155.999 Penalty

A. Notwithstanding any other provisions of this code, any person, firm or corporation convicted of an infraction under the provisions of this code shall be punishable, upon a first conviction, of a fine of not more than $100, and for a second conviction within a period of 1 year by a fine of not more than $200, and for a third or any subsequent conviction within a 1-year period by a fine of not more than $500. Any violation beyond the third conviction within a 1-year

period may be charged by the City Attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine, or imprisonment or both not to exceed the limits set forth in Cal. Penal Code § 19.

B. In addition to the penalties provided in this section any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be by the city summarily abated as such.

C. Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by the person and shall be punishable accordingly.

D. The Public Works Director and the City Engineer shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this code. Officers or employees so designated shall have the authority to arrest persons who violate any of the provisions.

E. The remedies provided herein are not exclusive and are in addition to any other remedy or penalty provided by law for violation of this chapter.(1973 Code, § 7-9.904) (Ord. 90-2, eff. 3-28-1990)

HISTORY

Adopted by Ord. 25-05 on 10/27/2025 156 HOUSE TRAILERS

156.01 Definitions

156.02 Compliance With State Laws 156.03 Prohibited Parking 156.04 Permitted Parking 156.05 Adjustments And Variances

156.01 Definitions

The definitions set forth in Cal. Health and Safety Code §§ 18000 through 18014 of Chapter 1 of Part 2 of Division 13, together with all future amendments or recodifications of the same, are hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full.

(1973 Code, § 6-6.01) (Ord. 500, eff. - -)

156.02 Compliance With State Laws

All trailer coaches and all auto and trailer camps in the city shall in all respects comply with the provisions of the Vehicle Code of the state and Cal. Health and Safety Code §§ 18000 through 18080 of Part 2 of Division 13, as amended.

(1973 Code, § 6-6.02) (Ord. 500, eff. - -)

156.03 Prohibited Parking

Except as otherwise provided in § 156.04, no trailer coach shall be parked on any public street, alley or way or on any privately owned property in the city, except in an auto and trailer camp licensed in accordance with the provisions of Cal. Health and Safety Code Part 2 of Division 13.

(1973 Code, § 6-6.03) (Ord. 500, eff. - -)

156.04 Permitted Parking

1. Trailer coaches owned, used, or occupied by persons who are bona fide visitors of residents of the city may be parked for not to exceed 14 days in each 6-month period in any place otherwise permitted by law and which place is not on any public street, alley or way.

2. The provisions of this section shall not prohibit the normal parking of a trailer coach on the streets of the city in accordance with, and for the times permitted by, local laws and other parking regulations, except between the hours of 11:00 p.m. and 5:00 a.m. when the parking, except in emergencies, shall be prohibited.

3. An owner of a trailer coach may park the trailer coach for storage if it is unoccupied. All electrical, phone, cable, and sewer connections shall be disconnected at all times. The trailer coach shall be located on private property in conformity with the side yard and setback requirements of the city, but the trailer coach shall not be used for any living purposes whatsoever while so parked.

(1973 Code, § 6-6.04) (Ord. 500, eff. - -)

156.05 Adjustments And Variances

In cases of undue hardship, the Planning Commission shall have the power and authority to grant adjustments and variances from the provisions of this chapter upon the terms and conditions as the Commission shall make for each such case when the Commission shall determine that the adjustments and variances shall not be adverse to the public interests; provided, however, the Planning Department shall make a report to the Commission on each such case; and provided, further, the adjustments and variances shall not exceed a period of time of more than 180 days.

(1973 Code, § 6-6.05) (Ord. 500, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 157 DEVELOPMENT AGREEMENTS 157.01 Short Title 157.02 Authority And Purpose 157.03 Forms And Information 157.04 Qualifications Of Applicants 157.05 Form Of Agreement 157.06 Duty To Give Notice 157.07 Determinations By The Planning Commission 157.08 Council Hearings 157.09 Initiation Of Amendments Of Cancellation 157.10 Recordation Of Agreements, Amendments Or Cancellation 157.11 Review Of Agreements

157.01 Short Title

This chapter may be referred to as the "Development Agreement Law of the City of Auburn."

(1973 Code, § 9-8.01) (Ord. 823, eff. 6-18-1986)

157.02 Authority And Purpose

This chapter is adopted pursuant to the provisions of Cal. Gov't Code §§ 65864 through 65869.5. The purpose of adopting this chapter is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans.

(1973 Code, § 9-8.02) (Ord. 823, eff. 6-18-1986)

157.03 Forms And Information

A. Planning Department shall prescribe the form for each application, notice and document provided for or required by this chapter for the preparation and implementation of development agreements.

B. The Planning Department may require an applicant to submit the information and supporting data as the Planning Department considers necessary to process the application.

(1973 Code, § 9-8.03) (Ord. 823, eff. 6-18-1986; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

157.04 Qualifications Of Applicants

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement and an applicant includes an authorized agent. The Planning Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Planning Director will obtain the opinion of the City Attorney as to the sufficiency of the applicant’s interest in the real property to enter into the agreement. The Planning Director may require the applicant to submit a preliminary title report.

(1973 Code, § 9-8.04) (Ord. 823, eff. 6-18-1986)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

157.05 Form Of Agreement

Each application shall be accompanied by the form of standard development agreement established by the city and approved by the Council with the additional alternatives or modifications or changes as may be proposed by the applicant.

(1973 Code, § 9-8.05) (Ord. 823, eff. 6-18-1986)

157.06 Duty To Give Notice

The Planning Department shall give notice of the intention to consider the adoption of a development agreement in conjunction with any other public hearing required by law or this chapter at least 10 days prior to the hearing date.

1. Form of notice . The form of the notice of intention to consider the adoption of a development agreement shall contain:

   1. The time and place of the hearing;

   2. A general explanation of the matter to be considered, including a general description of the area affected; and

   3. Other information required by specific provisions of this chapter or which the Planning Department considers necessary or desirable.

2. Time and manner of notice . The time and manner of giving notice shall be by both:

   1. Publication . Publication at least once in a newspaper of general circulation published and circulated in the city; and

3. Mailing . Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement.

(1973 Code, § 9-8.06) (Ord. 823, eff. 6-18-1986; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

157.07 Determinations By The Planning Commission

1. After the hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project, including rezoning, use permits or subdivision maps, the Planning Commission shall make its recommendation in writing to the Council.

2. The recommendation shall include findings on the Planning Commission's determination whether or not the proposed development agreement:

   1. Is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan;

3. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

   3. Is in conformity with the public convenience and general welfare and good land use practices;

   4. Will be detrimental to the health, safety and general welfare;

   5. Will adversely affect the orderly development of property or the preservation of property values; and

   6. Will provide sufficient benefit to the city to justify entering into the agreement.

(1973 Code, § 9-8.07) (Ord. 823, eff. 6-18-1986)

157.08 Council Hearings

1. 1. Following notice pursuant to § 157.06, the Council shall hold a public hearing.

   2. The Council may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless the Council adopts findings to support its action as referenced in § 157.07.

2. 1. If the Council approves the development agreement, it shall do so by the adoption of an ordinance.

   2. After the ordinance approving the development agreement takes effect, the city may enter into the agreement.

(1973 Code, § 9-8.08) (Ord. 823, eff. 6-18-1986)

157.09 Initiation Of Amendments Of Cancellation

Either party may propose an amendment to or the cancellation, in whole or in part, of a development agreement previously entered into. If proposed by a developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, where the city initiates the proposed amendment or cancellation of the development agreement, the city shall first give at least 30 days' notice to the property owner of its intention to initiate the proceedings in advance of the giving of public notice of hearing.

(1973 Code, § 9-8.09) (Ord. 823, eff. 6-18-1986)

157.10 Recordation Of Agreements, Amendments Or Cancellation

1. Within 10 days after the city enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

2. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Cal. Gov't Code § 65868, or if the city terminates or modifies the agreement as provided in Cal. Gov't Code § 65865.1 for the failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall likewise record notice of the action with the County Recorder.

(1973 Code, § 9-8.10) (Ord. 823, eff. 6-18-1986)

157.11 Review Of Agreements

The Planning Department shall review the development agreement every 12 months after the date the agreement is entered into.

A. The Planning Department shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. He or she shall give the notice at least 30 days in advance of the time at which the matter will be considered by the Council.

B. The Council shall conduct a public hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on the issue shall be upon the property owner. Notice of the hearing shall be given in conformance with § 157.06.

C. The Council, upon the recommendation of the Planning Director, shall determine whether or not the property owner, for the period under review, has complied in good faith with the terms and conditions of the agreement.

D. If the Council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for the period shall be concluded. If the Council finds and determines that the property owner has not complied in good

faith with the terms and conditions of the agreement during the period under review, the Council shall order the property owner to cure the default within 60 days. If the property owner fails to do so, the Council may modify or terminate the agreement.

(1973 Code, § 9-8.11) (Ord. 823, eff. 6-18-1986; Am. Ord. 88-3, eff. 5-11-1988)

==> picture [288 x 329] intentionally omitted <==

----- Start of picture text -----

----- End of picture text -----