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Ordinance No. 947 - Amending Chapter 1.20 of the Rosemead Municipal Code Relating to Preliminary Review of Administrative CitationsORDINANCE NO. 947 AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD AMENDING CHAPTER 1.20 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO PRELIMINARY REVIEW OF ADMINISTRATIVE CITATIONS WHEREAS, Chapter 1.20.090 of the City of Rosemead Municipal Code provides for Preliminary Review of administrative citations upon timely request; and WHEREAS, the City Council desires to expand the scope of preliminary reviews of administrative citations; NOW, THEREFORE, Chapter 1.20.090 of the Rosemead Municipal Code is hereby amended to read as stated on Attachment A, attached hereto and by this reference incorporated herein. PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL THIS 13 DAY OF JANUARY, 2015. ➢i �j o� 4 uny— William Alarcon, Mayor City of Rosemead, California ATTEST: 4 1ona, C( Molleda, City Clerk City of Rosemead, California: APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP 1.20.090 - Preliminary Review. A. A person issued an administrative citation may request a preliminary review, if the request is made within fourteen (14) days of the date the citation is issued. A notice of noncorrection of a building violation shall not be subject to a request for preliminary review. B. To obtain a review, the citee shall contact the City Manager's office within fourteen (14) days of the date the citation was issued. The citee must present a copy of the citation and a completed and signed written request stating the reasons for the preliminary review. All requests shall be date stamped upon receipt. C. The preliminary review shall be conducted by the City Manager or designee. The reviewer shall not be the Enforcement Officer who issued the citation. The purpose of the review is to uncover and cancel any mistakenly issued citations due to errors that are easily verifiable, or to resolve factual disputes concerning the violation that is the subject of the citation, or to present information as to the reasons that citation should not have been issued, or other extenuating circumstances regarding the citee's ability to comply within the indicated time frames. D. The preliminary review shall consist of a review of the citation and the written request and any other evidence submitted at the time of the request by the citee and, at the discretion of the reviewer, any other related information. The City Manager or designee shall complete the review of the matter within five working days of receipt of the request, or the citation shall be cancelled. E. The citee shall be notified of the results of the review by being given a written notice of the decision by the City Manager or designee. The citee may also be given additional notice by facsimile, text message, or email when practicable. F. If the reviewer concludes that no code violation occurred or that the citee was not responsible for the violation, the citation shall be canceled. G. The City Manager or designee shall also have the authority to extend any time periods for compliance, including the fine due date. If no extensions are provided by the City Manager, any time period for compliance including the fine due date, the time any correction period ends, and the time to request an administrative hearing shall remain the same. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. 947 was regularly introduced and placed upon its first reading at a regularly meeting of the City Council on the 9th of December, 2014. Thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th of January, 2015 by the following vote to wit: Yes: Alarcon, Clark, Low, Ly No: None Abstain: None Absent: Armenta A S, A� M LC121 Gloria Molleda City Clerk ROSEMEAD CITY COUNCIL 807.7 STAFF REPORT TO:' THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 13, 2015 SUBJECT: ORDINANCE NO. 947 —SECOND READING: AMENDING MUNICIPAL CODE CHAPTER 1.20 RELATING TO PRELIMINARY REVIEW OF ADMINISTRATIVE CITATIONS SUMMARY On December 9, 2014, the City Council introduced Ordinance No. 947, amending chapter 1.20 of the municipal code relating to preliminary review of administrative citations. Ordinance No. 947 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 947 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: n p ' 8,U �- \J �X-�j_Q GLORIA MOLLEDA CITY CLERK Attachment A — Ordinance No. 947 ITEMNUMBER: �`�