La Mirada Municipal Code Ch. 4.04 Rules and Regulations

The rules and regulations provided in this chapter shall be applicable to all businesses requiring a permit pursuant to this title except insofar as they may be inconsistent with the specific provisions and requirements for those certain enumerated businesses listed separately in the succeeding chapters to this title.

(Ord. 383 § 2 Ex. A (part), 1986).

For the purpose of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section. Words and phrases used in this title not specifically defined shall be construed according to the context and approved use of the language.

(1) "City" means the city of La Mirada.

(2) "Finance director" means the finance manager of the city or his or her designee.

(3) "Permit review board" shall be composed of the city manager or his or her designee.

(4) "Person" as used in this title means and includes the individual natural person, partnerships, joint ventures, societies, associations, trustees, trusts, or any corporations, or any officers, agents, employees, factors or any kind of personal representative of any thereof, in any capacity, acting either for himself, or for any person, under either personal appointment or pursuant to law.

(Ord. 383 § 2 Ex. A (part), 1986).

All applications for permits pursuant to this title shall be in writing and upon form issued by the finance director. The applicant, in addition, shall submit any further information or evidence in writing as required by the finance director. The application shall be verified or sworn under penalty of perjury by the applicant and shall be filed with the finance director. The permit fee as required by this title shall be submitted to the finance director along with such application.

(Ord. 383 § 2 Ex. A (part), 1986).

The finance director shall, upon receipt of the application, forward copies of the application, and any attachments, to every city department which would or could be affected by such use. Each such department shall investigate and respond in writing to the finance director with recommendations on the application. Additionally, the finance director, where appropriate, may submit the application to the local law enforcement agency to receive any comments and recommendations with respect to the application.

(Ord. 383 § 2 Ex. A (part), 1986).

All applications filed pursuant to the provisions of this section for the purposes of obtaining a business permit shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the finance director to preserve and keep the statements so that contents thereof may not be known except to persons required by law.

(Ord. 383 § 2 Ex. A (part), 1986).

Every business requiring a permit pursuant to the terms of this title which additionally requires any federal, state or local regulatory license or permit, shall present evidence to the finance director of satisfactory compliance with such regulations prior to the issuance of any business permit under this title. Additionally, no permit shall be issued by the finance director to any business which fails to present any land use permit required by the La Mirada Zoning Ordinance or which has failed to comply with the provisions of any other regulation of this code having to do with such business.

(Ord. 383 § 2 Ex. A (part), 1986).

No permit issued pursuant to this title shall be transferable.

(Ord. 383 § 2 Ex. A (part), 1986).

A separate permit shall be obtained for each branch establishment or location of the business regulated pursuant to the terms of this title unless expressly waived in writing by the city manager.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) The finance director, after review and investigation, may grant or deny a permit application. Within sixty days after the receipt of the application, the finance director shall mail to the applicant, postage prepaid, notice as to whether the permit has been granted or denied. If the finance director should deny the application, the notice shall also inform the applicant as to the reasons why the permit was denied and inform the applicant of their right to appeal before the permit review board as provided in this chapter.

(b) The finance director may, if such permit is granted, impose such terms, conditions and restrictions upon the operation and conduct of the business as may be deemed necessary or expedient to protect the public peace, health, safety, morals or welfare of the citizens of the city.

(c) The finance director also may, in those cases where it is deemed that the public interest will be best served, refer the granting of the permit directly to the permit review board or city council for hearing thereon without taking further action.

(d) The decisions of the finance director with respect to the application shall be final unless appealed to the permit review board as provided in this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) Any permit granted or issued pursuant to the provisions of this title may be revoked after an administrative hearing before the permit review board or a public hearing before the city council. A permit may be revoked under the following circumstances:

(1) Where the permit review board of city council finds and determines that the preservation of the public health, safety and welfare demand revocation of the permit;

(2) Where the permittee has violated any provisions of this title or any other provisions of this code;

(3) Where the permit has been granted pursuant to false or fraudulent information contained in the application; and

(4) Where the permittee has violated any of the terms or conditions of the permit.

(b) Notice of revocation shall be mailed to the permittee, postage prepaid, stating grounds for the revocation and providing a date within sixty days of the mailing of such notice for an administrative hearing before the permit review board or a public hearing before the city council.

(c) Written notice of the decision of the hearing shall be mailed to the applicant within ten days of the conclusion of the hearing. If the decision to revoke is from a hearing before the permit review board, such notice of decision shall also inform the permittee that the decision shall be final and conclusive upon all matters in controversy unless an appeal is timely filed to the city council pursuant to the terms of this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

Pending a revocation hearing pursuant to the terms of this chapter, a permit may be subject to immediate suspension if it is found necessary for the protection of the public health, safety or welfare. Such suspension shall only be instituted upon the recommendation of the local law enforcement agency or upon the recommendation of the city council. In the event of such a suspension, the city manager shall, within forty-eight hours after the suspension, cause to be served upon the permit holder a written statement containing the grounds for suspension and a notice of hearing to show cause before the city manager as to why the license should not be suspended pending revocation hearings. The hearing before the city manager shall be held not later than ten days following the service of the notice.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) Right to Hearing. Any person aggrieved by any decision of the finance director or of any officer of the city made pursuant to the provisions of this title may request an administrative hearing before the permit review board thirty days after notice of any such decision. An administrative hearing must be applied for and concluded prior to an appeal before the city council pursuant to Section 4.04.130, unless the city manager receives a written request from the city council to allow an appeal on any such matter to be taken directly to the city council.

(b) Failure to Request Hearing. In the event no request for administration hearing is filed within the time prescribed in this section, the decision of the finance director shall become final and conclusive.

(c) Hearing Procedures. A written request for such hearing shall be filed with the city clerk, with such notice stating: (1) the name and address of the applicant; (2) the date of the decision in question; (3) the reasons for the hearing; and (4) the grounds relied upon for relief. The application shall be accompanied by a nonrefundable fee of one hundred dollars to cover the administrative costs of the hearing.

The city clerk shall set the matter for hearing not later than sixty days following the date of application. Notice of the time and place of the hearing shall be mailed to the applicant, postage prepaid, no later than ten days prior to the date set for hearing. The notice may also designate certain records of the applicant required to be produced at the time of the hearing.

(d) Hearing--Decision. At the hearing prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant to their respective positions. The board may require the presentation of additional evidence from either the applicant or the city, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon completion of the hearing, the board may take any action with respect to the decision of the finance director as evidence may require. Written notice of the decision of the board shall be given to the applicant within ten days of the conclusion of the hearing. The decision of the board shall be final and conclusive upon all matters in controversy, unless an appeal is timely filed to the city council pursuant to the terms of this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) Within twenty days of the date of mailing the notice of decision on any hearing of the permit review board, a person who contests such decision may appeal to the city council for the independent review of the matter at a public hearing of the council. The procedures, timeliness and requirements for a hearing before the permit review board pursuant to Section 4.04.120 shall apply to an appeal to the city council, with the additional requirements that: (1) the appeal application shall also state the date that the notice of decision was mailed; and (2) the appeal application shall be accompanied by a nonrefundable fee of two hundred dollars.

(b) The city council may consider any and all evidence of record presented at the permit review board hearing, together with any supplementary report of the staff necessary to clearly present the facts and circumstances of the case, and any new information brought forth at the public hearing. The city council may approve, reverse or modify the decision of the permit review board and the decision of the city council shall be final and conclusive.

(Ord. 383 § 2 Ex. A (part), 1986).

Any person violating any of the provisions, or failing to comply with any of the mandatory requirements of this title shall be guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during which any violation of any provision of this title is committed, continued or permitted by such person and shall be punishable accordingly.

(Ord. 383 § 2 Ex. A (part), 1986)

An action at law or in equity may be commenced in the name of the city in any court of competent jurisdiction against a permit holder to ensure compliance with the terms and provisions of this title. All remedies prescribed under this title shall be cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this title.

(Ord. 383 § 2 Ex. A (part), 1986).

Any permit may be modified or the terms and provisions of any permit modified, amended or changed upon application to the finance director. Such application for a modification shall be processed in the same manner as the original application and shall be subject to the payment of fees and all the terms and provisions imposed in this chapter in respect to the processing of the original application.

(Ord. 383 § 2 Ex. A (part), 1986).