laws of the state relating to the management and investment of city money.
(b) If the City Council delegates its authority to invest or reinvest City funds to the City Treasurer, the City Treasurer shall present monthly reports on investments to the City Council.

M. Claims: Section 3.08.030 of the Yucaipa Municipal Code is hereby amended to read as follows:

3.08.030. Special claims procedures.

Pursuant to the authority contained in Cal. Gov't Code § 935, the following claims procedures are established for those claims against the City for money or damages not now governed by State or local laws:
(a) Employee claims. Notwithstanding the exceptions contained in Cal. Gov't Code § 905, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, and any other expenses or allowances claimed due from the City, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Cal.

Gov't Code §§ 910 through 915.2. Such claims shall further be subject to the provisions of Cal.

Gov't Code § 945.4 relating to the prohibition of suits in the absence of the presentation of claims and action thereon.

(b) Contract and other claims. In addition to the requirements of subsection (a) of this section, and notwithstanding the exemptions set forth in Cal. Gov't Code § 905, all claims against the City for damages or money, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Cal. Gov't Code §§ 910 through 915.2. Such claims shall further be subject to the provisions of Cal. Gov't Code § 945.4 relating to the prohibition of suits in the absence of the presentation of claims and action thereon.
(c) Nothing herein shall permit the filing of a claim or action on behalf of a class or group.

N. Claims: Section 3.08.050 of the Yucaipa Municipal Code is hereby amended to read as follows:

3.08.050. Claims covered by insurance.

All claims filed with the City Clerk, which claims are covered by insurance, shall be forwarded by the City Clerk, after action thereon by the City Manager or his or her designee, to the appropriate insurance carrier for handling and further processing.

O. Claims: Section 3.08.070 is hereby added to the Yucaipa Municipal Code to read as follows:

3.08.070 No enjoining collection of taxes, assessments, or fees/payments required as condition to filing suit.

Notwithstanding any other provision of this Code, no injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof, to prevent or enjoin the collection of taxes, assessments, or fees (whether established by ordinance, resolution or other action of the City) which are sought to be collected from any person, or are otherwise due and owing from any person to the City pursuant to this Code or otherwise, and payment of all said taxes, assessments, fees, plus any interest and penalties shall be required as a condition precedent to seeking judicial review of any tax, assessment or fee liability. For purposes of this section, the term "City" shall include, but not be limited to any agency, district or entity formed or governed by the City.

P. Definition of Vehicle: The definition of vehicle in Section 12.04.010 shall be amended to read as follows:
"Vehicle" means any device by which a person or property may be propelled, moved, or drawn upon a highway, roadway, or other surface, including but not limited to automobiles, trucks, motorcycles, mopeds, motorized scooters, off -road vehicles, bicycles, electric bicycles, skateboards, or any similar mode of transportation, whether motorized or non -motorized.

This definition excludes:

Devices moved exclusively by human power (such as wheelchairs, strollers, or walkers) intended for the use of individuals with mobility disabilities.

Emergency vehicles or vehicles authorized by the City for maintenance, law enforcement, or public safety purposes.

Vehicles otherwise authorized by special permit or city regulation for specific events or uses within the park.

Q. Definition of Recreational Facilities: A definition for Recreational Facilities shall be added to Section 12.04.010 to read as follows:

Recreational Facility means any area of land or water owned, leased, managed, or maintained by the City, designated or used for public recreational purposes, including but not limited to public parks, playgrounds, open spaces, nature reserves, trails, beaches, sports fields, golf courses, dog parks, public plazas, picnic areas, athletic courts, swimming pools, community centers, amphitheater, concert venues, performing arts centers and any associated structures, buildings, parking areas, or other facilities within these spaces.

R. Animals in Recreational Facilities: Section 12.04.070 is hereby amended to read as follows:

12.04.070 Animals Prohibited -Exceptions.

No person shall cause, permit or allow any animal owned or possessed by him, or any animal in his care, custody, or control to be present in a Recreational Facility except:
(a) Horses (equine animals) upon bridle paths or other designated trails, hitched or fasted at a designated location, or at a Recreational Facility designated for horseback riding, equestrian training, or related activities
(b) Dogs or cats when led by a leash, cord or chain not more than six feet long, or when confined within the interior of a vehicle.
(c) Dogs are permitted in areas specifically designated and posted by the City as dog parks or off -leash dog areas, subject to applicable rules and regulations governing the use of such areas. (d) Animals under the control of law enforcement personnel, emergency personnel, or other government agencies performing official duties within a Recreational Facility. (e) Animals that are individually trained to perform tasks or provide assistance to a person with a disability, as defined by the Americans with Disabilities Act (ADA), are permitted in all areas open to the public, including recreational facilities. (f) Small pets which are always kept on the person of the possessor at all times.

(g) As otherwise authorized by special permit or city regulation for specific events or uses within the Recreational Facility.

S. Emergency Services and Organization: Chapter 8.36 is hereby amended to read as follows:

CHAPTER 8.36

EMERGENCY ORGANIZATION AND FUNCTIONS

8.36.010 Purpose.

The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.

8.36.020 Definition of Emergency.

As used in this chapter "Emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. A declared emergency by the City Council shall continue until rescinded by the City Council.

8.36.030 Reserved.

8.36.040 Emergency Plan.

The Director of Emergency Services shall develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.

8.36.050 Director and Assistant Director of Emergency Services. (a) There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(b) There is hereby created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.

8.36.060
Services.

Powers and Duties of the Director and Assistant Director of Emergency (a) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
(2) Request the Governor to proclaim a State of Emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this section.
(4) Direct cooperation between and coordination of services and staff of the emergency organization of this City and resolve questions of authority and responsibility that may arise between them.
(5) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Secretary of the California Emergency Management Agency, or the existence of a state of war emergency, the Director is empowered to:

A. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; B. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; C. Require emergency services of any City officer or employee and in the event of the proclamation of a State of Emergency in the County in which this City is located or the existence of a State of War Emergency, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
D. Requisition necessary personnel or material of any City department or agency; and

E. Execute all of the ordinary powers of City Manager, all of the special powers conferred upon him/her by this section or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by any statute, by any agreement approved by the City Council, and by any other lawful authority. (b) The Emergency Operations Center Director shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Such order of succession shall be approved by the City Council.
(c) The Assistant Director shall, under the supervision of the Director and with the assistance of Emergency Service Chiefs, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director.

8.36.070 Emergency Organization.

All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section

8.36.060(a)(6), be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City of Yucaipa.

8.36.080 Emergency Plan.

The Director of Emergency Services shall be responsible for the development of the City of Yucaipa Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.

8.36.090 Expenditures.

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Yucaipa. This section modifies the City's normal purchasing practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City will able to acquire the goods and services required to address an immediate threat to life, public health or safety, or to eliminate/reduce an immediate threat of significant damage to improve public and private property through cost-effective measures while still maintaining an effective purchasing process and complying with applicable local and State purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this policy also assures that City procurements comply with Federal

regulations applicable to FEMA disaster grant reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200 (2 CFR Part 200).
(a) A proclaimed disaster or emergency exists if the Governor has declared a state of emergency for an area which includes the geographic territory of the City; or the City Manager of the City has declared an emergency in the City;
(b) "Exigent circumstances" are situations in which a disaster or emergency has been proclaimed, and the public exigency for goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures will not permit competitive solicitation.

8.36.100 Delegations of Purchasing Authority in Exigent Circumstances.

If the City Manager determines that goods and services must be procured before the City Council or its designee(s) is able to assemble and approve purchases, the City Manager has authority, subject to the limitations set forth in subsections (a) and (b) of this section, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures.
(a) Limits of Single Purchasing Authority. The City Manager shall have the authority to make individual purchases up to $250,000 on his or her signature alone. The City Manager shall have the authority to make purchases in excess of $250,000 up to a maximum of $750,000 when approved by the City Council.
(b) Limits of Aggregate Purchasing Authority. The City Manager shall have the authority to make aggregate purchases up to $250,000 on his or her signature alone. Purchases in excess of $250,000 shall be approved by the City Council.
(c) Purchases made during a proclaimed emergency or disaster may be taken from the reserve balance of the Emergency Contingency Fund Balance to the extent they exceed previously budgeted items.
(d) If the City Manager is not available, the Fire Chief, the Police Chief, Director of Development Services and/or Police Department Watch Commander, have authority to rent or purchase from the nearest available source any equipment, supplies, services, or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost- effective measures, up to a maximum of $75,000.

8.36.110 Procurement Procedures in Exigent Circumstances.

Upon receipt of requisitions under Section 8.36.100, the Finance Director shall prepare purchase orders for the emergency equipment, supplies, services or other items in accordance with the requirements of this section and shall implement such competitive bidding procedures are in his or her judgment appropriate considering the circumstances.

8.36.120 Punishment of Violations.

It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
(a) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him/her by virtue of this section. (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to be given or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof.
(c) Wear, carry, or display, without authority, any means of identification specified by the Emergency Agency of the State.

T. Title 4 Language: Title 4 of the Yucaipa Municipal Code shall be amended to read as follows:

TITLE 4 TELECOMMUNICATIONS REGULATIONS
Chapter 4.04 — State Video Service Franchises
Sections:

4.04.005 General provisions.

4.04.010 Definitions.

4.04.015 Franchise fees.

4.04.020 Customer service.

4.04.030 Permits and construction.

4.04.040 Emergency alert system.

4.04.050 Public, educational, and government access channel capacity, support, interconnection, and signal carriage.

4.04.060 Notices.

4.04.005 General provisions.
(a) Purpose.

This Chapter is applicable to video service providers who have been awarded a state video franchise under the California Public Utilities Code Section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006 ["DIVCA"]) to provide cable or video services in any location(s) within the incorporated boundaries of the city as that law may be amended from time to time. It is the purpose of this section to implement within the incorporated boundaries of the city the provisions of DIVCA and the rules of the California Public Utilities Commission promulgated thereunder that are applicable to a "local franchising entity" or a "local entity" as defined in DIVCA.
(b) Rights Reserved.
(1) The rights reserved to the city under this chapter are in addition to all other rights of the city, whether reserved by this title or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the city. (2) Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:

A. Compliance with applicable requirements for the privilege of transacting and carrying on a business within the city, including, but not limited to, compliance with the conditions that the city may establish before facilities may be constructed for, or providing, nonvideo services;
B. Any permit or authorization required in connection with operations on or in public rights -of -way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits and street cut permits; and C. Any permit, agreement or authorization for occupying any other property of the city or any private person to which access is not specifically granted by the state franchise. (3) No permit issued by the city to a state franchise holder is itself a franchise, nor shall any permit create a vested right that would prohibit the city from revoking or amending the permit. (c) Compliance with City Ordinances. Nothing contained in this Chapter shall be construed so as to exempt a state franchise holder from compliance with all ordinances, rules or regulations of the city now in effect or which may be hereafter adopted which are consistent with this Chapter or California Public Utilities Code Section 5800 et seq., or any obligations under any franchise issued by the city insofar as those obligations may be enforced under California Public Utilities Code Section 5800 et seq.
(d) Compliance with DIVCA. When a video service provider holding a state franchise provides notice to the city pursuant to 5840(m) of DIVCA that it is commencing to provide video service to the city, a holder of a local franchise is entitled to seek a state franchise pursuant to 5930(c) and upon issuance of a state franchise by the California Public Utilities Commission for the franchise area the local franchise shall terminate.

4.04.010 Definitions.
(a) Definitions Generally — Interpretation of Language. For purposes of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section.

Words not defined in this section shall have the same meaning as established in: (1) DIVCA, and if not defined therein, (2) California Public Utilities Commission rules implementing DIVCA, and if not defined therein, (3) Title VI of Title 47 of the Communications Act of 1934, as amended, 47 U.S.C. Section 521 et seq., and if not defined therein, (4) their common and ordinary meaning.

When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and "including" and "include" are not limiting. The words "shall" and "will" are always mandatory, but the use of those terms grants no private rights to any person with respect to the city. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. (1) "Gross revenues" means all revenues actually received by the holder of a state franchise or its affiliates that are derived from the operation of the holder's network to provide cable service or video service within the incorporated areas of the city. (2) "PEG access," or "PEG," means the availability of a cable or state franchise holder's system for public, educational, or governmental use by various agencies, institutions, organizations, groups, and individuals, including organizations, groups, or individual members of the general public, educational institutions, and the city and its designated access providers, to acquire, create, and distribute programming not under a state franchise holder's editorial control. (3) "State franchise holder" means a cable operator or video service provider that has been issued a franchise by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in California Public Utilities Code Section 5830, within any portion of the incorporated limits of the city.

4.04.015 Franchise fees.
(a) State Franchise Fees. Any state franchise holder operating within the incorporated areas of the city shall pay to the city a state franchise fee equal to five percent of gross revenues that may be subject to a franchise fee under California Public Utilities Code Section 5860. (b) Payment of Franchise Fees. The state franchise fee required pursuant to this section shall be paid quarterly, in a manner consistent with California Public Utilities Code Section 5860. The state franchise holder shall deliver to the city, by check or other means, which shall be agreed to by the city, a separate payment for the state franchise fee not later than 45 days after the end of each calendar quarter. Each payment made shall be accompanied by a report, detailing how the payment was calculated, and shall include such additional information on the appropriate form as designated by the city.

(c) Examination of Business Records. The city may examine the business records of the holder of a state franchise in a manner consistent with California Public Utilities Code Section 5860(i). (d) Late Payments. In the event a state franchise holder fails to make payments required by this section on or before the due dates specified herein, the city shall impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent.

4.04.020 Customer service.
(a) Customer Service Standards. A state franchise holder shall comply with Sections 53055, 53055.1, 53055.2 and 53088.2 of the California Government Code; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603, and 76.1619 of Title 47 of the Code of Federal Regulations; Section 637.5 of the California Penal Code; the privacy standards of Section 551 of Title 47 of the United States Code; and, to the extent consistent with DIVCA, all other applicable state and federal customer service and consumer protection standards pertaining to the provision of video service, including any such standards hereafter adopted. In case of a conflict, the stricter standard shall apply. All customer service and consumer protection standards under this subsection shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards. (b) Penalties for Violations of Standards. The city shall enforce the compliance of state franchise holders with respect to the state and federal customer service and consumer protection standards set forth in this section. The city will provide a state franchise holder with a written notice of any alleged material breaches, as defined in California Public Utilities Code Section 5900, of applicable customer service or consumer protection standards, and will allow the state franchise holder 30 days from the receipt of the notice to remedy the specified material breach.

Material breaches not remedied by a state franchise holder within the 30-day time period, irrespective of the number of customers affected, will be subject to the following penalties to be imposed by the city:
(1) For the first occurrence of a material breach, a fine of $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation. (2) For a second material breach of the same nature within 12 months, a fine of $1,000 may be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.
(3) For a third material breach of the same nature within 12 months, a fine of $2,500 may be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.
(c) Any penalties imposed by the city shall be imposed in a manner consistent with California Public Utilities Code Section 5900.

4.04.030 Permits and construction.
(a) Except as expressly provided in this Chapter, all provisions of the Yucaipa Municipal Code, and all city administrative rules and regulations developed to any of these provisions, as now existing or as hereafter amended, shall apply to all work performed by or on behalf of a state franchise holder on any city public rights -of -way, public property, or city easement. (b) Permits. Prior to commencing any work for which a permit is required by this Code, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of this Code and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Division 13 of the California Public Resources Code, Section 21000 et seq. (the California Environmental Quality Act).
(c) The city manager or their designee shall either approve or deny state franchise holder's application for any permit required under this Code title in the time period required by law. (d) If the city manager denies a state franchise holder's application for a permit, the city manager shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.
(e) A state franchise holder that has been denied a permit by final decision of the city manager may appeal the denial to the city council using the procedure provided in Section 1.04.130 of this Code.
(f) The issuance of a permit is not a franchise, and does not grant any vested rights in any location in the public rights -of -way, or in any particular manner of placement within the rights -of - way. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place facilities underground, in accordance with applicable law.

4.04.040 Emergency alert system.

Each state franchise holder shall comply with the emergency alert system requirements of the Federal Communications Commission in order that emergency messages may be distributed over the state franchise holder's network. As such capability was required under local franchises in effect in the city on January 1 to December 30, 2006, and as consistent with Public Utilities Code Section 5880, each state franchise holder shall install and maintain equipment to allow the San Bernardino County Office of Emergency Services to air audio and video messages on the video system to alert subscribers to emergency situations. This capability shall be remotely activated without the assistance of the state franchise holder and shall allow a representative of the city to override the audio and video on all channels, except those where grantee has, consistent with FCC regulations, agreed with the broadcaster not to override the channel for EAS messages.

4.04.050 Public, educational, and government access channel capacity, support, interconnection, and signal carriage.

(a) PEG Channel Capacity.
(1) A state franchise holder shall designate a sufficient amount of capacity on its network to allow the provision of four PEG channels to satisfy the requirement of Section 5870 of the California Public Utilities Code, within the time limits specified therein. (2) A state franchise holder shall provide an additional PEG channel when the city satisfies the standards set forth in Section 5870(d) of the California Public Utilities Code or any entity designated by the city to manage one or more of the PEG channels. (b) PEG Support.
(1) Amount of PEG Support Fee. Any state franchise holder shall pay to the city — or, if directed by the city, to the city's designated PEG provider — a PEG fee equal to 1 percent of gross revenues.
(2) The PEG support fee shall be used for PEG activities. (3) A state franchise holder shall remit the PEG support fee quarterly, within 45 days after the end of each calendar quarter. Each payment made shall be accompanied by a summary, detailing how the PEG support fee was calculated.
(4) In the event that a state franchise holder fails to pay the PEG support fee when due, or underpays the proper amount due, the state franchise holder shall pay interest at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent, or the maximum rate specified by state law.
(c) PEG Carriage and Interconnection.
(1) As set forth in Sections 5870(b) and 5870(g)(3) of the California Public Utilities Code, state franchise holders shall ensure that all PEG channels are receivable by all subscribers, whether they receive digital or analog service, or a combination thereof, without the need for any equipment other than that needed to receive the lowest cost tier of service. PEG access capacity provided by a state franchise holder shall be of similar quality and functionality to that offered by commercial channels (unless the PEG signal is provided to the state franchise holder at a lower quality or with less functionality), shall be capable of carrying a National Television System Committee (NTSC) television signal, and shall be carried on the state franchise holder's lowest cost tier of service. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the lowest cost tier of service and the channel numbers for the PEG channels shall be the same channel numbers used by any incumbent cable operator, unless prohibited by federal law. After the initial designation of the PEG channel numbers, the channel numbers shall not be changed without the agreement of the city unless federal law requires the change.
(2) Where technically feasible, each state franchise holder and each incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing

PEG programming Interconnection may be accomplished by any means authorized under Public Utilities Code Section 5870(h). Each state franchise holder and incumbent cable operator shall provide interconnection of PEG channels on reasonable terms and conditions and may not withhold the interconnection. If a state franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement for PEG carriage, the city may require the incumbent cable operator to allow each state franchise holder to interconnect its network with the incumbent cable operator's network at a technically feasible point on the state franchise holder's network as identified by the state franchise holder. If no technically feasible point of interconnection is available, each state franchise holder shall make interconnection available to each PEG channel originator programming a channel in the city and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by each state franchise holder requesting the interconnection unless otherwise agreed to by the parties.

4.04.060 Notices.
(a) Each state franchise holder or applicant for a state franchise shall file with the city a copy of all applications or notices that the state franchise holder or applicant is required to file with the California Public Utilities Commission.
(b) Unless otherwise specified in this section, all notices or other documentation that a state franchise holder is required to provide to the city under this section or the California Public Utilities Code shall be provided to both the city manager and the city staff person in charge of cable and telecommunications, or their successors or designees.

U. Business Regulations: Chapter 5.04 of the Yucaipa Municipal Code shall be amended to read as follows:

Section 5.04.010 General Business License Not Required.

Except as otherwise required by this Code, including but not limited to other provisions of Title 5, no business license or fee is required by the City of Yucaipa.

Section 5.04.020 City Manager Duties.

The City Manager or their designee shall administer the business licensees or fees otherwise set forth by this Code, including but not limited to other provisions of Title 5.

Section 5.04.030 The Collector.

The position of collector previously established by Ordinance No. 101 shall mean "the City Manager or the City Manager's designee" for the purpose of other provisions of Title 5.

V. Animals: Title 6 of the Yucaipa Municipal Code shall be amended to read as follows:

TITLE 6 ANIMALS
Chapter 6.04 Animals
Sections

6.04.010 Scope.

6.04.020 Adoption of the San Bernardino County Code.

6.04.030 Enforcement agency designated.

6.04.040 Schedule and collection of fees.

6.04.050 Violations —Penalty.

6.04.010 Scope.

The provisions of this chapter for regulating animals shall apply at all times, or at those times herein specified, anywhere within the city of Yucaipa that animals are found.

6.04.020 Adoption of the San Bernardino County Code.
(a) The city adopts by reference, and makes a part of this chapter by reference, Title 3, Division 2 Animals of the San Bernardino County Code.
(b) The aforementioned sections of the San Bernardino County Code are adopted as the regulations related to animals in the City.
(c) The only exception are those land use regulations related to animals in the city's Development Code, which may be enforced by the County.

6.01.030 Enforcement agency designated.
(a) The County of San Bernardino is designated as the enforcement agency for the city and is authorized to provide the qualified personnel necessary to enforce the provisions of this Title. (b) Notwithstanding the above, any person authorized to enforce the Yucaipa Municipal Code under Chapter 1.12 may enforce the provisions of this Title.

6.01.040 Schedule and collection of fees.

The schedule of fees created by the County of San Bernardino, adopted in this chapter, is adopted as the fees in effect in the city, and shall be applicable within the city to provide for the costs of administration and enforcement of this chapter. The city council finds and determines that the fees adopted herein are reasonably related to the actual cost of administration and enforcement of the program. San Bernardino County shall administer and collect these fees for deposit with the county treasurer to offset the costs assumed by the county in administering and enforcing this program for and within the city.

6.01.050 Violations —Penalty.
(a) A violation of this Title may be punished by any of the remedies found in Title 3, Division 2: Animals of the San Bernardino County Code.
(b) Additionally, any violations may be punished by any of the procedures found in Chapter

1.12 of the Yucaipa Municipal Code.

SECTION 2. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 3. CEQA.

The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.

SECTION 4. Effective Date.

This Ordinance shall be effective the 31 st day following its adoption by the City Council SECTION 5. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law. \\
\\
\\
\\
\\
\\

SECTION 6. The City Clerk is hereby authorized, without further action by the City Council, to correct any typographical, clerical, or grammatical errors in this ordinance. Such corrections shall not alter the substance or meaning of the ordinance. The City Clerk is further authorized, without further action by the City Council, to make modifications to the numbering, formatting, and internal references in this ordinance, as may be necessary to ensure consistency with the existing codification structure of the Municipal Code. This may include renumbering sections, subsections, paragraphs, and cross-references, provided that no substantive changes are made. Any corrections made by the City Clerk pursuant to this section shall be documented and filed with the official records of the ordinance, with a notation of the correction made.

PASSED, APPROVED and ADOPTED this 13th day of November, 2024.

Justin Beaver, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk