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HomeMy WebLinkAbout00-12 Procedures for Civil Citations and Civil FinesORDINANCE NO. 00-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING CHAPTER II . TO TITLE 1 OF THE COSTA MESA MUNICIPAL CODE REGARDING PROCEDURES FOR CIVIL CITATIONS AND CIVIL FINES FOR VIOLATIONS OF THE COSTA MESA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter II to Title I of the Costa Mesa Municipal Code is hereby amended to read as follows: "Chapter II CIVIL CITATIONS Sec. 1-34. Applicability. (a) This chapter makes any violation of the provisions of this Code subject to civil fines. (b) This chapter establishes the administrative procedures for . the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code section 53069.4 and the . City's general police power. (c) The issuance of a civil citation under this chapter is solely at the City's discretion and is. one option the City has to address violations of this Code. By adopting this chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the City may select in a particular case. (d) The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community. (e) Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this Code existing thereon. The provisions of this subsection shall be an implied term of any instrument affecting the right to possession of real property located in the City of Costa Mesa. (f) Because of the serious blighting conditions that can result affecting the residents' health and safety, this chapter is intended to impose strict civil liability upon the owners of real property for all building, housing, fire, health, land use, and abandoned vehicle code and zoning violations that occur upon the subject premises. Sec. 1-35. Definitions. The following definitions apply to the use of these terms for the purposes of this chapter: (a) Building violation - Any violation of this Code pertaining to building, housing, plumbing, electrical, or other similar structural or zoning regulations, including regulations set forth in Title 5 of this Code, that does not create an immediate danger to health or safety. (b) Citation - A civil citation issued pursuant to this chapter stating there has been a violation of this Code. Citation includes a Notice of Noncorrection unless the context clearly shows otherwise. (c) Citee - Person given a civil citation charging him or her as a responsible person for a Code violation. (d) Code Enforcement Officer Any City employee or agent of the City designated by the City Council pursuant to section 1-33.1 to have the authority and responsibility to enforce certain provisions of this Code. (e) Correction Period — The period of time allowed for a citee to correct a Building Violation shown on a civil citation. (f) Department - The Development Services Department of the City of Costa Mesa. (g) Director - The Director of the Department or his or her designee. (h) Hearing officer - The person appointed by the City Manager to serve as the hearing officer for Administrative Reviews. .Prior to conducting hearings the Hearing Officer must first be certified by the City Attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience. (i) Issued - Giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the citee, or the date' it is posted on real property where a property related violation exists. 2 (j) Notice of Decision - A form prepared by the -Department used to inform a citee of the decision made regarding various provisions of this chapter. (k) Notice of Noncorrection - A notice contained in the second citation issued for a building violation which notes the violation on the prior citation has not been corrected within the applicable correction period. (1) Responsible person - A responsible person is any of the .following: (1) A person who causes a Code violation to occur. (2) A person who maintains or allows a Code violation to continue, by his or her action or failure to act. (3) A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act. (4) A person who is the owner of, lessee or sublessee with a current right of possession of, real property where a property related .code violation occurs. (5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises. (6) A person who is the beneficiary under a Deed of Trust for the property where a property related violation exists and that person has not corrected the violation within 30 days after being notified by the Director in writing of the violation and the fact that the Trustee under the Deed of Trust is no longer living on the property and his or her whereabouts is unknown. For purposes of this subdivision "person" includes a natural person or legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a legal rebuttable presumption that the record owner of a parcel according to the County of Orange's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises. For the purposes of this chapter, there may be more than one responsible person for a violation, and a. minor at least 14 years of age may be a responsible person subject to the provisions of this chapter for a violation personally committed by the minor. Sec. 1-36. Civil Citation - General. (a) Any City Code Enforcement Officer upon determining that a provision of this Code, which he or she is charged to enforce, has been violated has the authority to issue a civil citation to any responsible person or persons. A Code Enforcement Officer may issue a citation for a violation not committed in the officer's presence if the officer has determined through investigation that the responsible person cited did commit the violation. A responsible person to whom a 3 citation is issued shall be liable for and shall pay to the City the fine or fines described in the citation when due pursuant to the provisions of this chapter. (b) Every person who applies for and receives a permit, license, or any type of .land use approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued a civil citation and be liable for civil fines under the provisions of this chapter. (c) Each day a violation of this Code exists shall be a separate violation and be subject to a separate fine. A citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code sections. (d) The City may take into consideration the fact that a person has been issued citations when the City is determining whether to grant, modify, suspend, revoke, or deny any permit, license, or any type of land use approval regarding that person, and such citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity. Sec. 1-37. Civil Citation — Building Violations. (a) When a citation is issued for a building violation, a thirty (30) day correction period shall be allowed for the correction of the violation and the citee shall correct the violation within that period. Notwithstanding section 1-36, no responsible person for a building violation shall be liable for a civil fine unless the violation continues after the 30 days allowed for its correction, plus any extension pursuant to subdivision (b), and he or she is issued a second citation containing a Notice of Noncorrection. (b) The citee of a building violation may request an extension of the correction period provided that a request is filed with the Director before the 30 - correction period ends. The Director may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the citee has supplied substantial evidence showing that the correction cannot reasonably be made within the 30 -day period. The filing for such an extension does not, unless granted, extend the 30 -day period or any other time periods set by this chapter. (c) If a building violation has not been corrected by the end of the correction period, the Code Enforcement Officer has authority to issue to the responsible person a second citation containing a Notice of Noncorrection. . The citee to whom the Notice of Noncorrection is issued shall be liable for and shall pay to the City the fine or fines described in the citation which fine shall be due on the date this second citation is issued. Additional citations may be issued and fines 4 imposed for every day the violation continues uncorrected from the date the second citation is issued. Sec. 1-38. Citation Contents. (a) Each citation shall contain the following information: (1) Name of the responsible person for the violation of this Code. (2) Date on which the Code violation occurred.. (3) The Code section violated. (4) Address where the Code violation occurred. (5) Description of the violation. (6) , Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty. (7) Designation of the building violation (if applicable), date the 30 - day correction period expires,. and how to request an extension of that period, and designation of a Notice of Noncorrection when the building violation has not been corrected. (8) Designation of prior. citations issued for the same Code violations, if known by the Code Enforcement Officer. (9) Description of the procedure for requesting a waiver of fine deposit and/or an Administrative Review to contest a citation. (10) Designation of an assigned hearing date, time and location to be used if the citee files a request for waiver of the fine deposit and/or an Administrative Review. (11) A notice that the Code violation is a nuisance and the process for the collection of unpaid fines and/or nuisance abatement costs as more specifically set forth in Section 1-48. (12) Signature of the Code Enforcement Officer issuing the citation. (13) Date the citation is issued. (14) A self-addressed envelope in which the citee can send to the City the fine or a request for a Waiver of Fine Deposit and/or an Administrative Review. (15) Any other information deemed necessary by the Director for enforcement or collection purposes. Sec. 1-39. Service of Civil Citations. A civil citation may be served as follows: (a) A Code Enforcement Officer may personally serve the citation on the citee. The citee shall sign a copy of the citation showing his or her receipt of the citation. (b) A Code Enforcement Officer may mail the citation by first class mail, if the citee is not present for personal service when the officer determines there has been a violation. The citation shall be mailed to the citee's address shown on the 5 County's last equalized property tax assessment rolls for a property related violation, or to any address known for the citee for all other violations. (c) A Code Enforcement Officer may post a copy of the citation on the property in a conspicuous place for a property related violation when the citee resides at an unknown address other than where the violation occurs. A copy of the citation will also be mailed to the citee at the property address. Sec. 1-40. Amount of Civil Fines. (a) The amount of the fines for violating particular provisions of this Code shall be set in a schedule of fines adopted by resolution by the City Council. The schedule may include escalating fine amounts for repeat Code violations occurring within specified periods of time. (b) The schedule of fines may also specify the amount of interest and late payment penalty owed for any fine not paid when due. A late payment penalty and interest shall be imposed for fines not paid within 30 days of their due date. (c) Fines are due on the day the citation is issued, except (i) fines for building violations shall be due on the day the second citation containing the Notice of Noncorrection is issued and (ii) when a fine deposit has been waived pursuant to Section 1-44 and the Hearing Officer upholds the citation the fine shall be due on the date the decision is made and the Notice of Decision given to the citeeat the end of the hearing by the Hearing Officer, or the date the Notice of, Decision is mailed to the citee. Sec. 1-41. Payment of Civil Fines. (a) A civil fine shall be paid to the City Finance Department within 30 days of its due date. (b) Payment of a fine shall not excuse the citee from correcting the Code violation. The issuance of a citation and/or payment of a fine does not bar the City from taking any other enforcement action regarding a Code violation that is not corrected, including issuing additional civil citations, and/or filing criminal complaints. Sec. 1-42. Preliminary Review. (a) A person given a civil citation may request a Preliminary Review, if the request is received by the Department within 14 days of the date the citation is issued, except a citation containing a Notice of Noncorrection of a building violation shall not be subject to a request for Preliminary Review. (b) To obtain a Preliminary Review, the citee shall appear at the public service counter of the Department at City Hall and bring a copy of the citation and C:7 file a signed written request stating the reasons why and any evidence showing no violation occurred or why he or she is not a responsible person for the violation. All filed requests shall be date stamped upon receipt by the Department. (c) The Preliminary Review shall be conducted by a City employee designated by the Director. The reviewer shall not be the Code 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, and not to resolve factual disputes concerning the violation that is the subject of the citation. (d) The Preliminary Review may be decided on the same day filed by the citee and shall consist of a review of the citation and the written statement 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 review shall be decided whenever reasonably possible at the time the request is received or otherwise within 3 business days of receipt of the request. (e) The citee shall be notified of the results of the review by being given a Notice of Decision. The notice may be made by mail, facsimile, or in person. The Department shall keep a record of all Preliminary Review requests, decisions, and notices for a 2 -year period. (f) A request for Preliminary Review does not extend any time periods for compliance, including the fine due date, the time any correction period ends, and the time to request an Administrative Review. (g) If the conclusion of the Preliminary Review is that no Code violation occurred or that the citee was not responsible for the violation, the citation shall be canceled. Sec. 1-43. Request for Administrative Review. (a) Any person receiving a civil citation may contest it by filing a request for an Administrative Review, except that a review of a building violation may not be requested unless 'and until a second citation containing a Notice of Noncorrection is issued. To obtain an Administrative Review, the citee shall file a signed written request form contained on the reverse side of the citation and indicate the grounds for contesting the citation and fine. A citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation. (b) To be effective and complete, the request must be received by the City within 30 days of the date the citation was issued, and be accompanied by a deposit of the full amount :of the fine. The request will not be accepted for filing if not accompanied by the fine deposit unless the citee also requests a waiver of the FA fine deposit pursuant to section 1-44. Where a request and fine deposit are mailed by the citee, the request and fine deposit shall be deemed filed on the date received by the City. All requests shall be date stamped upon receipt by the City. The Director is authorized to designate the location within the City where the fines and deposits must be delivered to the City to satisfy this subdivision. (c) The person requesting the Administrative Review shall appear at the hearing on the date, time and place specified on the citation. Failure to personally attend the hearing will be considered a nonappearance. Non-appearance by the citee sh-all constitute an abandonment of the request unless the hearing was continued pursuant to section 1-45(f). Sec. 1-44. Waiver of Fine Deposit. (a) A person filing a request for an Administrative Review may also request at the same time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate hearing on the request, the citee shall file with the City, the signed written request form contained on the reverse side of the citation, check the box indicating this request, and attach a statement on the grounds for the request. The procedure governing the filing of such requests shall be the same as provided in section 1-43(b). (b) The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to make the deposit of the fine. The citee shall personally appear at the hearing on the request and non-appearance shall constitute an abandonment of'the request unless excused pursuant to section 1-45(f). (c) The request will be decided by the Hearing Officer at the hearing date, time and place specified on the citation. The request shall be heard at a separate hearing before the Administrative Review hearing on the contest of the citation. At the conclusion of the hearing on the waiver request, the Hearing Officer shall issue a decision that the fine deposit is or is not waived. The Hearing Officer shall then insert on the Notice of Decision form the new date set for the Administrative Review which shall be within 45 days. A copy of the Notice of Decision shall be delivered to the citee at the end of the hearing on the waiver request. (d) If the waiver is denied, the Hearing Officer shall give the citee a self-, addressed envelope to use in making the fine deposit. The citee shall mail the deposit in the envelope provided so that it is postmarked at least 3 business days before the date designated on the Notice of Decision for the Administrative Review. The Director is authorized to designate the address to which the deposit is to be mailed. Failure to make the deposit by the time required shall be deemed an abandonment of the contest. (e) The filing of a request for hardship waiver of the fine deposit does not extend -the time within which to request an Administrative Review or any other s time set forth in this chapter, except as provided in subsection. (d), above. A Hearing Officer decision on the waiver is final and not subject to an appeal pursuant to Section 1-47. Sec. 1-45 Hearing Procedures. (a) Hearings shall be conducted by a Hearing Officer either: (i) on the date, time and place specified in the citation, (ii) on the date designated on the Notice of Decision when there was a request to waive the fine deposit which was heard on the date noted on the citation, or (iii) on a date set by the- Director at least 10 but not more than '30 days after the citee requests, a hearing pursuant to section 1-48(c) and at least 10 days notice thereof shall be given to the citee. (b) The Director shall ensure that the pertinent citation records are delivered to the Hearing Officer for a citation set for hearing, including information showing all fine deposits and waivers granted. . The Director shall also make available to the citee before the hearing a copy of any additional reports concerning the citation that are provided to the Hearing Officer. c) The citee shall be given the opportunity to testify- and to present evidence relevant to financial hardship, the Code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a citee who is a juvenile, under 18 years of age, shall accompany thecitee at the hearing or any request or contest shall be deemed abandoned. d) The citation, and any other reports prepared by the Code Enforcement Officer, or prepared.at his or her request, concerning the Code violation, attempted correction of the Code violation, or fine payments that are provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the Code violation and the facts stated in such documents (e) Neither the Code Enforcement Officer nor any other representative of the City shall be required to attend the hearing, nor shall the Hearing Officer require that there be submitted any evidence,, other than the citation, that may exist among the public records of the City on the violation. However, any such appearance and/or submission may be made at .the discretion of the Code Enforcement Officer or any City employee or agent. (f) The Hearing Officer, Director, or City Attorney may continue a hearing if a request is made by the citee, or the citee's representative, or the representative of the City, upon a showing of good cause. All continuance requests shall either (i) be made in person at the hearing by the citee or a representative if the citee is physically unable to attend, or (ii) be made by a written request received by the Department at least 24 hours before the hearing date. If the continuance is granted, a new hearing date shall be set within 45 days and noted on the Notice of Decision. If the continuance is denied, the hearing shall proceed as scheduled, and if the citee is not present the request shall be deemed abandoned in accordance 9 with subdivision (h) below. The decision on the continuance request is final and the notice shall either be delivered personally to the citee or the representative if present or be mailed by the Department. If the request for continuance is not made in person, the citee is responsible for determining whether the request is denied and the hearing is to proceed as scheduled. (g) The hearing shall be conducted informally and the legal rules of evidence need not be followed. The Hearing Officer does not have the authority to issue a subpoena. (h) The failure of the citee to appear at the hearing, unless the hearing was continued per subdivision (f) above, shall constitute an abandonment of the request for waiver of the fine deposit and/or Administrative Review, and a failure to exhaust administrative remedies concerning the violation as set forth in the citation. The fine deposit shall be credited by the City upon the fine due for the violation. The citee's failure to appear shall be noted on the Notice of Decision by the Hearing Officer and it shall be mailed to the citee. Sec. 1-46. Administrative Review Decision. (a) After considering all the evidence and testimony submitted at the Administrative Review, the Hearing Officer shall issue a written decision to uphold the citation or cancel it based upon a conclusion of whether or not a violation occurred for which the citee was a responsible person. The Hearing Officer has no discretion or authority to reduce or modify a fine. The decision will be made on a Notice of Decision form and designate the reasons and evidence considered for the decision. The decision of the Hearing Officer shall be made at the conclusion of the hearing and shall be final. The Notice of Decision shall be personally delivered to the citee at the conclusion of the hearing. - (b) If the decision is to uphold the citation, the City shall keep the fine deposited. If the decision is to cancel the citation, the City shall refund the fine deposit to -the citee within 30 days of the filing of the decision. If the citation is upheld and the fine deposit had been waived, the fine shall be due on the date the decision is given to the citee at the end of the hearing by the Hearing Officer, or the date the Notice of Decision is mailed to the citee. The Hearing Officer may collect any fine due from the citee at the end of the hearing. - (c) The Hearing Officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the number of citations upheld or canceled by the officer. Sec. 1-47. Right to Judicial Review. (a) The citee may seek judicial review of the Administrative Review decision by filing an appeal with the Superior Court within 20 calendar days after the citee receives a copy of the .Notice of Decision at the conclusion of the hearing 10 in accordance with the provisions of California Government Code section 53069.4. The appeal filed with the court shall also contain a proof of service showing a copy of the appeal was served upon the "City of Costa Mesa (Attention: City Attorney)." The citee must pay to the Superior Court the statutory filing fee when the appeal is filed. (b) No appeal is permitted from a decision regarding: (1) A request for preliminary review, (2) An extension of the 30 -day correction period for building violations, (3) A request for waiver of the fine deposit, or (4) A decision the citee is deemed to have abandoned the contest of the citation or fine due to her or his failure .to appear at the hearing or failure to deposit the fine. (c) The City Attorney shall forward to the Superior Court within 15 days of its request, the pertinent citation documents for any case appealed to that court. If the Superior Court cancels any citation, the City will refund any fine deposit made and the appeal filing fee. Sec. 1-48. Collection of Unpaid Fines. (a) The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines, interest and penalties owed by a person .under this chapter have been collected. (b) The City may refuse to issue, extend, or renew any City permit, license, or other City approval to any person, who has unpaid delinquent fines, interest, penalties, liens or assessments due under this chapter, related to the permit, license, or approval. (c) The City may suspend any permit, license, or land use approval issued to a person who has unpaid fines related to the permit, license, or approval totaling $500 or more that have been delinquent for over 30 days. The suspension shall become effective 20 days after the day notice of the suspension is placed by the Director in the U.S. mail, postage prepaid, . addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the procedures in section 1-45 on the issue of fine delinquency only, if the request is filed with the Director before the 20 day period ends. Continuing to operate under a suspended permit, license or approval shall be grounds for revocation of the permit, license or approval. Revocation may be made by the City Planning Commission at a public hearing for which the same 11 notice shall be given as' required for issuance of the permit, license, or approval involved, but in no event shall there be less than 10 days written notice. (d) It shall be unlawful for a citee to fail to pay any civil fine, interest, or penalty imposed pursuant to this chapter. The City Attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any citee who fails to make such a payment. The criminal fine for this violation shall be a mandatory minimum of $100. (e) Any violation of this Code shall constitute a nuisance. To compel code compliance, the City may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the -property where a property related violation occurred. Any unpaid delinquent civil fines, interest and penalties may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred pursuant to Government Code sections 38773.1 and 38773.5. (1) To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines, interest and penalties as an abatement lien or special assessment, the City's Director of Finance may at his or her discretion take the following steps: a. Submit to and receive from the City Council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; b. Request the Orange County Recorder to record a notice of any liens, or special assessments, and send the Recorder the resolution certifying the amounts; c. Request the Orange County Tax Collector to collect any special assessments certified by the City Council; and d. Take any other necessary action to enforce collection of any liens, or special assessments provided for in this chapter. (2) The Director may pursue the lien and special assessment remedies whether or not the City is pursuing any other action to terminate an ongoing Code violation that was the basis for the fine. (3) All citations shall contain a notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this section. The lien or assessment shall be imposed on the date the citation for the Code violation is issued to the responsible person and becomes effective upon the recording of a Notice of Lien or Assessment by the County Recorder. This notice shall satisfy the notice requirements of Government Code sections 38773.1 and 12 38773.5, when a civil citation is personally served on the citee. In addition, the City Finance Director shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least ten (10) days before the City Council considers the resolution and certifies the amounts of the liens and special assessments. (4) A citee may contest the amount and/or validity of any lien or. assessment for a civil fine at the -public hearing to certify the amount of the lien or assessment by City Council pursuant to subsection (e) of this section. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment. (f) The parent or legal guardian of a citee who is a minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this chapter. Any such fines may be collected from the minor, parent or guardian. Section 2. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance 'or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof -to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law; regulation, or codes dealing with life safety factors. Section 3. Publication. This ordinance shall take affect and be in full force and effect on , 2000, and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this ordinance and a certified copy of the text of this ordinance shall be posted in the office of the City Clerk five (5)- days prior to the date of adoption of this ordinance, and with fifteen (15) DAYS AFTER ADOPTION, THE City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk 13 a certified copy of this ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this19'a day of 2000. ATTEST 6- 7L*n- Deputy City Clerk of City of Costa Mesa 14 Ma APPROVED AS TO FORM LA10 orney IP', �0—rr- STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 00-12 was introduced and considered section by section at a regular meeting of the City Council held on the 3`' day of July, 2000, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 17th day of July, 2000, by the following roll call vote: AYES: Cowan, Erickson, Somers, Dixon NOES: Monahan • ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of July, 2000. Z. _ Deputy City Clerk and -officio Cler the City Council of the&Yof Costa Mesa