Alhambra Municipal Code Ch. 11.38 Civil Administrative Procedure

The purpose of this chapter is to establish a uniform civil administrative procedure for each violation within the jurisdictional limits of the city of any regulation set forth in this code and/or the California Vehicle Code governing the standing or parking of vehicles, the notice of which has been duly issued by a member of either the City Police Department or the Department of California Highway Patrol.

('86 Code, § 11.38.010) (Ord. 4236, passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CALIFORNIA HIGHWAY PATROL. The Department of California Highway Patrol of the State of California.

• CHIEF OF POLICE. The Chief of Police of the city of Alhambra or his or her designee.

• CITATION. The notice of violation.

• CITY. The city of Alhambra.

• CITY MANAGER. The City Manager of the city of Alhambra or his or her designee.

• CODE. The Alhambra Municipal Code.

• CODE OF CIVIL PROCEDURE. The Code of Civil Procedure of the State of California.

• CONTROLLER. The Controller of the State of California.

• COUNTY AUDITOR. The Los Angeles County Auditor-Controller.

COURT. The Municipal Court of the Alhambra Judicial District, County of Los Angeles, state of California.

DEPARTMENT OF MOTOR VEHICLES. The Department of Motor Vehicles of the state of California.

DIRECTOR OF FINANCE. The Director of Finance of the city of Alhambra or his or her designee.

EXAMINER. The person designated by the City Manager, with the consent and approval of the City Council, to conduct the administrative review as provided in this chapter.

FINANCE DEPARTMENT. The Finance Department of the city of Alhambra and/or any agency or company with which the city contracts for the providing of those services, or any portion thereof, deemed necessary by the Director of Finance and/or Chief of Police to carry out the provisions of this chapter.

GOVERNMENT CODE. The Government Code of the state of California.

GRAND JURY. The Grand Jury in and for the County of Los Angeles.

ISSUING OFFICER. The peace officer or person authorized by the city or the California Highway Patrol to enforce parking laws and regula-tions within the jurisdictional limits of the city.

OFF-STREET PARKING FACILITY. Any off-street facility held open for use by the public for parking vehicles and includes any publicly owned facilities for off-street parking, and privately owned facilities for off-street parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.

OPERATOR. Includes every individual who shall operate a vehicle as the registered owner thereof, or as the agent, employee, permittee, lessee or rentee of the owner, or is in actual physical control of a vehicle.

PARK or PARKING. The standing of a vehicle whether occupied or not upon a street or an off-street parking facility otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle.

POLICE DEPARTMENT. The Police Depart-ment of the city of Alhambra.

VEHICLE. Any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks.

VEHICLE CODE. The Vehicle Code of the state of California.

('86 Code, § 11.38.020) (Ord. 4236, passed - - )

Any violation of any regulation governing the standing or parking of a vehicle under this code, the vehicle code or any federal statute or regulation occurring within the jurisdictional limits of the city is subject to a civil penalty, the enforcement of which shall be governed by the civil administrative procedures set forth in this chapter.

('86 Code, § 11.38.030) (Ord. 4236, passed - - )

(A) Except as provided in § 11.38.110, the registered owner and driver, rentee, or lessee of a vehicle cited for any violation of any regulation governing the parking or standing of a vehicle under this code, any federal statute or regulation or vehicle code shall be jointly liable for parking penalties imposed under this chapter, unless the owner can show that the vehicle was used without consent of that person, express or implied. Any owner who pays any parking penalty, civil judgment, costs or administrative fees pursuant to this chapter shall have the right to recover the same from the driver, rentee, or lessee.

(B) The driver of a vehicle who is not the owner thereof but who uses or operates the vehicle with the express or implied permission of the owner shall be considered the agent of the owner to receive notices of parking violations served in accordance with this chapter and may contest the citation.

('86 Code, § 11.38.040) (Ord. 4236, passed - - )

(A) The City Council, by resolution, shall establish a parking penalty schedule for parking violations and other charges related thereto.

(B) As used herein, the term PARKING PENALTY includes, but is not limited to, any late payment penalty, administrative fee, assessment, and costs of collection as provided by law.

(C) Parking penalties under this chapter shall be collected as civil penalties.

('86 Code, § 11.38.050) (Ord. 4236, passed - - )

(A) An equipment violation entered on the notice of parking violation attached to the vehicle under division (B) of § 11.38.080 shall be processed in accordance with this chapter. All of the violations entered on the notice of parking violation shall be noticed in the notice of delinquent parking violation delivered pursuant to § 11.38.100, together with the amount of civil penalty.

(B) Whether or not a vehicle is in violation of any regulation governing the standing or parking of a vehicle but is in violation of subdivision (a) of Cal. Veh. Code § 5204, a person authorized to enforce parking laws and regulations shall issue a written notice of violation, setting forth the alleged violation. The violation shall be processed pursuant to this section.

(C) The civil penalty for an equipment violation is $30, except that upon proof of the correction to the Finance Department, the penalty shall be reduced to $10. The civil penalty for violation of Cal. Veh. Code § 5204 is $60.

(D) 50% of any penalty collected pursuant to this section for registration or equipment violations by the Finance Department shall be paid to the state and the remaining 50% shall be retained by the city subject to the terms of the contract described in § 11.38.190 of this chapter.

('86 Code, § 11.38.060) (Ord. 4236, passed - - )

(A) The notice of violation required by this chapter shall be on a form prescribed by the Chief of Police and Director of Finance and shall contain the following information:

(1) The violation, including reference to the section of this code, vehicle code or federal statute or regulation so violated;

(2) The approximate time thereof;

(3) The location where the violation occurred;

(4) The name and address of the registered owner and/or driver if obtainable;

(5) The vehicle license number and registration expiration date if they are visible and/or obtainable;

(6) The last four digits of the vehicle identification number, if obtainable or if that number is visible through the windshield;

(7) The color of the vehicle, and, if possible, the make of the vehicle;

(8) The time fixed and procedure for the operator to deposit the penalty, or pursuant to § 11.38.090, contest the citation.

(9) Whatever other information the Chief of Police and/or director of finance deem required in order to enforce the provisions of this chapter.

(B) The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the Police Department and the Finance Department and shall be prima facie evidence of the facts contained therein.

(C) In addition, a notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle.

('86 Code, § 11.38.070) (Ord. 4236, passed - - )

(A) If a vehicle is occupied during the time of the violation, the issuing officer shall serve a notice of violation upon the operator thereof.

(B) If a vehicle is unattended during the time of the violation, the issuing officer shall serve a notice of violation by securely attaching it to the vehicle either under the windshield wiper or in another con-spicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.

(C) Once the issuing officer has prepared the notice of violation and either served it as provided in division (A) above or attached it to the vehicle as provided in division (B) above, the issuing officer shall file the notice with the Finance Department. Any person, including the issuing officer and any member of the officer's department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of the notice of violation that was retained by the office, for any reason, before it is filed with the Finance Department is guilty of a misdemeanor.

(D) If, during the issuance of a notice of violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to serving the operator thereof or attaching the notice to the vehicle, the issuing officer shall file the notice with the Finance Department. The Finance Department shall mail, within 15 days of the issuance of the notice of violation, a copy of the notice of violation to the registered owner.

(E) If, after a copy of the notice of violation is served on the operator or attached to the vehicle, the issuing officer determines that, in the interest of justice, the notice of violation should be canceled, the Police Department or the California Highway Patrol may recommend, in writing, that the charges be canceled. The recommendation shall cite the reason for the recommendation and shall be filed with the Finance Department.

(F) If the Finance Department makes a finding that there are grounds for cancellation, the finding shall be entered on the record and the notice of violation shall be canceled pursuant to division (1) of division (A) of § 11.38.150 of this code.

(G) Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.

('86 Code, § 11.38.080) (Ord. 4236, passed - - )

The notice of delinquent violations shall contain the information specified in § 11.38.070 of this code, and, additionally, shall contain a notice to the registered owner that, unless the registered owner pays the penalty or contests the citation within ten days after mailing of the notice of delinquent violation or completes and files an affidavit of non liability which complies with Cal. Veh. Code §§ 40208 or 40209, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent violation. If the registered owner, by appearance or by mail, makes payment to the Finance Department within ten days of the mailing of the notice of delinquent violation, the penalty shall consist of the amount of the original penalty without any additional administrative fees or charges.

('86 Code, § 11.38.090) (Ord. 4236, passed - - )

(A) If the payment of the penalty pursuant to this chapter is not received by the Director of Finance by the date fixed on the notice of violation, the Finance Department shall deliver to the registered owner a notice of delinquent violation. Delivery of a notice of delinquent violation under this section may be made by personal service or by first-class mail addressed to the registered owner as shown on records of the Department of Motor Vehicles.

(B) Within 15 days of a request, by mail or in person, the Finance Department shall mail or otherwise provide to any person who has received a notice of delinquent violation, or his or her agent, a photo-static copy of the original notice of violation or an electronically produced facsimile of the original notice of violation. The Police Department, California Highway Patrol, or their designees may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed $2. Until the Police Department, California Highway Patrol, or their designees comply with a request for a copy of the original notice of violation, the Finance Department may not proceed to collect the delinquent penalties.

(C) If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registra-tion card for that vehicle, the Finance Department shall, on written request of the person, cancel the notice of violation without the necessity of an appearance by that person.

(D) If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent violation pursuant to division (A) hereof or § 11.38.110 of this code, or any other person who presents the notice of violation or notice of delinquent violation after the notice of delinquent violation has been issued for delivery under division (A) above, deposits the penalty with the Director of Finance, the Finance Department shall do both of the following:

(1) Deliver a copy of the notice of delinquent violation issued under § 11.38.090 of this code or an electronically reproduced listing of the citation information presented in a notice of delinquent violation to the person and record the name, address, and driver's license number of the person actually given the copy in the records of the Police Department or California Highway Patrol.

(2) Determine whether the notice of delinquent violation has been filed with the Depart-ment of Motor Vehicles pursuant to division (A)(1) of § 11.38.160 of this code or a civil judgment has been entered pursuant to division (A)(2) of § 11.38.160 of this code.

(E) If the notice of delinquent violation has not been filed with the Department of Motor Vehicles or judgment entered and payment of the penalty and any applicable assessments is received, the proceedings under this chapter shall terminate.

(F) If the notice of delinquent parking violation has been filed with the Department of Motor Vehicles, has been returned under subdivision (b) or (c) of Cal. Veh. Code § 4760 or § 4764, and payment of the parking penalty together with the administrative service fee of the city for costs of service and any applicable assessments is received, the proceedings under this chapter shall terminate.

(G) If the notice of delinquent parking violation has been filed with the Department of Motor Vehicles and has not been returned under Cal. Veh. Code §§ 4760, 4762 and 4764, and payment of the parking penalty together with the administrative fee of the department of motor vehicles established under Cal. Veh. Code § 4763, the administrative service fee of the Police Department or California Highway Patrol for costs of service, and any applicable assessments is received by the Finance Department, the Finance Department shall do all of the following:

(1) Deliver a certificate of payment to the registered owner, the agent, the lessee, or the rentee or other person making the payment.

(2) Immediately transmit the payment information to the Department of Motor Vehicles in the manner prescribed by the Department of Motor Vehicles.

(3) Terminate proceedings on the notice of delinquent parking violation.

(4) Transmit for deposit all parking penalties and assessments in accordance with law.

(H) For purposes of this section, a copy of the notice of violation or notice of delinquent violation may be a photostatic copy or an electronically produced facsimile.

('86 Code, § 11.38.100) (Ord. 4236, passed - - )

(A) If, pursuant to § 11.38.090 of this code, an affidavit of nonliability is returned to the Finance Department within 30 days of the mailing of the notice of delinquent violation together with the proof of a written lease or rental agreement between a bona fide rental or leasing company, and its customer which identifies the rentee or lessee and provides the driver's license number, name, and address of the rentee or lessee, the Finance Department shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent violation. If payment is not received within 15 days of the mailing of the notice of delinquent violation, the Finance Department may proceed against the rentee or lessee pursuant to § 11.38.160 of this code.

(B) If the affidavit of nonliability is returned with evidence that the registered owner served has made a bona fide sale or transfer of the vehicle and has delivered possession thereof to the purchaser prior to the date of the alleged violation, the Finance Department shall obtain verification from the Department of Motor Vehicles that the registered owner has complied with Cal. Veh. Code § 5602.

(C) If the registered owner has complied with Cal. Veh. Code § 5602, the Finance Department shall cancel the notice of delinquent violation with respect to the registered owner.

(D) If the registered owner has not complied with Cal. Veh. Code § 5602, the Finance Department shall inform the registered owner that the citation shall be paid in full or contested pursuant to § 11.38.120 of this code. If the registered owner does not comply, the Finance Department shall proceed pursuant to § 11.38.160 of this code.

('86 Code, § 11.38.110) (Ord. 4236, passed - - )

(A) For a period of 21 days from the issuance of the notice of violation or ten days from the mailing of the notice of delinquent violation, a person may request review by the Finance Department, or at the discretion of the Finance Department, by the Police Department or California Highway Patrol, of the issuance of a notice of violation or a notice of delinquent violation by written request, telephone, or in person.

(B) If the person is dissatisfied with the results of the initial review, the person may contest through an administrative review process the notice of violation or notice of delinquent violation, by depositing with the Finance Department 15 days following the mailing to that person of the results of the Finance Department's administrative investigation, the full amount of the penalty and a written explanation of the reason for contesting the violation.

(C) The Director of Finance shall develop an administrative policy establishing a procedure for contesting notices of violations and notices of delinquent violations for persons who can provide verifiable and substantial proof of their inability to deposit the full amount of the penalty.

(D) If a vehicle has been immobilized or impounded for unpaid violations, the Finance Depart-ment shall, provided that the vehicle remains under the control of the immobilizing or impounding agency, permit the registered owner of the vehicle to contest the violations related to the seizure of that vehicle without requiring the deposit of the penalties required by this chapter.

('86 Code, § 11.38.120) (Ord. 4236, passed - - )

(A) Notice of violation. If the parking penalty is received by the Director of Finance and there is no contest as to that parking violation, the proceedings under this chapter shall terminate.

(B) Notice of delinquent violation. The Finance Department shall terminate proceedings on the notice of delinquent parking violation in any of the following cases:

(1) Upon receipt of collected penalties and administrative fees remitted by the Department of Motor Vehicles under Cal. Veh. Code § 4762 for late notice of delinquent parking violation. The termina-tion under this division is by satisfaction of the parking penalty.

(2) If the notice of delinquent parking violation was returned to the Finance Department pursuant to Cal. Veh. Code § 4764 and five years have elapsed since the date of the violation. The termination under this division is by the running of a statute of limitation of proceedings.

(3) The Finance Department receives information which it shall verify with the Department of Motor Vehicles that the penalty has been paid to the Department of Motor Vehicles pursuant to Cal. Veh. Code § 4762.

('86 Code, § 11.38.130) (Ord. 4236, passed - - )

The administrative review required by § 11.38.150 of this chapter shall be conducted by an examiner designated to conduct the review by the City Manager, with the consent and approval of the City Council. In addition to any other requirements of employment, an examiner shall demonstrate those qualifications, training, and objectivity prescribed by the City Manager with the consent and approval of the City Council and which are consistent with the duties and responsibilities set forth in this chapter. The examiner's continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fines collected by the examiner.

('86 Code, § 11.38.140) (Ord. 4236, passed - - )

(A) If a person contests a notice of parking violation or a notice of delinquent violation, the Finance Department shall do the following:

(1) The Finance Department shall either investigate with its own records and staff or request that the Police Department or California Highway Patrol investigate the circumstances of the citation with respect to the contestants written explanation of reasons for contesting the parking violation. If, based upon the results of that investigation, the Finance Department is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the Finance Department shall cancel the notice of parking violation and make an adequate record of the reasons for canceling the notice. The Finance Department shall mail the results of the investigation to the person who contested the notice of parking violation or the notice of delinquent parking violation.

(2) If the person contesting a notice of parking violation or notice of delinquent parking violation is not satisfied with results of the investiga-tion provided for in division (1) above, the person may, within 15 days of the mailing of the results of the investigation, deposit the amount of the parking penalty and request an administrative review.

(B) The administrative review procedure described in division (A)(2) hereof, shall consist of the following:

(1) The person requesting an administrative review shall indicate to the Finance Department his or her election for a review by mail or personal conference.

(2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking violation without the necessity of the appointment of a guardian. The Finance Department may proceed against that person in the same manner as if that person were an adult.

(3) The administrative review shall be conducted before an examiner so designated pursuant to § 11.38.130 of this chapter.

(4) The officer or person authorized to issue a notice of parking violation shall not be required to participate in an administrative review. The Police Department or California Highway Patrol shall not be required to produce any evidence other than the notice of parking violation or copy thereof, and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be considered prima facie evidence of the violation.

(5) The review shall be conducted in accordance with the written procedure established by the Finance Department which shall ensure fair and impartial review of contested parking violations. The final decision may be delivered personally to the person by the examiner or to the person by first-class mail.

('86 Code, § 11.38.150) (Ord. 4236, passed - - )

(A) Except as otherwise provided in § 11.38.130 and division (B) of § 11.38.150 of this chapter, the Finance Department shall proceed under only one of the following options in order to collect an unpaid parking penalty:

(1) File an itemization of unpaid parking penalties and administrative and service fees with the Department of Motor Vehicles for collection with the registration of the vehicle pursuant to Cal. Veh. Code § 4760.

(2) If more than $400 in unpaid penalties and fees have been accrued by any person or registered owner, proof thereof may be filed with the court with the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The Finance Department shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 30 days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against his or her assets, liens may be placed against his or her property, his or her wages may be garnisheed, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the city, the city may contract with a collection agency licensed pursuant to Cal. Bus. & Prof. Code §§ 6850 et seq. (Chapter 8 of Division 3) to collect the amount of that judgment.

(3) Notwithstanding any other provision of law, the city shall pay the established first paper civil filing fee at the time any entry of civil judgment is requested.

(4) If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the Depart-ment of Motor Vehicles pursuant to Cal. Veh. Code § 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided hereinabove in division (A)(2).

(B) The Finance Department shall not file a civil judgment with the court relating to a parking violation which has been filed with the Department of Motor Vehicles unless the Finance Department has deter-mined that the registration of the vehicle has not been renewed for 60 days beyond the renewal date and the citation has not been collected by the department pursuant to Cal. Veh. Code § 4760.

(C) If the notice of delinquent parking violation is filed with the Department of Motor Vehicles under division (A)(1) hereof and the Department of Motor Vehicles returns the notice of delinquent parking violation by notice of noncollection pursuant to subdivision (b) of Cal. Veh. Code § 4760 or § 4764, the Finance Department may elect to do either of the following:

(1) Except as provided in § 11.38.130 of this chapter, file a complaint with the court, together with supporting documents and other evidence pur-suant to division (A)(2) hereof.

(2) Cancel the notice of delinquent parking violation, in which case no further proceedings shall occur.

(D) The time limitation provided by law for commencement of a civil action for a violation specified in § 11.38.030 of this chapter shall be tolled from and after the date a notice of delinquent parking violation is filed with the Department of Motor Vehicles pursuant to division (A)(1) hereof until the notice is returned to the Finance Department under division (A)(2) above or Cal. Veh. Code §§ 4760 or 4762 or 4764 or is recalled by the Finance Department pursuant to § 11.38.150 of this chapter.

('86 Code, § 11.38.160) (Ord. 4236, passed - - )

(A) As provided in Cal. Veh. Code § 40200.5, the city may elect to contract with the county, with a private vendor, or with any other city or county issuing agency, other than the California Highway Patrol, within the county, with the consent of that other entity, for the processing of notices of parking violations and notices of delinquent parking viola-tions, prior to filing with the court pursuant to § 11.38.180 of this chapter.

(B) If the city contracts with a private vendor for processing services, it shall give special consideration to minority business enterprise participation in providing those services. For purposes of this section, SPECIAL CONSIDERATION has the same meaning as specified in subdivision (c) of Cal. Gov't Code § 14838.

(C) Any contract entered pursuant to this section shall provide for monthly distribution of amounts collected between the parties, except those amounts payable to a county pursuant to Cal. Gov't Code §§ 76000 et seq. (Chapter 12 of Title 8) and amounts payable to the Department of Motor Vehicles pursuant to Cal. Veh. Code § 4763.

('86 Code, § 11.38.170) (Ord. 4236, passed - - )

(A) Within 20 days after the mailing of the final decision described in division (B) of § 11.38.140 of this chapter, the contestant may seek review by filing an appeal to the City Municipal Court, where the same shall be heard de novo, except that the contents of the Finance Department's file in the case shall be received in evidence. A copy of the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the Finance Department by the contestant. For purposes of computing the 20-day period, Cal. Civ. Proc. Code § 1013 shall be applicable; for example, the 20-day period shall be extended by five days if mailed within the state of California, ten days if mailed outside the state of California but within the United States, and 20 days if mailed outside the United States.

(B) The fee for filing the notice of appeal shall be in an amount established by City Council resolution. If the appellant prevails, this fee, together with any deposit of parking penalty, shall be promptly refunded by the Finance Department in accordance with the judgment of the court.

(C) The conduct of the hearing or appeal under this section is subordinate judicial duties which may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

(D) If no notice of appeal of the Finance Department's decision is filed within the period set forth hereinabove in division (A), the decision shall be deemed final.

(E) If the parking penalty has not been deposited and the decision is adverse to the contestant, the Finance Department, promptly after the decision becomes final, may proceed to collect the penalty under § 11.38.150 of this chapter.

(‘86 Code, § 11.38.180) (Ord. 4236, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

(A) Prior to the date upon which a defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed and prior to the scheduled court date, the defendant may deposit bail with the magistrate or the Director of Finance.

(B) A deposit of bail or a penalty under this chapter may be by a personal check meeting the criteria established in accordance with division (C) hereof.

(C) The City Council, by resolution, shall adopt a written policy governing the acceptance of personal checks in payment of bail or penalty deposits. The policy shall permit clerks and other appropriate officers to accept personal checks under conditions which tend to assure the validity of the checks.

(D) The written policy governing the acceptance of personal checks adopted pursuant to division (C) above shall provide that the payee of the deposit made by personal check shall be the city.

('86 Code, § 11.38.190) (Ord. 4236, passed - - )

The Finance Department shall prepare an audited report at the end of each fiscal year setting forth the number of cases processed, and all sums received and distributed, together with any other information that may be specified by the Police Department, California Highway Patrol, or the controller. This report is a public record and shall be delivered to the Police Department and the California Highway Patrol. Copies shall be made available, upon request, to the County Auditor, the controller, and the grand jury.

('86 Code, § 11.38.200) (Ord. 4236, passed - - )