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Alhambra Overview
Alhambra, California Code of Ordinances
Alhambra, California Code of Ordinances
CHARTER
TABLE OF CONTENTS
ARTICLE I. NAME AND RIGHTS OF CITY
ARTICLE II. BOUNDARIES AND DISTRICTS OF CITY
ARTICLE III. GENERAL PROVISIONS RELATING TO OFFICERS
ARTICLE IV. MAYOR
ARTICLE V. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS
ARTICLE VI. THE COUNCIL
ARTICLE VII. POWERS OF THE CITY AND THE COUNCIL
ARTICLE VIII. CITY CLERK
ARTICLE IX. CITY ATTORNEY
ARTICLE X. DIRECTOR OF FINANCE AND EX OFFICIO CITY TREASURER, ASSESSOR AND TAX AND LICENSE COLLECTOR
ARTICLE XI. POLICE COURT
ARTICLE XII. CITY MANAGER
ARTICLE XIII. POLICE, FIRE AND HEALTH DIVISIONS
ARTICLE XIV. BOARD OF EDUCATION
ARTICLE XV. PUBLIC LIBRARY
ARTICLE XVI. ALCOHOLIC LIQUORS
ARTICLE XVII. ELECTIONS
ARTICLE XVIII. FINANCE
ARTICLE XIX. CONTRACTS
ARTICLE XX. STREETS AND SEWERS
ARTICLE XXI. FRANCHISES
ARTICLE XXII. RECALL
ARTICLE XXIII. INITIATIVE
ARTICLE XXIV. REFERENDUM
ARTICLE XXIVa. CIVIL SERVICE
ARTICLE XXV. MISCELLANEOUS
ARTICLE XXVI. STATE EMPLOYEES' RETIREMENT ACT
TITLE I: GENERAL PROVISIONS
TITLE II: ADMINISTRATION AND PERSONNEL
TITLE III: FINANCE
TITLE IV: FRANCHISES
TITLE V: BUSINESS LICENSES AND REGULATIONS
TITLE VI: HEALTH AND SANITATION
TITLE VII: ANIMALS
TITLE VIII: ECONOMIC DEVELOPMENT REVENUE BOND LAW
TITLE IX: PUBLIC PEACE AND SAFETY
TITLE X: BICYCLES
TITLE XI: VEHICLES AND TRAFFIC
TITLE XII: PARKING LOTS
TITLE XIII: STREETS AND SIDEWALKS
TITLE XIV: PARKS AND PUBLIC GROUNDS
TITLE XV: WATER
TITLE XVI: SEWERS
TITLE XVII: INDUSTRIAL WASTE
TITLE XVIII: COMMUNITY NOISE AND VIBRATION CONTROL
TITLE XIX: FIRE
TITLE XX: BUILDING AND CONSTRUCTION
TITLE XXI: OIL AND GAS WELLS
TITLE XXII: SUBDIVISIONS
TITLE XXIII: ZONING
TITLE XXIV: SOLAR ENERGY
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SEC. 167. CERTIFICATES TO BE SEPARATE AND SWORN TO; GENERAL PROCEDURE FOR HANDLING CERTIFICATES AFTER PRESENTATION; AMENDED CERTIFICATES.
   Each certificate must be separate, and contain the name of but one signer, who must make oath before a notary public or verification deputy as to the truth of the statements therein. All such certificates signed by electors of each precinct, shall be arranged alpha-betically and bound together. Upon receipt of such petition, the city clerk shall indorse thereon the time it was received. He or she shall thereupon examine said petition, to ascertain whether it conforms to the requirements of this Charter.
   Within ten days after such presentation, the city clerk must determine whether said petition so conforms and shall attach thereto his or her certificate showing the result of his or her examination, and send by registered mail a copy of said certificate to the person named in said petition to whom it shall be returned. If the petition does not conform to said requirements, the certificate of the city clerk shall designate the defects in the petition and in the individual certificates. If the certificate of the city clerk shows the petition to be deficient, it may be amended by presentation, within fifteen days after mailing said certificate of the city clerk, of an amended petition, containing additional certificates, arranged and bound as above provided. The city clerk shall, within seven days after the presentation of such amended petition, make like investigation and determination as to the amended petition and attach to it a like certificate and mail a copy as aforesaid, and, if his or her certificate shall show the amended petition to be deficient, or if no amended petition shall have been presented, the petition shall be returned to the person named therein to whom it shall be returned, without prejudice to the filing of a new petition to effect the same purpose.
   Should any certificate or certificates to the petition not substantially conform to the requirements of this Charter such fact shall not invalidate the petition if a sufficient number of the certificates substantially conform to such requirements. Should the city clerk find that the said petition or amended petition conforms to such requirements, he or she shall endorse the fact thereon and file and present it to the council.
Editor's note: This section was amended by the voters of the city on March 26, 1996.
SEC. 168. AFFIDAVIT OF PERSON PROPOSING RECALL; DELIVERY OF AFFIDAVIT TO PERSON SOUGHT TO BE RECALLED AND HIS OR HER ANSWER.
   Before any petition for recall is circulated, an affidavit in triplicate by or on behalf of the person or persons proposing such recall shall be made and delivered to the city clerk, one to be filed with the city clerk, one to be left by him or her at the office of the officer sought to be recalled, and one to be sent by him or her by registered mail to the residence of such officer. Such affidavit shall contain the address of the person or persons making the same, a statement of the intention to circulate a petition for the recall of said officer containing no more than two hundred words, giving the reasons for such recall. Said officer may, within five days after the mailing of such affidavit, send by registered mail to the address of the party making such affidavit, his or her answer thereto in not more than two hundred words. Such statement and answer, if any, shall be printed on each individual certificate. No original petition for recall of any officer shall be presented to the city clerk later than forty days after the filing of the affidavit.
Editor's note: This section was amended by the voters of the city on March 26, 1996.
SEC. 169. EFFECT OF FAILURE OF OFFICER SOUGHT TO BE RECALLED TO RESIGN; WHEN ELECTION FOR RECALL TO BE HELD.
   If the officer sought to be removed fails to resign within five days after the recall petition is filed, and the petition requests a special municipal election to be held, the council shall cause a special municipal elec-tion to be held within not less than thirty nor more than forty-five days after the filing of said petition, to determine whether said officer shall be recalled, but if a general or special municipal election is to occur within sixty days after the filing of said petition, the council may postpone the holding of such election to such general or special election.
SEC. 170. QUESTION OF RECALL TO REMAIN IN FORCE IF NOT SUBMITTED AT TIME SPECIFIED.
   If any question of recall, for which a petition has been filed, be not submitted to the electors of the city at or within the time specified, such petition shall remain in force until such question has been submitted.
SEC. 171. STATEMENTS TO BE PRINTED ON OFFICIAL BALLOTS.
   There shall be printed on the sample and the official ballots, the statement of the reasons for the recall of the officer, and his or her answer, if any.
Editor's note: This section was amended by the voters of the city on March 26, 1996.
SEC. 172. VOTING PROCEDURE; NOMINATION AND ELECTION OF OFFICER REPLACING RECALLED OFFICER.
   At the same election by which the recall of any officer is sought, the election of a successor to the person sought to be recalled may be had, provided the petition for recall demands the election of a successor to the person sought to be recalled.
   Any qualified person may be nominated for the office which is to be filled at any recall election by a petition signed by electors, qualified to vote at such recall election, equal in number to at least five per cent of the total number of votes cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies. Each such nominating petition shall be filed with the city clerk at least twenty-five days before the date of such recall election.
   There shall be printed on the recall ballot, as to every officer whose recall is to be voted on thereat, the following question: “Shall (person sought to be recalled) be removed from the office of (name of office)”
   Following the question shall be printed the words “Yes” and “No,” on separate lines, with a voting square at the right of each, in which the voter shall stamp a cross (X) for or against such recall.
   On such ballots, under such question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled, in case he or she shall be removed from office by said recall election; but no vote shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of the incumbent from office shall vote “No” then said incumbent shall continue in said office. If a majority shall vote “Yes,” then said incumbent shall thereupon be deemed removed from such office upon the qualification of his or her successor. The canvassers shall canvass all votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected for the remainder of the term.
   In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election, or in case the majority shall vote “Yes” on the question of recall, but no candidate was nominated or ran at said election to succeed the person sought to be recalled, then said office shall be deemed vacant and shall be filled according to law.
   All requirements of this Charter relating to ballots at general municipal election shall, so far as applicable, apply to all ballots at every election at which a question of recall is to be voted upon.
   The call for elections under this article shall be the same as the call for general or special municipal elections. (Stats. 1927, p. 2057).
Editor's note: This section was amended by the voters of the city on March 26, 1996.
SEC. 173. PERSON SOUGHT TO BE RECALLED TO CONTINUE IN OFFICE UNTIL ELECTION RESULTS ARE DECLARED.
   After a petition for recall of a person from office has been filed, he or she may continue to perform the duties of his or her office until the council has canvassed the returns of the election and declared that a majority of the votes upon the question of his or her recall was cast in favor thereof. (Stats. 1927, p. 2058).
Editor's note: This section was amended by the voters of the city on March 26, 1996.
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