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LAFAYETTE, CALIFORNIA - MUNICIPAL CODE Lafayette, California, Code of Ordinances Page 1 of 4 LAFAYETTE, CALIFORNIA - MUNICIPAL CODE ____________ A Codification of the General Ordinances of the City of Lafayette, California ____________ Beginning with Supp. No. 9, Supplemented by Municipal Code Corporation ____________ IMAGE NOT FOUND:\file1.municode.com6435_Logo_Contact_Info.jpg PREFACE The Lafayette, California Municipal Code, originally published by Book Publishing Company in 1990, has been kept current by regular supplementation by Municipal Code Corporation, its successor in interest. During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Robert F.D. Adams, city manager, and Charles Williams, city attorney. The code is organized by subject matter under an expandable three-factor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in sequence, the numbers of the Title, chapter, and section. Thus, Section 2.12.040 is Section .040, located in Chapter 2.12 of Title 2. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion. In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordinance disposition table, following the text of the code, listing by number all ordinances, their subjects, and where they appear in the codification; and beginning with Supplement No. 9, legislation can be tracked using the "Code Comparative Table and Disposition List." A subject-matter index, with complete cross-referencing, locates specific code provisions by individual

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LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE____________ A Codification of the General Ordinances of the City of Lafayette, California ____________ Beginning with Supp. No. 9, Supplemented by Municipal Code Corporation ____________

IMAGE NOT FOUND:\file1.municode.com6435_Logo_Contact_Info.jpg PREFACE The Lafayette, California Municipal Code, originally published by Book Publishing Company in 1990, has been kept current by regular supplementation by Municipal Code Corporation, its successor in interest. During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Robert F.D. Adams, city manager, and Charles Williams, city attorney. The code is organized by subject matter under an expandable three-factor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in sequence, the numbers of the Title, chapter, and section. Thus, Section 2.12.040 is Section .040, located in Chapter 2.12 of Title 2. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion. In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordinance disposition table, following the text of the code, listing by number all ordinances, their subjects, and where they appear in the codification; and beginning with Supplement No. 9, legislation can be tracked using the "Code Comparative Table and Disposition List." A subject-matter index, with complete cross-referencing, locates specific code provisions by individualLafayette, California, Code of Ordinances Page 1 of 4

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

section numbers. This supplement brings the Code up to date through Ordinance 599, adopted October 12, 2010. Municipal Code Corporation 1700 Capital Circle SW Tallahassee, FL 32310 800-262-2633 HOW TO USE YOUR CODE This code is organized to make the laws of the city as accessible as possible to city officials, city employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this code. Numbering System. The numbering system is the backbone of a Code of Ordinances; Municipal Code Corporation uses a unique and versatile numbering structure that allows for easy expansion and amendment of this Code. It is based on three tiers, beginning with title, then chapter, and ending with section. Each part is represented in the code section number. For example, Section 2.04.010 is Section .010, in Chapter 2.04 of Title 2. Title. A title is a broad category under which ordinances on a related subject are compiled. This code contains about 15 to 20 titles. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference. Some titles are Reserved for later use. Chapter. Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, City Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney. Section. Each section of the code contains substantive ordinance material. The sections are numbered by "tens" to allow for expansion of the code without renumbering. Tables of Contents. There are many tables of contents in this code to assist in locating specific information. At the beginning of the code is the main table of contents listing each title. In addition, each title and chapter has its own table of contents listing the chapters and sections, respectively. Ordinance History Note.Lafayette, California, Code of Ordinances Page 2 of 4

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

At the end of each code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and year. (Example: (Ord. 272 1, 1992).) Beginning with Supplement No. 9, a secondary ordinance history note will be appended to affected sections. Ordinance history notes will be amended with the most recent ordinance added to the end. These history notes can be cross referenced to the code comparative table and disposition list appearing at the back of the volume preceding the index. Statutory References. The statutory references direct the code user to those portions of the state statutes that are applicable to the laws of the municipality. As the statutes are revised, these references will be updated. Cross-Reference Table. When a code is based on an earlier codification, the cross-reference table will help users find older or "prior" code references in the new code. The cross-reference table is located near the end of the code, under the tabbed divider "Tables." This table lists the prior code section in the column labeled "Prior Code Section" and the new code section in the column labeled "Herein." As of Supplement No. 9, this table will no longer be updated. Ordinance List and Disposition Table. To find a specific ordinance in the code, turn to the section called "Tables" for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed for inclusion in the code. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the ordinance is for some reason omitted from the code, usually at the direction of the municipality, the disposition will be "(Not codified)." Other dispositions sometimes used are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)." Beginning with Supplement No. 9, this table will be replaced with the "Code Comparative Table and Disposition List." Code Comparative Table and Disposition List. Beginning with Supplement No. 9, a Code Comparative Table and Disposition List has been added for use in tracking legislative history. Located in the back of this volume, this table is a chronological listing of each ordinance considered for codification. The Code Comparative Table and Disposition List specifies the ordinance number, adoption date, description of the ordinance and the disposition within the code of each ordinance. By use of the Code Comparative Table and Disposition List, the reader can locate any section of the code as supplemented, and any subsequent ordinance included herein. Index. If you are not certain where to look for a particular subject in this code, start with the index. This is an alphabetical multi-tier subject index which uses section numbers as the reference, and cross-references where necessary. Look for the main heading of the subject you need, then theLafayette, California, Code of Ordinances Page 3 of 4

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

appropriate subheadings: BUSINESS LICENSE See also BUSINESS TAX Fee 5.04.030 Required when 5.04.010 The index will be updated as necessary when the code text is amended. Instruction Sheet. Each supplement to the new code will be accompanied by an Instruction Sheet. This guide will tell the code user the date of the most recent supplement and the last ordinance contained in that supplement. It will then list the pages that must be pulled from the code and the new pages that must be inserted. Following these instructions carefully will assure that the code is kept accurate and current. Removed pages should be kept for future reference. Page Numbers. When originally published, this code was numbered with consecutive page numbers. As it is amended, new material may require the insertion of new pages that are numbered with hyphens. (Example: 31, 32, 32-1.) Backs of pages that are blank (in codes that are printed double-sided) are left unnumbered but the number is "reserved" for later use. Electronic Submission. In the interests of accuracy and speed, we encourage you to submit your ordinances electronically if at all possible. We can accept most any file format, including Word, WordPerfect or text files. If you have a choice, we prefer Word, any version. You can send files to us as an e-mail attachment, by FTP, on a diskette or CD-ROM. Electronic files enable us not only to get you your code more quickly but also ensure that it is error-free. Our e-mail address is: [email protected]. For hard copy, send two copies of all ordinances passed to: Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316 Customer Service. If you have any questions about this code or our services, please contact Municipal Code Corporation at 1-800-262-2633 or: Municipal Code Corporation 1700 Capital Circle SW Tallahassee, FL 32310Lafayette, California, Code of Ordinances Page 4 of 4

SUPPLEMENT HISTORY TABLE

SUPPLEMENT HISTORY TABLEThe table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omits." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the code's historical evolution.

Ord. No. 595 597 598 599

Date Adopted 5-24-2010 6-28-2010 10-25-2010 10-12-2010

Include/ Omit Include Include Include Include

Supp. No. 11 11 11 11

Lafayette, California, Code of Ordinances Page 1 of 1

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Title 1 - GENERAL PROVISIONS*Chapters:Chapter 1-1 - ADOPTION OF MUNICIPAL CODE Chapter 1-2 - RULES OF CONSTRUCTION Chapter 1-3 - PENALTY PROVISIONS Chapter 1-4 - POWER OF ARREST Chapter 1-5 - CONTRA COSTA COUNTY PROVISIONS ADOPTED Chapter 1-6 - FEES AND SERVICE CHARGES Chapter 1-7 - Repealed by Ordinance 560, effective 9/25/06 Chapter 1-8 - CLAIMS AGAINST THE CITY OF LAFAYETTE Chapter 1-9 - ADMINISTRATIVE CITATIONS Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Chapter 1-1 - ADOPTION OF MUNICIPAL CODESections:1-101 - Establishment of code. 1-102 - Contents of municipal code. 1-103 - Outline of municipal code. 1-104 - Maintenance of municipal code. 1-105 - Adoption of code. 1-106 - Effect of adoption. 1-107 - Continuation of existing law. 1-108 - Ordinances passed prior to adoption of municipal code. 1-109 - Repeal of existing ordinances. 1-110 - Exclusions from code.

1-101 - Establishment of code. There is established the municipal code of the city of Lafayette. (Ord. 25 3(1) (part), 1969; Ord. 2 2, 1968) 1-102 - Contents of municipal code. The municipal code of the city of Lafayette shall consist of all ordinances adopted by the city council which are of a general and permanent nature. An ordinance relating to the following subject matter is not considered an ordinance of general and permanent nature and need not be included within the municipal code:Lafayette, California, Code of Ordinances Page 1 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

(a) (b) (c) (d) (e) (f)

The naming of roads; Granting, altering or withdrawing franchises; Levying real property tax; Calling an election; Interim zoning measure; Zoning or rezoning a particular parcel of property;

(g) Such other ordinances of a special or particular subject matter which the city council considers are not appropriate to a general compilation of laws of a general and permanent nature. (Ord. 25 3(1) (part), 1969; Ord. 2 3, 1968) 1-103 - Outline of municipal code. (a) The ordinances of the city which are of a general and permanent nature shall be organized and grouped according to subject matter. (b) Ordinances which are adopted from time to time shall be classified to and organized under the following scheme of titles: (1) (2) (3) (4) (5) (6) (7) (8) (9) General Provisions; Administration; Building Regulations; Business Licenses and Regulations; Health and Sanitation; Planning and Land Use; Public Utilities and Franchises; Public Welfare, Morals and Safety; Revenue and Taxation;

(10) Purchases. (c) The outline of titles set forth in subsection (b) may be amended as the city council considers necessary to maintain the ordinances of a general and permanent nature in a logical scheme of classification. (Amended during 1989 codification; Ord. 25 3(1) (part), 1969; Ord. 2 4, 1968) 1-104 - Maintenance of municipal code. (a) Not less than one copy of the municipal code, certified by the city clerk, shall be kept on file in theLafayette, California, Code of Ordinances Page 2 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

office of the clerk for examination and use by the public. Amendments to this code and a complete file of amendatory ordinances shall be maintained in the office of the clerk for use and examination by the public. (b) The city council shall direct the manner of distribution and sale of additional copies of the code.

(Ord. 381 8, 1990: Ord. 25 3(1) (part), 1969; Ord. 2 5, 1968) 1-105 - Adoption of code. The codification of certain ordinances of the city entitled "Lafayette Municipal Code" published by Book Publishing Company and covering ordinances through Ordinance 375 is adopted by reference under the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California. Three copies of the Lafayette Municipal Code are on file in the office of the city clerk and are available for public inspection. (Ord. 381 1, 1990) 1-106 - Effect of adoption. The adoption of the Lafayette Municipal Code (municipal code) and the repeal of ordinances by the municipal code do not affect the following matters: (a) Actions and proceedings which began before the effective date of the ordinance codified in this section through Section 1-110 (b) Prosecution for ordinance violations committed before the effective date of the ordinance codified in this section through Section 1-110 (c) Licenses and penalties due and unpaid at the effective date of the ordinance codified in this section through Section 1-110 and the collection of these licenses and penalties; (d) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance;

(e) Matters of record which refer to or are connected with an ordinance the substance of which is included in the Lafayette Municipal Code. These references shall be construed to apply to the corresponding provisions of the municipal code. (Ord. 381 2, 1990) 1-107 - Continuation of existing law. Where each provision of the municipal code is substantially the same as existing law, the municipal code is a continuation of existing law and not a new enactment. (Ord. 381 3, 1990) 1-108 - Ordinances passed prior to adoption of municipal code. The last ordinance included in the municipal code was Ordinance 375, adopted 2/17/89. The following ordinances adopted after Ordinance 375 but before adoption of this code are adopted and made a part of this code: Ordinance 376, adopted 3/13/89, Ordinance 378, adopted 9/25/89 and Ordinance 380, adopted 4/9/90.Lafayette, California, Code of Ordinances Page 3 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

(Ord. 381 4, 1990) 1-109 - Repeal of existing ordinances. Except as to those ordinances listed in Section 1-110 which are not affected by this repeal, every ordinance which is not specifically continued in force by this code is repealed. This section does not revive an ordinance which was repealed before the adoption of the code. (Ord. 381 5, 1990) 1-110 - Exclusions from code. Every ordinance governing the following subject matter which is excluded from the municipal code is not affected by the repeal provisions of Section 1-105: (a) (b) (c) (d) (e) (f) Alteration of city boundaries; Elections; Fixing the rate and making a levy of taxes; Granting, altering or withdrawing a franchise; Land use classifications of specific property; Naming of roads and streets.

(Ord. 381 6, 1990)

Chapter 1-2 - RULES OF CONSTRUCTIONSections:1-201 - Citation of code. 1-202 - Definitions in the code. 1-203 - Tenses. 1-204 - Gender. 1-205 - Number. 1-206 - Shall and may. 1-207 - Provisions governing construction. 1-208 - Effect of headings. 1-209 - Area of application. 1-210 - Prohibited acts include causing, permitting or suffering. 1-211 - Acts of deputies. 1-212 - Notices. 1-213 - Severability of provisions. 1-214 - Appeal. 1-215 - No imposition of mandatory duty. 1-216 - Judicial review. 1-217 - Reference to officials in offices. Lafayette, California, Code of Ordinances Page 4 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

1-201 - Citation of code. This code may be cited as the Municipal Code of the City of Lafayette. It may be so cited in any prosecution for violation of this code. An ordinance amending this code may be designated as an amendment to the Municipal Code of the City of Lafayette. Every reference to this code or any portion of this code applies to this code as now or hereafter amended. (Ord. 25 3(2) (part), 1969; Ord. 2 11, 1968) 1-202 - Definitions in the code. As used in this code, unless the context clearly indicates otherwise: (a) (b) "City" means the city of Lafayette. "City council" means the city council of this city.

(c) "City manager" means the appointed official of the city who occupies the position as chief administrative officer of the city. (d) (e) "County" means the county of Contra Costa. "Oath" includes "affirmation."

(f) "Owner," as applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part. (g) "Person" means and includes an individual, firm, association, organization, partnership, business trust, company or corporation. (h) "State" means the state of California.

(i) "Street" means and includes a highway, avenue, lane, alley, court, place, square, curb or other public way in the city which is dedicated and open to public use. "Street" also includes such other public property designated as such by law. (j) "Tenant" or "occupant," applied to a building or land, means and includes a person who occupies the whole or part of the building or land, whether alone or with others. (Ord. 25 3(2) (part), 1969; Ord. 2 12, 1968) 1-203 - Tenses. The present tense includes the past and future tenses, and the future, the present. (Ord. 25 3(2) (part), 1969; Ord. 2 13, 1968) 1-204 - Gender. The masculine gender includes the feminine and neuter. (Ord. 25 3(2) (part), 1969; Ord. 2 14, 1968)Lafayette, California, Code of Ordinances Page 5 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

1-205 - Number. The singular number includes the plural, and the plural, the singular. (Ord. 25 3(2) (part), 1969; Ord. 2 15, 1968) 1-206 - Shall and may. "Shall" is mandatory and "may" is permissive. (Ord. 25 3(2) (part), 1969; Ord. 2 16, 1968) 1-207 - Provisions governing construction. The provisions of this code and all proceedings under it shall be construed with a view to effect its objects and to promote justice. (Ord. 25 3(2) (part), 1969; Ord. 2 17, 1968) 1-208 - Effect of headings. Title, chapter, article and section headings shall not govern, limit, modify or affect the scope, meaning or intent of this code. (Ord. 25 3(2) (part), 1969; Ord. 2 18, 1968) 1-209 - Area of application. This code refers only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by the Constitution, law or ownership or control of property. (Ord. 25 3(2) (part), 1969; Ord. 2 19, 1968) 1-210 - Prohibited acts include causing, permitting or suffering. Whenever in this code an act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission. (Ord. 25 3(2) (part), 1969; Ord. 2 20, 1968) 1-211 - Acts of deputies. Where this code grants a power to a public officer or employee or imposes a duty on him, the power may be exercised or the duty performed by his deputy or employee or by any person authorized by law or ordinance, unless the code specifically provides otherwise. (Ord. 25 3(2) (part), 1969; Ord. 2 21, 1968) 1-212 - Notices. Where the code requires that notice be given, unless the code specially provides otherwise, notice shall be given in writing and may be delivered either personally or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business orLafayette, California, Code of Ordinances Page 6 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

residence address appearing in the public records or in other records of the matter for which notice is given. Notice by mail is considered served at the time of deposit in the United States mail. (Ord. 25 3(2) (part), 1969; Ord. 2 22, 1968) 1-213 - Severability of provisions. If a title, division, chapter, section, subsection, paragraph, sentence, clause or phrase of this code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this code. The city council declares that it would have adopted each part of this code irrespective of the validity of any other part. (Ord. 25 3(2) (part), 1969; Ord. 2 23, 1968) 1-214 - Appeal. Unless otherwise specially provided, a person aggrieved by an administrative action taken by any officer of the city under the code may appeal from the action to the city council. A written notice of appeal, concisely stating the facts of the case and the grounds of appeal, shall be filed with the city manager within 30 days of the action appealed from. The city manager shall have the matter set for hearing at a regular meeting of the city council and shall give the appellant written notice of the time and place of hearing at least five days before the hearing. The decision of the city council taken after the appellant has had an opportunity to be heard is final. (Ord. 25 3(2) (part), 1969; Ord. 2 24, 1968) 1-215 - No imposition of mandatory duty. This code shall not be construed to impose on the city, its officers, employees or agents any greater liability than that required by law. The use of the word "shall," when used in this code in connection with the performance of a task or function, is not intended to impose upon the city, its officers, employees or agents a mandatory duty of care toward persons or property within the city which would provide a basis of civil liability for damages. This code specifically preserves all immunities provided under the law to a public entity, its officers, employees and agents. (Ord. 336 1, 1985) 1-216 - Judicial review. California Code of Civil Procedure Section 1094.6 is applicable to the city of Lafayette and provides that review of any decision of the city may be had under Code of Civil Procedure Section 1094.5 (review of administrative decisions) only if the petition for writ of mandate is filed within 90 days after the decision becomes final. (Ord. 348 1, 1986) 1-217 - Reference to officials in offices. In Ordinance No. 99-46 of Contra Costa County, a reference to "board of supervisors" means city council of the city of Lafayette, and a reference to an "office", "official title" or other designation means the office, title or designation in the governmental structure of the city, or if there is none, the official or title holder in the city who performs the function or duty referred to.Lafayette, California, Code of Ordinances Page 7 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Chapter 1-3 - PENALTY PROVISIONS [1](1) Editor's note Ord. No. 589, 1, adopted Sept. 28, 2009, deleted the former Ch. 1-3, 1-3011-309, and enacted a new Ch. 1-3 as set out herein. The former Ch. 1-3 pertained to penalty provisions and derived from Ord. 2 3134, 1968; Ord. 8 1, 1968; Ord. 25 3(3) (part), (4), 1969; Ord. 36 1, 1970; Ord. 131 4 (part), (13) (part), 1975; Ord. 182 1 (part), 1977; Ord. 290 13, 1983; Ord. 371 1, 1988; Ord. 381 7(a)(f), 1990; Ord. 424 1, 2, 1993; Ord. 505 1, 1999.

Sections:1-301 - Violations a misdemeanor, or infraction or subject to civil penalty. 1-302 - Penalties. 1-303 - Separate offenses. 1-304 - Nuisance.

1-301 - Violations a misdemeanor, or infraction or subject to civil penalty. (a) No person shall violate any provision or fail to comply with any requirement of this code. A person who violates a provision or fails to comply with a mandatory requirement of this code is guilty of a misdemeanor unless, in the city's discretion, the violation of a particular provision of this code is charged as an infraction or made subject to administrative penalties pursuant to chapter 1-9 of this code. (b) Except as otherwise provided, all provisions of this code relating to misdemeanors shall apply to infractions, including but not limited to authority of city officers and employees to make arrests and the procedure for making arrests. (Ord. No. 589, 1, 9-28-2009) 1-302 - Penalties. (a) Misdemeanor. Except as otherwise provided by statute or this code, a violation of this code charged as a misdemeanor, unless specific provision is otherwise made, shall be issued: (1) A fine not exceeding $250.00 for a first violation;

(2) A fine not exceeding $500.00 for a second violation of the same ordinance within one year, and/or (3) A fine not exceeding $1,000.00 for each additional violation of the same ordinance within one year from the date of the first violation, or by imprisonment in the county jail for a period of not more than six months, or both. Under Section 36903 of the Government Code, the county jail is prescribed as the place for imprisonment for such violation of this code and of any ordinance. (b) Infractions.

Lafayette, California, Code of Ordinances Page 8 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

(1) Except as otherwise provided by statute or this code, a violation of this code charged as an infraction, unless specific provision is made otherwise, shall be issued: 1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year from the date of the first violation; and/or 3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year from the date of the first violation. (2) Except as otherwise provided by statute or this code, a violation of building and safety ordinances, including but not limited to, those in Title 3 charged as an infraction, unless specific provision is made otherwise, shall be issued: 1. A fine not exceeding $100.00 for a first violation;

2. $500.00 for a second violation of the same ordinance within one year from the date of the first violation; and 3. $1,000.00 for each additional violation of the same ordinance within one year from the date of the first violation. (c) Civil Penalty. Except as otherwise provided by statute or this code, a person who violates any section of this code, unless specific provision is otherwise made, may be issued an administrative citation and be liable for an administrative penalty pursuant to chapter 1-9 of this code. When specifically authorized by a provision of this code, the city council may set the penalty by resolution. (Ord. No. 589, 1, 9-28-2009) 1-303 - Separate offenses. Each person is guilty of a separate offense for each and every day during any portion of which a violation of this code is committed, continued or permitted to exist by that person. (Ord. No. 589, 1, 9-28-2009) 1-304 - Nuisance. In addition to the penalties provided, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that such condition exists is a new and separate offense. (Ord. No. 589, 1, 9-28-2009)

Lafayette, California, Code of Ordinances Page 9 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Chapter 1-4 - POWER OF ARRESTSections:1-401 - Authority for adoption. 1-402 - Authority of city officers and employees to make arrests. 1-403 - Procedure for making arrests.

1-401 - Authority for adoption. Sections 1-402 through 1-403 are adopted under the authority of Section 836.5 of the Penal Code of the State of California. (Ord. 44 1 (part), 1970) 1-402 - Authority of city officers and employees to make arrests. Each officer and employee of the city is authorized to arrest a person for the violation of an ordinance or a statute which it is his duty to enforce. (Ord. 44 1 (part), 1970) 1-403 - Procedure for making arrests. (a) The officer or employee authorized to make an arrest under Section 1-402 may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of a statute or ordinance which the officer or employee has the duty to enforce. (b) If the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear as prescribed by Chapter 5C of Title 3 (beginning with Section 853.6) of the Penal Code of the State of California. Thereafter the provisions of Chapter 5C apply with reference to the proceeding based upon the issuance of a written notice to appear. (c) If the person arrested refuses to sign the written promise to appear referred to in subsection (b) of this section and does not demand to be taken before a magistrate, the officer or employee making the arrest shall immediately release the person and thereafter shall cause a criminal complaint to be filed charging the violation of the misdemeanor for which the arrest was sought to be made. (Ord. 44 1 (part), 1970)

Chapter 1-5 - CONTRA COSTA COUNTY PROVISIONS ADOPTEDSections:1-501 - Contra Costa County provisions adopted.

Lafayette, California, Code of Ordinances Page 10 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

1-501 - Contra Costa County provisions adopted. The following table lists Contra Costa County ordinances and code provisions adopted by the city of Lafayette, California. Provisions whose text is set forth in this code can be located by referring to the "Codified at" column of the table. County Code, Provision,

County Ord., 88-88, 89-79

City, Subject, Ord., 493 Nuisance abatement

Codified at

Art. 14-6.4, Art. 14-6.6 ( 14-6.402 14-6.604) 14.8.002, 14.8.004 Div. 16 ( 16-2.001 16-4.026) 48-6.022 Div. 48 ( 48-2.002 48-20.006) 413-3.1208 Div. 416 (Ch. Nos. 416-2 416-12) 416-4.604

76-51

131, 182 131

Penalties Construction of provisions

1-308

80-93

263 308

Ambulances Ambulance services

76-46 80-97, 83-10, 85-23, 87-74 80-97, 83-10, 85-23, 87-74 80-97, 83-10, 85-23, 87-74

179 365

Public health licenses Animal control code

Ch. 8-16

182 365 365 131

Penalties Animal control code penalties Animal control code violation Sewage

1-308 Ch. 8-16 Ch. 8-16

416-10.012 Div. 420 ( 420-2.002 420-6.028) 420-2.008 County Code, Provision, Ch. 420-6 420-6.002 420-6.022 Div. 430 ( 430-2.002 430-12.006) 51-4.404

74-67 County Ord., 81-30 74-67 78-43, 78-45 77-112, 84-64, 86-58, 88-88, 95-2 76-51

162 City, Ord., 263 162 228 200, 484 131, 182

Sewage official inspections Subject, Small water and sewage systems Sewage subdivisions and individual systems Sewage subdivisions and individual systems Abandoned vehicles Codified at

General welfare and business violations

1-308

Lafayette, California, Code of Ordinances Page 11 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Div. 52 ( 52-2.202 52-6.606) Arts. 52-2.2, 52-2.4 52-2.604, 52-2.618 Ch. 54-2 ( 54-2.002 54-2.012) 54-2.002, 54-2.003, 54-2.004, 54-2.006, 54-2.008, 54-2.010, 54-2.012 Ch. 54-4 ( 54-4.002 54-4.004) Ch. 54-6 ( 54-6.002) Ch. 54-8 ( 54-8.002 54-8.010) Ch. 54-10 ( 54-10.002) Ch. 54-12 Ch. 56-2 ( 56-2.002 56-2.010) Ch. 56-4 ( 56-4.202 56-4.1206) 56-4.804 Div. 58 ( 58-2.002 58-12.004) Ch. 510-2 ( 510-2.002 510-2.008) Ch. 518-2 ( 518-2.202 518-2.1004) 518-2.216 7-3.309 Ch. 72-2 ( 72-2.002

131

Amusements

202 76-67 200 131

Amusements Amusements Curfew

Repealed

75-44

179

Curfew

131

False reports

131 131

Intoxication Labor disputes

131 321 131

Vandalism of traffic signals Alarm systems Carnivals and fairs 8-910, 8-911

131

Solicitors and peddlers

Repealed

74-67

162 131

Solicitors and peddlers permit issuance CATV systems

Repealed

131

Taxicabs

131

74-67 88-90, 88-91

162 375 131

Massage services Amends UBC 304 Building inspection department

3-101

Lafayette, California, Code of Ordinances Page 12 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

72-2.014) Ch. 72-2 ( 72-2.001 72-2.003) 72-4.002 72-4.008 Ch. 72-6 ( 72-6.002 72-6.026) Ch. 72-6 ( 72-6.002 72-6.026) amended 72-6.002 72-6.004 72-6.010 72-6.010 72-6.012 72-6.012 72-6.014 72-6.023 72-6.023 72-67.026 Div. 74 ( 74-1.002 74-6.008) Div. 74 ( 74-1.002 74-6.010) amended 74-1.002 74-1.002 74-1.002 74-3.101 74-3.101 74-3.101 74-3.103 Art. 74-3.3 74-3.304 74-3.305 74-3.305 74-3.309 74-3.309 74-3.311 Art. 74-3.5

77-63

200

Building inspection department

80-14

228 131 131

Building regulations application and scope Building regulations alterations Building construction generally

2002-31

537

Building construction generally

Ch. 3-3

80-14 87-55 80-14 87-55 76-15 80-14 99-17 77-63 99-17 99-17

228 363 228 363 162 228 509 200 509 509 131

Building regulations general provisions Uniform Building Code application fees Building regulations permit expiration Uniform Building Code expiration of permit Building regulations fee refunds Building regulations fee refunds Uniform Building Code stopwork orders Building regulations withholding permit Uniform Building Code withhold permit Uniform Building Code enforcement of state law Uniform Building Code

Repealed Repealed

2002-31

537

Uniform Building Code

Ch. 3-3

80-14 87-55 99-17 80-14 87-55 99-17 87-55 80-14 76-15 76-15 87-55 80-76 87-55 87-55 80-14

228 363 509 228 363 509 363 228 162 162 363 263 363 363 228

Uniform Building Code adoption Uniform Building Code adoption Uniform Building Code adoption UBC Chapter 5 amendments Uniform Building Code modifications general Uniform Building Code general Amends UBC 103, scope UBC Chapter 3 amendments UBC Chapter 3 amendments UBC Chapter 3 amendments Amends UBC 302(c) information Fees for construction permits Amends UBC 304 fees Amends UBC 305(a) inspections UBC Chapter 5 amendments

Repealed

Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed

Lafayette, California, Code of Ordinances Page 13 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Arts. 74-3.14 74-3.18 74-3.2501 Arts. 74-3.26, 74-3.29 74-3.2901 74-3.3201 74-3.3202 Art. 74-3.33 Art. 74-3.38 74-3.3801 Art. 74-3.47 Art. 74-3.904.2.1 Art. 74-3.1806.7.2 74-3.1900.4.4 Art. 74-3.2310.4 74-6.002 74-6.002 Div. 76 ( 76-2.202 76-12.406) Div. 76 ( 76-2.202 76-12.406) Div. 76 ( 76-2.202 76-14.202) Div. 76 ( 76-2.202 76-12.404) amended Div. 76 Ch. 76-10 76-10.002 76-10.004 76-10.006 76-10.402 76-10.404

80-14 87-55 84-14 87-55 87-55 87-55 80-14 80-14 87-55 80-14 99-17 99-17 99-17 99-17 80-14 87-55

228 363 228 363 363 363 228 228 363 228 509 509 509 509 228 363 131

Uniform Building Code amendments Amends UBC 2.516(g), exterior wall coverings UBC Chapter 5 amendments Amends UBC 2907(e), footings Amends UBC 3202(b), fire retardancy, when required Amends UBC 3203(d), reroofing Uniform Building Code amendments UBC Chapter 38 amendments Amends UBC 3802(d), automatic sprinkler systems UBC Chapter 47 amendments Uniform Building Code automatic fire extinguishing systems Uniform Building Code Chapter 38 slabs or ground with turned down footings Uniform Building Code minimum slab thickness Uniform Building Code shakes and shingles Uniform Building Code permits, drainage and streets Uniform Building Code permits, drainage and streets National Electrical Code

Repealed

Repealed Repealed Repealed Repealed Repealed Repealed

Repealed Repealed

76-24

179

Uniform Electrical Code

99-17

509

Uniform Electrical Code

2002-31

537

Uniform Electrical Code

Ch. 3-3

79-67 88-90, 88-91 88-90, 88-91 88-90, 88-91 88-90, 88-91 80-76 80-76

228 375 375 375 375 263 263

Uniform Electrical Code Uniform Electrical Code fees Uniform Electrical Code payment of fees Uniform Electrical Code permit fees Uniform Electrical Code uncompleted work Uniform Electrical Code construction permit fees Uniform Electrical Code construction permit fees

Lafayette, California, Code of Ordinances Page 14 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

76-10.414 76-10.422 76-10.604 76-10.606 Div. 78 ( 78-1.101 78-3.317) Div. 78 ( 78-1.101 710-5.115) Div. 78 ( 78-1.101 78-5.1211.7.1) amended 78-1.509 78-1.701 78-1.703 78-1.705 78-1.708 78-1.708 78-1.708 78-1.709 78-1.709 78-1.711 78-1.711 78-1.711 78-1.713 Art. 78-3.1 78-3.303 78-3.310 Div. 710 ( 710-1.101 710-4.1103) Div. 710 ( 710-1.101 710-5.115) Div. 710 ( 710-1.101 710-5.115) amended

80-76 80-28 80-76 80-76

263 228 263 263 131

Uniform Electrical Code construction permit fees Uniform Electrical Code fees Uniform Electrical Code construction permit fees Uniform Electrical Code construction permit fees Uniform Plumbing Code

99-17

509

Uniform Plumbing Code

2002-31

537

Uniform Plumbing Code

Ch. 3-3

80-29 88-90 88-90 88-90 76-23 80-29 80-76 76-15 76-23 76-23 80-29 80-76 76-15 80-29 80-29 80-29

228

179 228 263 162 179 179 228 263 162 228 228 228 131

Uniform Plumbing Code permits Uniform Plumbing Code payment Uniform Plumbing Code double fees for delayed permit Uniform Plumbing Code permit fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code construction permit fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code construction permit fees Uniform Plumbing Code fees Uniform Plumbing Code adopted amendments Uniform Plumbing Code amendments Uniform Plumbing Code amendments Uniform Mechanical Code

Repealed

Repealed Repealed Repealed

Repealed

Repealed

99-17

509

Uniform Mechanical Code

2002-31

537

Uniform Mechanical Code

Ch. 3-3

Lafayette, California, Code of Ordinances Page 15 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

710-1.301, 710-1.303, 710-1.305 710-1.308 710-1.308 710-1.308 710-1.309 710-1.309 710-1.309 710-1.311 710-1.311 710-1.311 710-1.311 710-1.313 710-2.002 710-4.101 Art. 710-4.11 710-4.307 Div. 712 ( 712-2.002 712-4.008) Div. 712 ( 712-2.002 712-4.014) Div. 712 Div. 714 ( 714-2.002 714-6.602) 714-2.010 714-4.2 Div. 716 (716-2.002 716-8.1018 Div. 716 ( 716-2.408, 716-2.804, 716-2.1002, Arts. 716-4.2, 716-4.6, 716-4.8, 716-4.10, 716-4.12, 716-4.14, 716-6, 716-8.2, 716-8.4, 716-8.6,Page 16 of 36

88-90, 90-91

375

Uniform Mechanical Code permit fees

76-23 80-28 80-76 76-15 76-23 80-28 76-15 76-23, 76-29 80-28 80-76 76-15 80-28 80-28 80-28 80-28

179 228 263 162 179 228 162 179 228 263 162 228 228 228 228 131

Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code construction permit fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code construction permit fees Uniform Mechanical Code fees Uniform Mechanical Code adoption UMC Chapter 2 amendments UMC Chapter 2 amendments UMC Chapter 3 amendments Uniform Housing Code

Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed

Repealed

99-17

509

Uniform Housing Code

81-27

263 131

Uniform Housing Code House moving

79-7

228 131, 536 131

House moving Grading

Grading

Lafayette, California, Code of Ordinances

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

716-8.10) Div. 716 (716-4.202, 716-4.204, 716-4.402, 716-4.414, 716-4.1002, 716-4.1416) Div. 718 ( 718-2.002 718-4.016) Ch. 718-2 Ch. 718-4 Ch. 718-8 8125 Div. 92 ( 92-2.002 92-10.006) Div. 94 ( 94-2.202 94-4.812) 94-2.610 Title 9 94-2.604 94-2.606 94-2.610 94-2.1002 Div. 96 ( 96-2.202 96-14.004) 96-6.202 96-6.214 96-6.220 96-6.222 96-6.404 96-6.406 96-6.408 96-6.802 96-6.804 Div. 98 ( 98-2.002 98-10.006)

536

Grading

Ch. 3-3

131

Abandoned automobiles swimming pools

79-7 00-11

228 325 515 41 131

Wind energy conversion systems Swimming pool fencing Installation of excess flow gas shut-off devices activated by motion Parking of boats, trucks, etc. in residential districts Subdivisions generally

Repealed Ch. 8-15

6-2304

131

Subdivision maps

81-39 78-5

263 288 131 162 288 131 131

74-67

Expiration of approved tentative maps Subdivisions (whole title) Subdivisions tentative map filing requirements generally Tentative maps filing requirements generally Tentative map approval expiration or extension Subdivisions appeal procedure fee Subdivision improvement

6-3001

6-3003 6-3004

79-18 79-18 79-18 79-18 79-18 79-18 79-18 79-18 79-18

288 288 288 288 288 288 288 288 288 131

Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Streets in new subdivisions

Lafayette, California, Code of Ordinances Page 17 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Div. 912 ( 912-2.002 912-2.006) Div. 913 913-6.002 913-6.004 Div. 914 ( 914-2.002 914-12.402) Div. 916 ( 916-2.002 916-4.402) Div. 918 ( 918-2.002 918-2.006) Div. 919 ( 919-1.001 919-3.011) Div. 922 ( 922-2.202 922-4.1206) 922-2.206 Art. 922-4.14 ( 922-4.1402) Div. 924 ( 924-2.002 924-4.402) Div. 1002 ( 1002-2.002 1002-8.046) 1002-2.018 1002-6.012 1002-6.016 Div. 1006 ( 1006-2.202 1006-4.604) Div. 1010 ( 1010-2.002 1010-10.806) 1010-2.006 amended 1010-10.202 amended Ch. 1108-4 ( 1108-4.002 1108-4.014)

131

Survey monuments in new subdivisions

79-80 79-85 79-85

288 288 288 131

Bridge crossings Subdivisions Subdivisions Drainage in new subdivisions

131

Water and sewer service in new subdivisions

131

Fences in new subdivisions

175

Subdivisions hillside land

6-2009

131

Minor subdivisions

131 175 131

Subdivisions application fee Hillside land additional regulations and improvement standards Reversion to acreage

6-3002 6-2010

131

Encroachments

74-74 75-51 77-103

162 179 200 131

Public works and flood control encroachments Public works and flood control security Public works and flood control security Road dedications and setbacks

471

Drainage

131

Unclaimed property

Repealed

375

30% fee on total fee charged by county building inspection department

Lafayette, California, Code of Ordinances Page 18 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

88-90 80-97 81-56 81-69 81-79 82-23 88-42

375 250 289 289 289 289 289

Building permit fee schedules Animal control Water supply systems Preferential parking privileges Amends Ord. 81-69 Adopts 1981 edition of National Electrical Code Private sewage systems

Repealed

(Ord. 537 15, 2003; Ord. 536 18, 2002; Ord. 520 13, 2001; Ord. 515 14, 2000; Ord. 509 13, 1999; Ord. 493 13, 1998; Ord. 484 1, 1998; Ord. 471 16, 1997; Ord. 397 1, 2, 1992; Ord. 375 1, 3 (part), 1989; Ord. 365 1 (part), 3 (part), 1988; Ord. 325 1 (part), 3 (part), 1984; Ord. 321 1 (part), 3 (part), 1984; Ord. 308 1, 1983; Ord. 306, 1983; Ord. 289 1, 1983; Ord. 288 1, 2 (part), 1983; Ord. 263 1, 1982; Ord. 250 1, 1981; Ord. 228 1(ad), (gk), 1980; Ord. 202 2, 1978; Ord. 200 1(a) (part), (cj), (k) (part), (l), 1978; Ord. 182 1 (part), 1977; Ord. 179 1, 1977; Ord. 175 2 (part), 3 (part), 4 (part), 1976; Ord. 162 1(a) (part), (bc), (e), 1976; Ord. 131 4 (part), (13) (part), 1975; Ord. 41 1 (part), 1970)

Chapter 1-6 - FEES AND SERVICE CHARGESSections:Article 1. - General Provisions Article 2. - Approval and Review of Fees Article 3. - Transportation Development Fees

Article 1. - General Provisions1-601 - Establishment of fees. 1-602 - Accrual of interest on fees.

1-601 - Establishment of fees. Where, by ordinance, rule or regulation, a fee is imposed for the doing of an act, the city council may fix the fee to be charged therefor by resolution. (Ord. 446 1 (part), 1995) 1-602 - Accrual of interest on fees. (a) Wherever by ordinance, rule or regulation, a fee is imposed for the doing of an act, the fee charged is a debt which the city may collect in the same manner as in the case of an obligation underLafayette, California, Code of Ordinances Page 19 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

an express or implied contract. (b) The fee charged accrues interest from the due date stated on the billing at the rate of nine percent a year. (Ord. 446 1 (part), 1995)

Article 2. - Approval and Review of Fees1-605 - Purpose. 1-606 - Definitions. 1-607 - Miscellaneous products and services for which a fee may be established. 1-608 - City manager to propose adjustment to all fees and charges. 1-609 - Review of all fees and charges every three years. 1-610 - Preparation of report. 1-611 - Approval of new, and adjustment of old, fees and charges. 1-612 - Notice of public hearing. 1-613 - Public availability of report.

1-605 - Purpose. The purpose of this article is: (a) To enable the city, consistent with Article XIIIB of the California Constitution, to recover the city's cost in providing products and services not specifically authorized by any other provision in this code; and (b) To establish a system for regular review of city fees and charges.

(Ord. 446 2 (part), 1995) 1-606 - Definitions. In this article unless the context otherwise requires: "Total cost" means the total reasonable estimated cost of providing a product or service. The total cost is the sum of the following elements: (a) Every direct cost including salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred; (b) Every indirect cost including building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, and similar expenses; (c) Fixed asset recovery expense, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charge calculated on the current estimated cost of replacement, dividedLafayette, California, Code of Ordinances Page 20 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not previously recovered and reserved in cash and the full cost of replacement, which also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset; (d) General overhead, expressed as a percentage, which distributes and charges the expense of the city council and city commissions, city manager, city clerk, elections, finance department, city attorney, unallocated nondepartmental expenses such as rent, and all other staff and support service provided to the entire city organization; (e) Departmental overhead, expressed as a percentage, which distributes and charges the cost of each department and its supporting expenses; (f) Debt service costs, consisting of repayment of principal, payment of interest and trustee fees and administrative expenses for all applicable bond, certificate or securities issues, or loans. (Ord. 446 2 (part), 1995) 1-607 - Miscellaneous products and services for which a fee may be established. In addition to those fees authorized by another provision of this code the city council may set a fee for the following products and services by resolution: Administrative Services Agenda serviceOne year Copy of printed materials Dishonored/returned check fee Lafayette Municipal Budget (copy) Lafayette Municipal Code (copy) Processing fee for late payment on city invoices (after 30 days) Police Services Copy of other printed materials Copy of speed survey for city street Copy of traffic collision report Crime report Driving-under-influence charges Fingerprinting Parking permitsCity lots

Lafayette, California, Code of Ordinances Page 21 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Police authorization letters (e.g., VISA letters) Public Works Services Damage to city property Engineering Services Certificate of compliance Creek setback conformance review Creek setback variance request Encroachment permitInspection Encroachment permitProcessing Engineering review on referral from planning Equipment storage in right-of-way Failure to meet repaving deadline Final or parcel map filing House moving Improvement inspectionLess than $100K Improvement inspectionMore than $100K Oversize/overweight loads Pavement trenching< 2 yr. old overlay Pavement trenching> 2 yr. old overlay Plan check feeLess than $5K project cost Plan check fee$5K to $25K project cost Plan check fee$25 to $50K project cost Plan check feeOver $50K project cost Reinspection due to delay Review by outside consultant Review of utility operations Signs in right-of-way Work without permitLafayette, California, Code of Ordinances Page 22 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Planning Services Agenda service Annexation Certificate of compliance Change of address request Change of conditions Copy of general plan map and text Copy of zoning map Copy of the zoning ordinance Design review by design review committee Design review study session Design review per 2nd floor ord. by design review comm. Design review per 2nd floor ord. by zoning administrator General plan amendment Land use permitExisting building Land use permitNew building Lot line revision Major subdivision (5 or more lots) Minor design review by planning director Minor subdivision Parking compliance review by parking commission Planning commission design reviewNew building Planning commission design reviewExisting building Right-of-way vacation Temporary land use permit Variance by planning commission Variance by zoning administrator Waiver for underground utility requirementLafayette, California, Code of Ordinances Page 23 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Zoning text change/rezoning (Ord. 446 2 (part), 1995) 1-608 - City manager to propose adjustment to all fees and charges. (a) The city manager is delegated the authority and is directed to propose the fee and service charges with respect to each of the products and services listed in Section 1-607 and those fees and charges authorized in other sections of this code and to regularly propose adjustment to them in order to recover the costs allowed by law. (b) The city's fee or charge for providing a particular product or service may not exceed one hundred percent of the total cost for providing the product or service, unless (1) the issue of charging in excess of the total cost is submitted to the voters and (2) two-thirds of those electors voting on the issue approve (California Constitution Article XIIIB). In every other case, revenue from a fee or charge that exceeds the actual total cost shall not go to the general fund but shall be used to reduce the fee or charge that resulted in excess revenue. (c) The city's fee or charge for a particular product or service may not exceed the limit for that product or service otherwise established by state law or other provision of this code. (Ord. 446 2 (part), 1995) 1-609 - Review of all fees and charges every three years. (a) The city manager shall review the city's total costs for providing products and services every three years. The fees and charges scheduled for review shall be reviewed as part of the city's annual budget process for that year to determine whether and by how much the city's fees and charges must be adjusted to obtain maximum recovery. Review of the city fees and charges shall begin in connection with the 1998 budget process. (b) The city manager may review and propose a change to the city's fees and charges more frequently than every third year if: (1) A gross inequity would be perpetrated by the existing schedule of fees and charges on a new event; or (2) (3) A new city product or service not listed in Section 1-607 is proposed; or The cost of a city product or service charges.

(Ord. 446 2 (part), 1995) 1-610 - Preparation of report. (a) Upon completion of the review of fees and charges, the city manager shall prepare a report for the public hearing provided for in Section 1-611. The city manager shall prepare the report proposed in conjunction with the city's annual budget process as a companion document to the city's proposed budget for that year. (b) The report shall document the city's total costs for providing the products and services listed in Section 1-607; the revenue sources, including general fund revenues, to provide the products andLafayette, California, Code of Ordinances Page 24 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

services; and any change since the fees and charges were previously set or adjusted. The report shall provide a summary of both the present and the proposed city schedule of fees and charges. The report shall explain each proposed change to the schedule of fees and charges. (Ord. 446 2 (part), 1995) 1-611 - Approval of new, and adjustment of old, fees and charges. The city council shall approve by resolution each new fee or charge or increase to an existing fee or charge. Before adopting the resolution, the city council shall hold a public hearing as part of a regularly scheduled meeting at which oral and written presentations can be made on the report and on any proposed change to the schedule of fees and charges. (Ord. 446 2 (part), 1995) 1-612 - Notice of public hearing. (a) The city clerk shall provide notice of the time and place of the city council's public hearing in accordance with the requirements of Government Code Sections 6601666018, depending on which fees or charges the city manager's report proposes for addition or increase. The notice shall include a general explanation of the matter to be considered and a statement of the availability of the city manager's report. (b) In accordance with Government Code Sections 66016 and 66017 the city clerk shall, for each of the following fees and charges, provide notice by mail at least 14 days before the public hearing to each interested party who has filed a written request to have such notice: (1) (2) Planning service fees under Government Code Section 65104; Specific plan fees under Government Code Section 65456;

(3) Use permit, variance, zone change, building inspection, building permit, subdivision map and planning service fees under Government Code Sections 65909.5 and 66014; (4) Subdivision map processing fees under Government Code Section 66451.2;

(5) Building permit and building record fees under Health and Safety Code Sections 17951, 19132.3 and 19852; and (6) Development project fees under Government Code Section 66000.

(c) For all other fees or charges (unless a specific statutory notice requirement applies), the city clerk shall in accordance with Government Code Section 66018, provide notice by publication for ten days under Section 6062a of the Government Code. (d) If the city manager's report adds to or increases two or more fees or charges with one or more being governed by subsection (b) and one or more being governed by subsection (c), then the city clerk shall follow the notice procedure set forth in both subsection (b) and subsection (c). (Ord. 446 2 (part), 1995)

Lafayette, California, Code of Ordinances Page 25 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

1-613 - Public availability of report. The city manager's report shall be made available to the public at least ten days before the public hearing for consideration of a proposed adjustment to the city's fees and charges. (Ord. 446 2 (part), 1995)

Article 3. - Transportation Development Fees1-621 - Purpose of article. 1-622 - Purpose of fees. 1-623 - Findings. 1-624 - Fee adoption. 1-625 - Fee exemptions, reductions and credits. 1-626 - Disposition of fees. 1-627 - Annual fee adjustment.

1-621 - Purpose of article. The purpose of this article is to adopt the Lamorinda transportation development few program, identifying fees to be charged for highway, arterial and transit projects for the Lamorinda area. This article is enacted as part of the Subregional Transportation Mitigation Program (STMP) approved by the Southwest Area Transportation Committee (SWAT) and its member agencies (the cities of Lafayette, Orinda, Moraga, Danville, San Ramon and the county of Contra Costa) under the authority of Measure C, the Contract Costa County half-cent sales tax measure adopted in 1988. It implements the fee program, which is established by the Lamorinda Fee and Financing Authority, a joint exercise of powers authority organized by the cities of Lafayette and Orinda and the town of Moraga, dated April 22, 1998, a copy of which is on file with the Lafayette city clerk. (Ord. 488 1 (part), 1998) 1-622 - Purpose of fees. The fees imposed by Section 1-624 are to fund the highway, arterial and transit projects set forth in the Development Program Report, which is Attachment 2 to the Joint Exercise of Powers Agreement entered into by the Cities of Lafayette, Orinda and the town of Moraga. (Ord. 488 1 (part), 1998) 1-623 - Findings. The city council finds that: (a) There is a reasonable relationship between proposed uses for the fees imposed by this Article 3 and the types of development upon which the fees are imposed in that the developments will generate additional traffic on thoroughfares in the Lamorinda area, thus creating a need to expand, extend or improve existing thoroughfares and other transportation facilities or construct new ones to mitigate adverse traffic and infrastructure impacts otherwise resulting from thoseLafayette, California, Code of Ordinances Page 26 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

developments. (b) The fees will be used to pay for the administration, planning, environmental documentation, design, right-of-way acquisition and construction of the improvements described in the Development Program Report referred to in section 1-622. The fees will be used solely for eligible improvements approved by the parties to the Joint Exercise of Power Agreement. (c) The nexus findings, in conformity with Government Code section 66000, et seq.) contained in the "Nexus Analysis Report" prepared for SWAT by Cambridge Systematics, Inc., which is on file with the city clerk, are incorporated in this Article 3 by reference. (Ord. 488 1 (part), 1998) 1-624 - Fee adoption. (a) A fee is imposed on each land use type as follows: Fee Schedule $3,795 per dwelling unit

Land Use Category Single family residential use Individual unit, duet home with one shared wall, and residential condominium Multiple family residential College/university Commercial, office, retail or industrial use Other nonresidential uses not

$2,367 per dwelling unit $902 per student $1.60 per square foot of gross floor area $3,757 per trip generated as calculated by a traffic study approved by City with methodology approved by SWAT

(b) The fee is imposed as a condition to and shall be collected before the issuance of a building permit. (Ord. 488 1 (part), 1998) 1-625 - Fee exemptions, reductions and credits. (a) Exemptions. The following exemptions apply to the fees imposed by Section 1-624 (1) A project that replaces an existing structure or development to the extent that it does not generate more peak hour vehicle trips than the existing structure or development; (2) A development agreement that is approved by an ordinance that is adopted before July 1, 1998; and (3) A subdivision map for which the final map was approved on or before June 30, 1998, if the fee for the applicable land use category set forth in Section 1-624 was paid, the city shall provide a credit as follows: (i) If at the time the subdivision map was approved a fee was imposed in an amount less than that provided in Section 1-624, the city shall provide a credit for the amount paid, and the balance measured by the difference between the amount set forth in Section 1-624 andLafayette, California, Code of Ordinances Page 27 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

the amount paid shall be imposed; (ii) If at the time the subdivision was approved, the city required the developer to install improvements that were intended to improve or increase vehicular traffic capacity outside the boundaries of the subdivision, the city shall provide a credit against the amount of the fee imposed under Section 1-624 for each lot, based on the actual cost of such construction, divided by the number of lots in the subdivision. (b) Reductions. In addition to the exemptions in subsection (a) above, city may grant an exemption in the form of a full or partial reduction of fees as provided by rule or regulation adopted by the Lamorinda Fee and Financing Authority. The basis for a reduction must be based upon: (1) a finding that a development will generate a lower number of trips than data provided by the Institute for Transportation Engineers (ITE) that was used as the basis for the Nexus Analysis Report and (2) a traffic study that determines that the traffic impacts of the proposed development would generate fees that are less than those set forth in Section 1-624. The traffic study shall be conducted in accordance with CCTA "Technical Procedures" and shall be reviewed by the Technical Advisory Committee for the Lamorinda Fee and Financing Authority. City shall determine the appropriate fee reduction based upon the proportionate reduction in trips demonstrated by the traffic study. (c) Credits. (1) The city may grant a credit against fees for the dedication of land for right-of-way or construction of improvements or traffic mitigation programs for specific major thoroughfare improvements listed in the Development Program Report referred to in Section 1-622; if the dedication of right-of-way or construction or traffic mitigation programs exceeds that which would otherwise be required for approval of the proposed development. (2) The city may grant a credit only upon its determination that the credit is exclusive of the dedication, setback, improvement or traffic mitigation measures, which is otherwise required by a provision of this municipal code, ordinance, standard or other City requirement. (3) The city shall calculate the credit upon the actual cost of construction or, in the case of dedication of land, an approved independent appraisal. (Ord. 517 2, 2000; Ord. 497 1, 1999; Ord. 488 1 (part), 1998) 1-626 - Disposition of fees. The city shall collect each fee imposed and remit the non-set-aside portion of the fees to the designated Treasurer in accordance with the Joint Exercise of Powers Agreement and the bylaws adopted by the Lamorinda Fee and Financing Authority, The set-aside portion of the fee proceeds shall be retained by the city in a separate account to be used for the purpose described in Sections 1-622 and 1-623. Interest accumulated on the fees collected may be used only for the same purposes. (Ord. 488 1 (part), 1998) 1-627 - Annual fee adjustment. Effective January 1, 1999 and January 1st of each subsequent year, the amount of the fees set forth in Section 1-624 shall be adjusted by the amount of increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the preceding period ending September 30th. The adjustment shall be automatic and does not require further notice or public hearing.Lafayette, California, Code of Ordinances Page 28 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

(Ord. 488 1 (part), 1998)

Chapter 1-7 - Repealed by Ordinance 560, effective 9/25/06

Chapter 1-8 - CLAIMS AGAINST THE CITY OF LAFAYETTESections:1-801 - Claims presentation procedures. 1-802 - Further claims presentation procedures.

1-801 - Claims presentation procedures. Every claim for money or damages against the city must be presented to the city clerk or the city clerk's designee. (Ord. 420 1, 1993) 1-802 - Further claims presentation procedures. The following claims procedures are established under Government Code Section 935: (a) Every claim against the city for damages or money, when a procedure for processing such claims is not otherwise provided by State law, shall be presented within the time limitations and in the manner prescribed by Government Code Sections 910 through 915.2 notwithstanding the exceptions set forth in Section 905 of the Government Code. (b) Each such claim is subject to Government Code Section 945.4 relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the council. (Ord. 420 1, 1993)

Chapter 1-9 - ADMINISTRATIVE CITATIONS [2](2) Editor's note Ord. No. 590, 1, adopted Sept. 28, 2009, deleted the former Ch. 1-9, 1-9011-911, and enacted a new Ch. 1-9 as set out herein. The former Ch. 1-9 pertained to administrative citations and derived

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Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

from Ord. 560 3 (part), 2006.

Sections:1-901 - Findings and determination. 1-902 - Definitions. 1-903 - Warning notice, notice of violation and time to correct. 1-904 - Administrative citation. 1-905 - Service of warning notice, notice of violation and administrative citation. 1-906 - Administrative penalties. 1-907 - Appeals. 1-908 - Appeal hearing procedure. 1-909 - Decision of the code enforcement appeals board. 1-910 - Right to judicial review.

1-901 - Findings and determination. The city council finds and determines as follows: (a) Sections 1-901 through Section 1-910, inclusive, shall be known as the administrative citation ordinance. (b) This chapter is enacted under the authority of California Government Code 36901 and 53069.4. (c) The administrative citation process in this chapter is in addition to all other legal remedies, criminal or civil, available to the city to address a violation of this municipal code. (d) This chapter may be used to enforce any violations of this municipal code, including Chapter 8-21 (e) The use of this chapter is at the sole discretion of the city.

(Ord. No. 590, 1, 9-28-2009) 1-902 - Definitions. (a) "Code enforcement appeals board" or "board" means the code enforcement appeals board as described in Chapter 2-10 (b) "Code enforcement officer" or "officer" means the city employee or agent of the city designated by the city manager to administer this chapter. The code enforcement officer may be the same official as described in subsection 8-2102(c) or any other employee or agent designated by the city manager to serve in this capacity. (c) "Days" means calendar days. In the event the last day of the specified time period falls on a Saturday, Sunday or federal holiday observed by the city, then the last day of the specified time period shall be the next business day. (d) "Owner" means the owner or owners of record of real property as shown on the latest county equalized assessment roll; the lessee, tenant or other person having control or possession of the property where the violation occurred; the mortgagee under a recorded deed of trust; and anyLafayette, California, Code of Ordinances Page 30 of 36

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other person having a recorded beneficial or legal interest. (Ord. No. 590, 1, 9-28-2009) 1-903 - Warning notice, notice of violation and time to correct. (a) Warning Notice. Whenever the code enforcement officer determines that a violation of this municipal code has occurred and that the violation does not pose an immediate hazard to the general welfare, health and safety, the officer may issue a warning notice to the owner. A warning notice shall be served in accordance with section 1-905 and shall include the following information: (1) Address or definite description of the location where the violation occurred;

(2) Description of the violation and applicable section or sections of this municipal code violated; (3) Requirements for abating the violation, and the dated by which the correction must be completed not to exceed 20 days based on the type, severity and number of previous violations on the same property, unless the officer determines there are circumstances that warrant additional time for abatement; and (4) Consequences for not abating the violation within the time specified in the warning, including but not limited to the imposition of administrative penalties, administrative charges, incurring of abatement costs, issuance of administrative citations and/or other legal remedies available to the city. (b) Notice of Violation. If the violation is not abated within the time limit specified in the warning notice, the officer may issue a written notice of violation to the owner. Notice shall be served in accordance with section 1-905 and shall include the following information: (1) (2) Date the violation was observed by the code enforcement officer; Address or a definite description of the location where the violation occurred;

(3) Description of the violation and applicable section or sections of this municipal code violated; (4) Requirements for abating the violation, and the date by which the correction must be completed not to exceed 30 days based on the type, severity and number of previous violations on the same property, unless the officer determines there are circumstances that warrant additional time for abatement; (5) An explanation that if the violation is not corrected by the correction date set forth in the notice of violation, an administrative citation, carrying administrative penalties in the amounts set forth in this chapter, which will begin to accrue immediately on the date the administrative citation is issued, and continue to accrue on a daily basis thereafter until the violation is corrected, may be issued; and (6) The name and signature of the code enforcement officer, and the date of issuance.

(Ord. No. 590, 1, 9-28-2009)Lafayette, California, Code of Ordinances Page 31 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

1-904 - Administrative citation. (a) When the code enforcement officer determines that a violation of this municipal code for which a notice of violation was issued was not corrected by the correction date set forth in the notice of violation, the officer may issue an administrative citation to the person responsible for the violation. (b) The administrative citation shall include the following information: (1) (2) Date the violation was observed by the code enforcement officer; Address or a definite description of the location where the violation occurred;

(3) Description of violation and applicable section or sections of this municipal code violated; (4) (5) (6) (7) Amount of the fine for the code violation; Date by which the fine is due and payable to the city; Consequences of not paying the fine by the due date; and Process for appealing the issuance of the administrative citation.

(c) The administrative citation may also include administrative costs pursuant to subsection 8-2111(b)(1) of this code. (Ord. No. 590, 1, 9-28-2009) 1-905 - Service of warning notice, notice of violation and administrative citation. A warning notice, notice of violation and administrative citation shall be served in one of the following methods: (a) The code enforcement officer may personally serve the warning notice, notice of violation or citation on the person responsible for the violation. The warning notice, notice of violation or citation shall become effective on the date of personal service. (b) The code enforcement officer may mail the warning notice, notice of violation or citation by certified mail, return receipt requested, to the owner of the property where the violation occurred at the address shown on the county's last property tax assessment rolls or to any other address known for the owner. The warning notice, notice of violation or citation shall become effective on the date of the certified mailing. (c) The code enforcement officer may post the property where the violation occurred with the warning notice, notice of violation or citation in a conspicuous place when the owner or person responsible for the violation resides at an unknown address. A copy of the warning notice, notice of violation or citation also shall be sent certified mail, return receipt requested, to the subject property where the violation occurred to the owner's attention. The warning notice, notice of violation or citation shall become effective on the date of the posting of the property. (d) The failure of an owner or other person responsible for the violation to receive a notice or citation shall not affect the validity of any proceedings taken under this chapter.Lafayette, California, Code of Ordinances Page 32 of 36

Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

(Ord. No. 590, 1, 9-28-2009) 1-906 - Administrative penalties. (a) Unless the code enforcement officer has received a notice of appeal to indicate that the administrative citation is being contested pursuant to the procedure and within the time period provided in this chapter, administrative penalties shall accrue on the date of the administrative citation and continue to accrue on a daily basis until the violation(s) is corrected as set forth in the administrative citation to the satisfaction of the code enforcement officer. Administrative penalties shall become due and payable within 30 days of the effective date of the administrative citation and shall be payable directly to the City of Lafayette, Citations c/o Finance Department, 3675 Mt. Diablo Blvd #210, Lafayette, CA 94549. (b) Except where otherwise provided in the code, or where otherwise determined by the code enforcement officer pursuant to subsection (c) below, the amount of the administrative penalty imposed by an administrative citation shall be as follows: (1) One hundred dollars for a first violation of any provision of this code determined to be an infraction including a violation of building or safety code provision; (2) Two hundred dollars for a second violation of the same provision (other than a building or safety code provision) within one year from the date of issuance of the administrative citation, and $500.00 for a second violation of a building or safety code provision within one year from the date of issuance of the administrative citation; (3) Five hundred dollars for each additional violation of the same provision (other than a building or safety code provision) within one year from the date of issuance of the administrative citation, and 1,000.00 for each additional violation of a building or safety code provision within one year from the date of issuance of the administrative citation; (c) The code enforcement officer, in his/her discretion, may impose an administrative penalty in some lesser amount than those set forth in subsection (b) above, taking some or all of the following factors into consideration, in determining the amount of the penalty: (1) The duration of the violation;

(2) The frequency, recurrence and number of violations, related or unrelated, by the same violator; (3) (4) (5) (6) (7) The seriousness of the violation; The good faith efforts of the violator to come into compliance; The economic impact of the penalty on the violator; The impact of the violation on the community; or Such other factors as justice may require.

(d) The code enforcement officer, in its discretion, may suspend the imposition of administrative penalties for any period of time during which:

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Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

(1) (2)

The violator has filed for necessary permits; Such permits are required to achieve compliance; and

(3) Such permit applications are actively pending before the city, state or other appropriate governmental agency. (Ord. No. 590, 1, 9-28-2009) 1-907 - Appeals. A recipient of an administrative citation may appeal the citation and may request a hearing before the code enforcement appeals board as follows: (a) An appeal form shall be obtained from the code enforcement officer. The completed appeal form shall be filed with the officer within 14 days of the effective date of the administrative citation together with an appeal fee established by resolution by the city council. (b) Only after the completed appeal form has been filed together with the appeal fee shall the code enforcement officer set the date for a hearing. The hearing shall be set for a date not less than 14 days or more than 60 days after the officer received the request. (c) The appellant may request one continuance, but in no event shall the hearing be continued more than 30 days after the date of the originally scheduled hearing unless the code enforcement officer finds circumstances of hardship warrant a longer continuance not to exceed 90 days after the date of the originally scheduled hearing. (d) The appellant shall be notified by certified mail, return receipt requested, of the date, time and place set for the hearing. Notice shall be sent at least ten days prior to the date of the hearing. The notice shall include a statement that the city may pursue any and all legal and equitable remedies for the recovery of unpaid fines and administrative charges. The notice shall be mailed to the appellant at the address provided on the completed appeal form. Failure of the appellant to receive notice shall not affect the validity of any proceedings taken under this chapter. (e) Any documentation, other than the administrative citation, which the code enforcement officer has submitted or will submit to the code enforcement appeals board shall be served on the appellant at least three days before the hearing. (f) Failure of a recipient of an administrative citation to file an appeal in accordance with the provisions of this section shall be deemed to waive his or her right to an appeal hearing. (Ord. No. 590, 1, 9-28-2009) 1-908 - Appeal hearing procedure. (a) No appeal hearing shall be held unless the appeal fee has been paid in accordance with Section 1-907 (b) Hearings by the code enforcement appeals board are informal and formal rules of evidence and discovery shall not apply. (c) The code enforcement officer and appellant shall be given the opportunity to testify andLafayette, California, Code of Ordinances Page 34 of 36

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present evidence concerning the alleged violation. (d) The administrative citation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (e) The code enforcement appeals board may continue a hearing to request additional information from the code enforcement officer and/or appellant and/or to conduct an inspection of the location of the violation prior to concluding the hearing. (f) If the violation is non-conformance with a permit issued under Title 6, the code enforcement appeals board may continue the hearing and refer the violation to the body that issued the permit for additional information and/or recommendation, including the zoning administrator, design review commission, planning commission, or city council. (g) If the location of the violation is on property owned by the appellant, the code enforcement appeals board may inspect the property prior to the conclusion of the hearing provided that the appellant consents to the inspection, is given the notice of the date and time of the inspection, and is permitted to be present during the inspection. The board shall state for the record during the hearing the material facts observed and conclusions drawn from the inspection. The appellant shall be afforded an opportunity to rebut or explain the matters so stated by the board. If the location of the violation can be inspected from areas accessible to the general public or with the permission of other persons authorized to provide access to the location, then notice to and consent of the appellant is not required. (h) Failure of the appellant to appear at the hearing shall constitute a waiver of his or her right to an administrative hearing. (Ord. No. 590, 1, 9-28-2009) 1-909 - Decision of the code enforcement appeals board. (a) After considering all of the testimony and evidence submitted during the hearing, the code enforcement appeals board shall adopt a resolution to uphold, modify or cancel the administrative citation. The decision of the board is final. The resolution shall include the reasons for that decision which may be based on any or all of the following factors: (1) (2) (3) (4) (5) Duration of the violation; Frequency, recurrence and/or number of related violations by the appellant; Seriousness of the violation; Good faith efforts of the appellant to correct the violation; and/or Other factors as justice may require.

(b) If the code enforcement appeals board determines the administrative citation should be upheld, then the resolution shall include the action required to correct the violation and the date by which such action must be completed. The date of compliance shall be no more than 60 days from the date of the board's decision. The resolution shall include a payment schedule for any unpaid fines and/or administrative charges. The resolution shall also include the consequences of failing to correct the violation, including the placement of liens and/or special assessments, and the rightLafayette, California, Code of Ordinances Page 35 of 36

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to judicial review pursuant to Section 1-910 (c) If the code enforcement appeals board determines the administrative citation should be modified in terms of methods of correcting the violation and/or time limit for compliance, then the resolution shall include the modified action to correct the violation and/or the date by which correction must be completed. The resolution shall include a payment schedule for any unpaid fines and administrative charges. The resolution shall also include the consequences of failing to correct the violation, and the right to judicial review pursuant to Section 1-910 (d) The code enforcement appeals board may determine that the administrative citation should be canceled; in this case, all further actions related to this administrative citation shall be terminated. (Ord. No. 590, 1, 9-28-2009) 1-910 - Right to judicial review. The appellant may seek judicial review of the board's decision by filing a petition with a court of competent jurisdiction pursuant to California Code of Civil Procedure 1094.5 and 1094.6. The board's resolution shall contain a statement so advising the appellant of the time limit on seeking court review. (Ord. No. 590, 1, 9-28-2009)

Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06

Lafayette, California, Code of Ordinances Page 36 of 36

Title 2 - ADMINISTRATION* Chapter 2-17 - VACANCIES ON CITY COUNCIL

Title 2 - ADMINISTRATION*Chapters:Chapter 2-1 - CITY COUNCIL MEETINGS Chapter 2-2 - CITY MANAGER Chapter 2-3 - PLANNING COMMISSION Chapter 2-4 - CIRCULATION COMMISSION Chapter 2-5 - DESIGN REVIEW COMMISSION Chapter 2-6 - Repealed by Ordinance 524, effective 2/27/01 Chapter 2-7 - YOUTH COMMISSION* Chapter 2-8 - PARKS, TRAILS AND RECREATION COMMISSION Chapter 2-9 - REDEVELOPMENT AGENCY Chapter 2-10 - CODE ENFORCEMENT APPEALS BOARD* Chapter 2-11 - SENIOR SERVICES COMMISSION Chapter 2-12 - Repealed by Ordinance 523, effective 8/8/01 Chapter 2-13 - Repealed by Ordinance 346, effective 6/9/86 Chapter 2-14 - Repealed by Ordinance 451, effective 3/1/96 Chapter 2-15 - CRIME PREVENTION COMMISSION Chapter 2-16 - GENERAL MUNICIPAL ELECTION Chapter 2-17 - VACANCIES ON CITY COUNCIL

Chapter 2-1 - CITY COUNCIL MEETINGSSections:2-101 - Time of regular meetings. 2-102 - Place of regular meetings.

2-101 - Time of regular meetings. The regular meetings of the city council of the City of Lafayette shall be held on the second and fourth Monday of each month at seven p.m. If the meeting date falls on a holiday, the meeting will be held on the following day. (Ord. 435 1, 1994: Ord. 339 1, 1985: Ord. 150 1, 1975: Ord. 133 1 (part), 1975: Ord. 3 1, 1968) (Ord. No. 585, 1, 10-26-2009)

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Title 2 - ADMINISTRATION* Chapter 2-17 - VACANCIES ON CITY COUNCIL

2-102 - Place of regular meetings. The regular meetings of the city council shall be held at the Lafayette Library and Learning Center, 3491 Mount Diablo Boulevard, Lafayette, California. (Ord. 339 2, 1985: Ord. 133 1 (part), 1975: Ord. 11 1, 1968: Ord. 3 2, 1968) (Ord. No. 585, 1, 10-26-2009)

Chapter 2-2 - CITY MANAGERSections:2-201 - Office created. 2-202 - Residence. 2-203 - Eligibility. 2-204 - Bond. 2-205 - Acting city manager. 2-206 - Compensation. 2-207 - Powers and duties. 2-208 - Council-manager relations. 2-209 - Departmental cooperation. 2-210 - Att