West Covina Municipal Code § 2-3 Actions against city; limitations on judicial review

(a) (1)

City seal. The city shall have and does hereby adopt an official seal in form as follows: An outer gold ring or circle with a serrated edge; within this gold ring there shall be an inner blue ring or circle bearing the words "HEADQUARTERS CITY" on the upper half, and the words "EAST SAN GABRIEL VALLEY" on the lower half; the outer gold circle and the inner blue circle shall be superimposed upon an outline of the State of California, which in turn shall be superimposed upon a surface depicting the East San Gabriel Valley in the foreground and the mountains in the distance; the location of the City of West Covina shall be depicted with a gold dot. Horizontally across the center of the gold and blue circles or rings, the words "WEST COVINA" shall be indicated in gold letters within a blue band. The city clerk shall be the official custodian of such seal.

(2) City logo. The city logo shall be triangular in shape with two (2) straight sides intersecting in an acute angle at the bottom of the triangle and the top side forming a convex arc. The interior of the triangle contains a centered image of the sun above arcs to depict the sun rising over hills. The city manager shall be the official custodian of such logo.

(3) City images. The city shall from time to time cause to be created images to represent the city that are not the official city seal or logo as referenced in subsections (a)(1) and (2) of this section, but have been commissioned to celebrate and/or commemorate notable occasions of or relating to the city. The city manager or his/her designee shall be the official custodian of such images.

(b) The city seal, city logo and city images are the property of the City of West Covina. These images may share design elements but are used for different purposes. The seal is used for purposes of certifying official records and instruments of the city. The city logo and city images are graphic symbols used to identify city programs, initiatives, partnerships and sponsorships. These images are proprietary and shall not be used in any manner except for the official business of the city, and any other use(s) permitted by the city manager in conformance with subsections (c) and (d) of this section.

(c) It shall be unlawful for any person to make or use the city seal, city logo, and/or city images, or any cut, facsimile or reproduction thereof, or make or use any design, symbol, emblem, insignia or similar device that is an imitation of said city seal, city logo, and city images, or that may be mistaken therefore, that is designed, intended or likely to confuse, deceive or mislead the public, for private or commercial purposes, or for any purpose other than for the official business of the city, its council, officers or departments, without the express written consent of the city clerk (seal only), city manager or their designees.

(d) The city manager is authorized to develop, implement and administer appropriate policies and guidelines for use of the city logo and city images, including without limitation use in multi-communication mediums by authorized outside entities. Any person granted consent to use the city logo and/or city images shall fully comply with such policies and guidelines.

(e) The city reserves all legal and equitable remedies available under state and federal laws for the protection of its intellectual property. Additionally, any person or entity violating subsections (c) or (d) of this section shall be subject to a minimum mandatory fine of not less than one hundred dollars ($100.00) per day, nor more than seven hundred fifty dollars ($750.00) per day for each day the city seal, city logo or city images is unlawfully used.

(f) The word "person" as used in this article shall include a person, firm, association or corporation, and whether acting as principal agent, employee or otherwise.

(Code 1960, § 2900; Ord. No. 2244, § 1, 6-4-13)

State Law reference— City clerk is custodian of city seal, Gov. Code, § 40811.

As a prerequisite to bring the suit against the city or its officers or employees, any claims against the city for money or damages as set forth below, or for money and damages which are not governed by any other statutes or regulations expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the Government Code.

(1) Claims by the state or by a state department or agency or by another public entity.

(2) Claims for fees, salaries or wages, additional compensation for services rendered, mileage or other expenses and allowances.

(3) Applications and claims for money or benefits under the public employees retirement system or any other retirement system, not governed by any other statutes or regulations expressly relating to the presentation of such application or claims.

(Code 1960, § 2920)

Cross reference— Claims for reimbursement for damaged property of city employees, Ch. 2, Art. V, Div. 4.

State Law reference— Claims against public entities, Gov. Code, § 900 et seq.

(a) Section 1094.6 of the Code of Civil Procedure is hereby made applicable to the city.

(b) Notwithstanding any provision in this Code to the contrary, any action to contest or review any decision of the city, its city council, its commissions, boards or officers, shall be filed with a court of competent jurisdiction no later than ninety (90) days following the date on which the decision becomes final as "final" is defined in section 1094.6 of the Code of Civil Procedure, which section is incorporated herein by reference.

(c) When any decision made after an adjudicatory administrative hearing suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance, is final; notice of the decision shall be mailed to the party affected by it at his last known address and shall advise the party that the time within which judicial review may be sought is governed by section 1094.6 of the Code of Civil Procedure.

(Code 1960, § 2925; Ord. No. 1348, § 1, 7-25-77)

(a) Definition. As used in this section, "negotiable paper" means bank checks and drafts and express and post office money orders.

(b) Authorization. Any officer of the city may accept negotiable paper in payment of any license, permit, fee, or fine, or in payment of any other obligation owing to the city. This authorization may be withdrawn or limited at any time by resolution of the city council.

(c) Acceptance constitutes payment when paper is paid. The acceptance of negotiable paper pursuant to this section constitutes payment of any amount owing to the city as of the date of acceptance when, but not before, the negotiable paper is duly paid.

(d) Deposit. Negotiable paper accepted pursuant to this section shall, as soon as practicable, be deposited with the city treasurer who shall handle such paper like any other negotiable paper accepted by him.

(e) Procedure upon nonpayment. Any negotiable paper charged back to the city treasurer by reason of nonpayment shall be returned to the officer who deposited it with him. The officer shall be charged with the nonpayment and the city treasurer shall be credited with the amount represented by the returned negotiable paper.

(f) Cancellation of payment. If any negotiable paper is not paid on due presentment, any record of payment made by the officer receiving such paper shall be canceled. Any receipt issued in acknowledgment of such payment shall also be deemed to be canceled. The license fee, permit fee, fine or other obligation shall continue as an outstanding obligation as though no payment had been attempted. The officer shall make any memoranda necessary to make proper cancellation of

the payment. Such officer shall incur no personal liability for the acceptance of negotiable paper which is not paid on due presentment.

(g) Notice of nonpayment. When cancellation is made, the officer making it shall enter it in the accounting records of his office. He shall immediately send a notice to the person who attempted payment by the negotiable paper of the cancellation of the payment. The validity of any license fee, permit fee, fine or other obligation shall not be affected by any failure or irregularity in giving this notice.

(Code 1960, §§ 2930—2936)

A fee for returned checks, the amount of which is to be established by resolution, is hereby authorized.

(Ord. No. 1498, § 1, 9-22-80)

Editor's note— Ord. No. 1498, adopted Sept. 22, 1980, did not specifically amend this Code; hence, inclusion of § 1 as § 2-5 was at the discretion of the editor.

The finance director is authorized to sign all warrants/invoices or checks issued in pursuance of his or her duties. All warrants/invoices and checks will also contain the signature of the mayor. Facsimile signatures of both the finance director and mayor are also acceptable. In the absence of the finance director, the city manager will have the authorization to sign all warrants or checks issued in the operation of the city.

(Ord. No. 2445, § 1, 9-18-18)