GENERAL PROVISIONS

100 TITLE:

The title of this Code is the "Ordinance Code of Tulare County."

105 ORDINANCES CODIFIED: EXCEPTIONS:

All existing ordinances of the County of Tulare are hereby codified in this Ordinance Code, except those ordinances, which are described as follows:

(a)    All ordinances calling elections.

(b)    All ordinances granting franchises.

(c)    All ordinances levying taxes or assessments.

(d)    All ordinances approving development agreements.

(e)    All ordinances concerning changes in the boundaries of the County of Tulare.

(f)    All ordinances dealing with the lease or debt financing of County buildings.

(g)    Ordinance No. 350 and all amendments thereto only insofar as said Ordinance and amendments to said Ordinance adopt or amend parts of the Specific Plan of Streets and Highways, which was formerly designated as the Precise Plan of Streets and Highways and as the Official Plan of Streets and Highways.

(h)    Ordinance No. 382 and all amendments thereto only insofar as said Ordinance and amendments to said Ordinance adopt or amend parts of the Supplemental Zoning Map.

(i)    Ordinance No. 498 and all amendments thereto only insofar as said Ordinance and amendments to said Ordinance adopt or amend parts of the Specific Plan of Street Names and Numbers and House Numbers, which was formerly designated as the Precise Plan of Street Names and Numbers and House Numbers and as the Official Plan of Street Names and Numbers and House Numbers.

(j)    Ordinance No. 1233 and all amendments thereto only insofar as said Ordinance and amendments to said Ordinance adopt or amend parts of the Airport Zoning Map.

(k)    Ordinance No. 352 and all amendments thereto, which is the zoning ordinance of the County of Tulare.

(l)    Repealed by Ord. No. 3432.

(m)    Ordinance No. 2318 and all amendments thereto, which is the Rules and Regulations for the Tulare County Airports.

(n)    All Ordinances approving redevelopment plans or establishing redevelopment projects.

(o)    The Ordinance known as the "Sewer Improvement Standard Ordinance" and all of the amendment thereto.

(p)    The Ordinance known as the "Sewer Fee Ordinance" and all of the amendment thereto.

(q)    Ordinance No. 2739, known as the "County Clerk-Recorder Statutory Fee Ordinance", and all amendments thereto.

(r)    Ordinance No. 3278, known as the "ESTABLISHMENT of the Tulare County In-Home Supportive Services Public Authority", and all amendments thereto.

(s)    Ordinance No. 3341, and all amendments thereto, which approves the San Joaquin Valley Power Authority Joint Powers Agreement and authorizes the implementation of a community choice aggregation program in Tulare County.

(t)    Ordinance No. 3360, and all amendments thereto, which approves the Delegation of Authority to the Tulare County Resource Management Agency Director to acquire property and right-of-way for Phase 1 of the Road 80 Widening Project.

(u)    Ordinance No. 3403, and all amendments thereto, which approves the Delegation of Authority to the Tulare County Resource Management Agency Director to acquire property and right-of-way for Phase 4 of the Road 80 Widening Project.

(Amended by Ord. No. 3341, effective 5-17-07; amended by Ord. No. 3360, effective 4-3-08; amended by Ord. No. 3403, effective 4-15-10; amended by Ord. No. 3432, effective 11-17-11)

110 EFFECT ON EXISTING LAW:

The provisions of this Code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as continuations thereof and not as new enactments.

115 EFFECT ON EXISTING RIGHTS:

No action or proceeding commenced before this Code takes effect and no accrued rights shall be affected by the provisions of this Code.

120 REPEALS:

No ordinance is continued in force because it is consistent with this Code, but in all subjects provided for by this Code all existing Ordinances of the County, whether or not they are consistent with the provisions of this Code, are hereby repealed and abrogated unless expressly continued in force by the provisions of this Code. Such repeal and abrogation does not revive any former ordinance heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided. This repeal does not affect any of those ordinances, which are excepted from this Code by section 105.

125 VIOLATIONS:

Violations of certain provisions of this Code are stated to be either a misdemeanor or an infraction. Unless punishment is otherwise expressly provided in this Code, a violation of this Code shall be punishable as follows:

(a)    Pursuant to Government Code section 25132, every person convicted of an infraction shall be punished upon a first conviction by a fine not exceeding One Hundred Dollars ($100) and for a second conviction of the same provision within a period of one year by a fine not exceeding Two Hundred Dollars ($200) and for a third or any subsequent conviction of the same provision within a period of one year by a fine not exceeding Five Hundred Dollars ($500). For purposes of this subsection, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(b)    Every person convicted of a misdemeanor shall be punished by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment.

130 REFUND OF FEES:

(a)    Any of the fees or payments required under this Ordinance Code may be refunded in accordance with this section and State law.

(b)    In accordance with sections 26906 and 29740 et seq. of the Government Code of the State of California, the Board of Supervisors may, by resolution, authorize the County Auditor to make refunds. Fees and payments paid into the County Treasury pursuant to this Ordinance Code may be refunded by the County Auditor when they come within the provisions of such resolutions.

(c)    Whenever a person who has paid a fee or other payment required under this Ordinance Code believes that circumstances exist that make it inequitable or unreasonable for the County to retain the fee or payment, and the County Auditor is not authorized to make the refund under resolutions referred to in subsection (b) above, the person may file a written application with the Board of Supervisors for a refund of such fee or payment, or any portion thereof. When a County department head believes that such circumstances exist, he may file such an application on behalf of the person who made the payment. If the Board of Supervisors determines that, under all the circumstances, it would be inequitable or unreasonable for the County to retain the fee or payment, or some portion thereof, the Board shall order a refund.

135 WAIVER OF FEES:

A fee or payment required by any provision of this Ordinance Code may be waived by the Board of Supervisors pursuant to the same procedures and the same restrictions as set forth in subsection (c) of section 130 of this Article.

140 TENSE: NUMBER: GENDER:

Words used in the present tense include the future. Words in the singular number include the plural, and words in the plural number include the singular. The masculine gender includes the feminine and neuter.

145 DEFINITIONS:

For the purposes of this Code, the following words and phrases shall have the following meanings unless such words and phrases are otherwise defined in this Code:

(a)    "Shall" is mandatory and "may" is permissive.

(b)    "Board" or "Board of Supervisors" means the Board of Supervisors of the County of Tulare.

(c)    "County" means the County of Tulare or the unincorporated territory within the County of Tulare, as the text may require.

(d)    "Health Officer" means the Health Officer of the County of Tulare or duly authorized representative.

(e)    "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.

(f)    "Person" includes any individual, firm, partnership, corporation or unincorporated association, whether acting individually or as the agent, employee or representative of another.

(g)    "Vehicle" is a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(h)    A reference to any Department Head or Director of a County Department or Agency or to any statutory, elected or appointed County Official or Officer in this Code includes deputies, assistants, or other duly authorized representatives.

(Amended by Ord. No. 3392, effective 9-10-09)

150 BOARDS, COMMISSION AND COMMITTEES: TERM OF OFFICE: HOLDING OVER:

Every member of a board, commission or committee who is appointed by the Board of Supervisors for a fixed term of office, and whose term of office has expired, shall continue to serve as a member of such board, commission or committee until his successor has been appointed and qualified. This section applies not only to all boards, commissions and committees, which are created by this Ordinance Code but also applies to all boards, commissions and committees created by resolution of the Board of Supervisors. The provisions of this section shall not apply if the law, rule or regulation of the United States or the State of California which authorizes or requires the creation of the board, commission or committee prohibits such holding over of a member of such board, commission or committee. Also, the provisions of this section shall not apply if the ordinance or resolution of the Board of Supervisors creating the board, commission or committee prohibits such holding over of a member of such board, commission or committee.

155 EFFECT OF HEADINGS:

Part, chapter, article and section headings shall not be deemed to affect the scope, meaning or intent of the provisions of this Code in any manner.

160 CONSTITUTIONALITY:

If any part, chapter, article, section, subsection, sentence, clause or phrase of this Code is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Code. The Board of Supervisors hereby declares that it would have adopted this Code and each part, chapter, article, section, subsection, sentence, clause or phrase of this Code irrespective of the fact that any one or more of the same be declared unconstitutional or invalid.

165 ADMINISTRATIVE APPEALS:

As to any matter, which the Board of Supervisors by ordinance or resolution makes subject to the provisions of this section, the appeal to the Board of Supervisors and review shall be controlled by the following rules:

(a)    An appeal from a finding, decision or action of a Tulare County agency, office or employee shall be taken by filing a written notice of appeal within ten (10) calendar days after the finding, decision or action is announced to the applicant or person affected, or, in those cases where written notice of the finding, decision or action is required, within ten (10) calendar days after the mailing of the notice of the finding, decision or action. The finding, decision or action shall be final unless such written notice of appeal is filed within said 10-day period. A notice of appeal shall be in writing, shall be filed with the Clerk of the Board of Supervisors and shall state specifically wherein it is claimed there was an error or abuse of discretion. The Board of Supervisors shall consider only the issues raised in the Notice of Appeal as basis for appeal. Appellant, with approval of the Board of Supervisors, may amend the written notice of appeal to include additional issues, before submission to the Board of Supervisors for decision.

(b)    Upon the filing of the Notice of Appeal, the County agency, office or employee shall transmit to the Clerk of the Board of Supervisors copies of all documents pertaining to this matter, such transcript of testimony as the appellant shall specifically request, and a summary of all of the evidence presented. The County agency, office or employee shall recover from the appellant the costs of preparation of any transcript of testimony requested by the appellant.

(c)    The Clerk of the Board of Supervisors shall give notice to the appellant, the applicant (if the applicant is not the appellant) and to the responding County agency, office or employee of the date when the appeal will be heard by the Board of Supervisors. In addition, the clerk shall give such other notice as may be required by law or ordinance.

(d)    At the hearing on appeal, the Board of Supervisors shall review the documents pertaining to the matter, offered summaries of the evidence, such transcript of testimony as may be furnished; and will hear such testimony as is relevant to the issues raised in the Notice of Appeal and any amendments thereto. Oral evidence shall be taken on oath or affirmation. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues on appeal even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If a party does not testify on his own behalf he may be called and examined as if under cross-examination. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but may be rejected by the Board members if deemed unreliable. The rules of privilege shall be effective to the extent that they are otherwise required by Statute to be recognized at a hearing. Irrelevant and unduly repetitious evidence shall be excluded. At the conclusion of the hearing, the Board of Supervisors may affirm, reverse or modify the finding, decision or action, or may refer the matter back for further action.

(e)    Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this section shall be made pursuant to section 1094.6 of the California Code of Civil Procedure where and to the extent said section may be applicable.

The provisions of this section shall be applicable only where there is a specific reference to this section by resolution, or ordinance, directing that the provisions of this section shall control.