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HomeMy WebLinkAbout10-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: HUSTON T. CARLYLE, JR. Subject: ORDINANCE OF THE CITY OF SAN SR. ASSISTANT CITY ATTORNEY BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I, TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING Dept: CITY ATTORNEY ORIGINAL CARTS Date: December 14, 1998 Synopsis of Previous Council action: On September 21, 1998,the Council requested the City Attorney's office to finalize the Shopping Cart Ordinance consistent with existing law and bring it back for consideration by the Mayor and Common Council. Recommended motion: That said ordinance be laid over for final adoption. Signature Contact person: HUSTON T. CART YLE JR.. Sr Assi tant ity Attomey Phone: 5355 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None at this time Source: Finance: Council Notes: 75-0262 Agenda Item No. HTC:ea[ShopCan.rca] STAFF REPORT Council Meeting Date: December 21, 1998 TO: Mayor and Common Council FROM: City Attorney's Office DATE: December 14, 1998 AGENDA: December 21, 1998 On September 21, 1998, the Council adopted a motion authorizing the City Attorney to finalize the Shopping Cart Ordinance consistent with existing law and bring it back for consideration by the Mayor and Common Council. Assembly Bill No. 1427 which becomes effective January 1, 1999, has interposed additional requirements relative to cities which intend to impound shopping carts. This Ordinance has been modified to reflect those additional requirements. Specifically,there are additional notice requirements which the identified owner must receive immediately after said cart is retrieved by the City and prior to its release or disposal. These additional notice requirements are contained in said Ordinance in Sections 5.26.030(b) and 5.26.060 (last two paragraphs). Pursuant to both the Legislative Review Committee's approval and Council direction, this Ordinance reflects that violation of Sections 5.26.050 or 5.26.060 shall be deemed a misdemeanor. This Ordinance also contains an appeal process to comply with any due process issues which may arise in the confiscation of such shopping carts. As a result of the modifications made to the Ordinance to be consistent with law as it will exist on January 1, 1999, the concerns raised by the California Grocer's Association have been satisfied. HTGea[ShopCm.srp] D ORDINANNCC)O. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I,TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING CARTS. 1 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 2 ORDAIN AS FOLLOWS: 3 SECTION 1. Chapter 5.26 is hereby added to Article I, Title 5, of the San Bernardino 4 Municipal Code to read as follows: 5 Chapter 5.26 6 SHOPPING CARTS 7 Sections: 8 5.26.010 Purpose. 9 5.26.020 Definitions. 10 5.26.030 Removal of shopping carts from public property. 11 5.26.040 Disposal. Q12 5.26.050 Tag tampering prohibited. 13 5.26.060 Unauthorized removal or possession of shopping carts. 14 5.26.070 Impound appeal. 15 Sections: 16 5.26.015.26.0 OPT�]}�r�ose. Abandoned shopping carts located outside the premises or parking areas 17 of retail establishments and on public or private properties and viewable from the public rights-of- 18 way are injurious to the public health, safety, and welfare and constitute a public nuisance. This 19 nuisance is caused by persons unlawfully removing shopping carts from the premises or parking 20 areas of retail establishments, by certain retail establishments failing to maintain adequate 21 supervision of their premises and parking areas and failing to implement effective cart removal 22 prevention programs or cart retrieval programs. The purpose of this chapter is to establish 23 reasonable regulations for the collection and impound of abandoned shopping carts and to 24 supplement provisions of state law regarding the unauthorized removal of shopping carts from the 25 premises and parking areas of retail establishments. 26 5.26.020 Definitions. "Authorized contractor" means a private company providing 27 shopping cart retrieval services, as designated by the City Council. 28 HTC:eaJShopCart.OrdJ I ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I,TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING CARTS. "City" means the City of San Bernardino or its designated representatives. 1 "Owner-identified shopping cart" means a shopping cart that has a permanently affixed 2 sign that identifies, in accordance with Business and Professions Code Section 22435.1 the owner 3 of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized 4 removal of the cart from the owner's premises; notifies the public that the unauthorized removal of 5 the cart from the cart owner's premises or parking area or the unauthorized possession of the cart, 6 is a violation of the state law;and lists a valid telephone number or address for returning the cart to 7 the owner or retailer. 8 "Person" means an individual or entity. 9 "Public property" means all real property in the City in which a public agency has a fee 10 simple,easement,lease-hold interest,or any possessory interest. This includes but is not limited to, 11 streets, sidewalks, parks and flood control facilities. 12 "Retail establishment" means any establishment utilizing shopping carts outside of the © 13 establishment. 14 "Shopping cart" or "cart" means a basket that is mounted on wheels or a similar device 15 generally used in retail establishment by a customer for the purpose of transporting goods of any 16 kind. 17 "Unidentified shopping cart" means a shopping cart that is not an owner-identified shopping 18 cart. 19 5.26.030 Removal of shopping carts from un blic property. (a) Upon the discovery of an 20 unidentified shopping cart on public property,the City or its authorized contractor may remove the 21 cart. Such carts shall be tagged with date and location and shall be impounded for thirty calendar 22 days at a location selected by the City. A claim for a cart shall be presented to the City 23 Administrator or his or her duly authorized representative, and shall be accompanied by proof of 24 ownership of the cart. A person demonstrating proof of ownership of a cart stored by the City shall 25 pay the City's tagging and retrieval fee, as set by City Council resolution, prior to the cart being 26 released. 1 27 (b) Upon the discovery of any owner identified shopping cart on public property,the City �••+ 28 or its authorized contractor may remove the cart and promptly return it to the owner or premises HTCea[ShopCa .Ord] 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I,TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING CARTS. identified thereon,or impound the same for safekeeping and provide actual notice within twenty-four 1 (24)hours following such storage to the owner, or his or her agent, where it may he retrieved at no 2 charge or cost if so retrieved within three business days following the date of actual notice as 3 provided herein. Each such cart shall be tagged with the date and location of impoundment. 4 Pursuant to Business and Professions Code Section 22453.7(1), said actual notice given to the owner 5 of any owner-identified shopping cart which is impounded pursuant to this section shall further 6 specify the date and time of such impoundment,the cost of retrieval if not so retrieved within three 7 business days following date of actual notice, and that failure to retrieve such cart within thirty 8 calendar days of receipt of such notice may result in the cart being disposed of as permitted by law. 9 (c) This section shall not apply to a cart attended by any person who can demonstrate, 10 to the satisfaction of the City or its authorized contractor, ownership of the shopping cart or written 1 l permission of the owner, to have the cart in his/her possession. Q12 5.26.040 Disposal. After the expiration of the thirty-day period specified in Section ]3 526.030(a), the City or its authorized contractor with the City's approval, may sell an unclaimed 14 unidentified shopping cart at public auction or otherwise dispose of the cart. 15 After the expiration of the thirty-day period specified in Section 526.030(b), the City may 16 sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Business 17 and Professions Code Section 22435.7(g) 18 5 26 050 Tag tampering prohibited. (a) It shall be a misdemeanor for any person to 19 remove any tag affixed by the City or its authorized contractor to any shopping cart with the intent 20 of interfering with the enforcement of this chapter or evading any of its provisions. 21 (b) It shall be a misdemeanor for any person to obstruct, impede or interfere with any 22 representative of the City or its authorized contractor who is engaged in tagging, removing or 23 transporting a shopping cart in accordance with this chapter. 24 5.26 060 Unauthorized removal or possession of shopping carts. It shall be a misdemeanor 25 to do any of the following acts with respect to an owner-identified shopping cart: 26 (1) Remove a shopping cart from the premises or parking area of a retail establishment 27 with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart; 28 (2) Be in possession of any shopping cart that has been removed from the premises or HTC:ealShopCan.Ord] 3 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I,TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING CARTS. the parking area of a retail establishment, with the intent to temporarily or permanently deprive the I owner or retailer of possession of the cart; 2 (3) Be in possession of any shopping cart with serial numbers removed, obliterated, or 3 altered,with the intent to temporarily or permanently deprive the owner or retailer of possession of 4 the cart; 5 (4) Leave or abandon a shopping cart at a location other than the premises or parking area 6 of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer 7 of possession of the cart; 8 (5) Alter,convert,or tamper with a shopping cart,or remove any part or portion thereof 9 or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or 10 permanently deprive the owner or retailer of possession of the cart; and 11 (6) Be in possession of any shopping cart while that cart is not located on the premises 12 or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the 13 owner or retailer of possession of the cart. 14 This section shall not apply to any person who can satisfactorily demonstrate ownership of 15 the shopping cart,or to any person having written permission of the owner to have the cart in his or 16 her possession. 17 Any such shopping cart in the possession of any person found to be in violation of Business 18 and Professions Code Section 22435.2 may be returned to the owner or premises identified thereon 19 by the City or its authorized contractor,or may be impounded for safekeeping provided actual notice 20 within twenty-four (24) hours following such storage is given to the owner, or his or her agent, 21 where said cart may be retrieved at no charge or cost if so retrieved within three business days 22 following the date of actual notice as provided herein. Each such cart shall be tagged with the date 23 and location of impoundment. Pursuant to Business and Professions Code Section 22453.7(i), said 24 actual notice given to the owner of any such shopping cart which is impounded pursuant to this 25 section shall further specify the date and time of such impoundment, the cost of retrieval if not so 26 retrieved within three business days following date of actual notice, and that failure to retrieve such 27 cart within thirty calendar days of receipt of such notice may result in the cart being disposed of as 28 permitted by law. HTC:eatShopCan.Ordl 4 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I,TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SHOPPING CARTS. 5.26.070 Impound appeal. (a) Any person who can demonstrate that he or she is a cart I owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart 2 removal and storage was not performed substantially in accordance with the provisions of this 3 chapter. Appeals shall be made in writing to the Mayor or the Mayor's duly authorized 4 representative within ten calendar days of notification of such assessed fee. An office hearing will 5 be held within thirty calendar days of the receipt of such appeal request. The shopping cart owner 6 or authorized representative may appear and be heard on the matter. If the Mayor or the Mayor's 7 duly authorized representative determines that the shopping cart was not removed and stored in 8 substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be 9 waived and the shopping cart shall be returned. 10 (b) The Mayor or the Mayor's duly authorized representative shall,within ten working days I 1 after the conclusion of the hearing, give written notice of his or her decision to the party or parties © 12 who filed the appeal. The notice shall contain the decision and the reasons therefor. The decision 13 of the Mayor or the Mayor's duly authorized representative shall be final and conclusive and shall 14 not be subject to any further appeal. Pursuant to Code of Civil Procedure Section 1094.6,any action 15 to review said decision shall be commenced not later than the ninetieth day after the date of the 16 written notice of decision. 17 18 19 20 21 22 23 24 25 26 27 28 HTC:eatShopCan.Ord] 5 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.26 TO ARTICLE I,TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO �- SHOPPING CARTS. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor I and Common Council of the City of San Bernardino at a meeting thereof, held 2 on the day of 1998, by the following vote, to wit: 3 Council Members: AYES NAYS ABSTAIN ABSENT 4 ESTRADA 5 LIEN 6 VACANT 7 SCHNETZ 8 DEVLIN 9 ANDERSON 10 MILLER 11 12 13 The foregoing Ordinance is hereby approved this day of , 1998. 14 15 Judith a es, Mayor 16 City of San Bernardino Approved as to form 17 and legal content: 18 JAMES F. PENMAN City Attorney 19 20 By' 21 22 23 24 25 C 26 27 28 HTC'ea[ShopCart Ord] 6 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Abandoned Shopping Carts Dept: Administrator's Office Date: September 16, 1998 Synopsis of Previous Council Action: 9/14/98 - Draft Ordinance which brings the City's Abandoned Shopping Cart policy into compliance with State legislation was presented to the Legislative Review Committee. Recommended Motion: That the City Attorney's Office be directed to finalize the Abandoned Shopping Cart ordinance and bring it back for consideration by the Mayor and Common Council. Signature Contact person:_ Fred Wilson, City Administrator Phone 5122 Supporting data attached: Yes Ward: FUNDING REQUIREIIUN'I'S: Amount: N/A Source:(Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. f/��lqp CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Abandoned shopping carts continue to be a blighting influence in the City of San Bernardino. BACKGROUND: State Legislation enacted in 1996 preempted local control over the issue of abandoned shopping carts. California State Business and Professional Code Section 22435.7 (Attachment "A") requires local government agencies to formally notify the owner of the cart, and wait three days before collecting an abandoned shopping cart. In the event that the cart owner fails to collect the cart within the specified amount of time, or if the location of the cart impedes emergency services, local agencies are authorized to retrieve the cart from public or private property. However, they are mandated to maintain a storage facility for the impounded carts that is open at least six hours per business day in a location that is "convenient" to retailers. Fees, not-to-exceed $50, may be charged for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts by owner. In the case of unidentified abandoned shopping carts, the City or its authorized contractor may remove same from public property. Such carts are to be tagged with date and location and shall be impounded for thirty calendar days at a location selected by the City. Carts may be claimed by person demonstrating proof of ownership, and by paying the City's tagging and retrieval fee. The City's proposed ordinance incorporates the mandates of the State legislation. It also states that upon discovery of owner-identified shopping carts on public property, the City or its authorized contractor may remove such carts and promptly return them to the owner or premises identified thereon, or store same for safekeeping and promptly notify the owner where cart(s) may be retrieved at no charge or cost if so retrieved within three business days of receipt of actual notice. A draft ordinance which brings the City's abandoned shopping cart policy into compliance with State Legislation was prepared(Attachment 'B"),and was presented at the Legislative Review Committee meeting on September 14, 1998. Recommendation: The Legislative Review Committee recommended that the City Attorney's Office be directed to finalize the abandoned shopping cart ordinance for consideration by the Council. 7 7 O y U `p O v W g 'O Y >, L C ° C o t «s. o. n .5 ° « u mN 'E ❑ H ° ° w m E ^3 a .� v "� y ,G O ° W td� d A A C O N 0 0 C O v O A C 3 C L N N V E 0 o - ° .A. pu 3A5 y '� cv � ma° 6 vC -0Ay 0 0 Ct v C L m � O, v n1\ d d N Y u 0 A w„ V u j ° Y u d oLEi N O A ` 0 d ° C C C t" 'S'O , C 3 O d u O _. ut O ± ON O « C 00 O A 0 in N u0 a O O L N d Y ai r. �C A �°O � LdL'S O Y ° O 0 Do ° ° L V .0 A > v O 0 C O i L ° O O O > 00 t 6 y C a �°, ° m `wEuF9 ° � o^ Om H « o 0a Q S' Q C L'O v .5 d P ZN C C A v L p y V Op = A ° ❑ ° w M-B d > d0u 0 � AO QL x 3 9 0.y u P H yg o am u N M d p UroL A c v =`° v o E .v¢p y— .>`9,m w�v`; ry N c.c ip AA°`S'>C °Vo> o«❑ w y p F O g i. ?o ° ° er° F_o� v { my v o c c O c 3 v u 0 3 c.O-E o n 'Ni o U it o,c y d « V N L L a E A v .5 v Vl a q .a .. 30 ra j we wm 00-5 G Q ti a v o, N u I- 0 g ° E ° O o 0 op m _ E i� C ❑ - A y m m y b q q O A p A L A C O p U v U 9 v C E T ° 0 In F � m n ZC � o 6 y o '"E u o .. d o-r c.� O in o a Y ° x rj �j > Ce o v v v v > d a c A 2' Q , 0 m° ; tom E� C mc�pp mu u A� m 0 «Up 0U d H jO ° .� vs F �' O Zv.OE mnJ Y G o o n Vi C O C G v A v p i0 > OW ❑a� V6� v s' 'C O M L to p°p O C Y S y It 1yNy a F OO C ° v —°ON v] �N,���� N _ a ' c « o v N W O V v (q C U a N q LNNNNNNN N Q A U y ° G' p v yL Q OC1 p U 0 -5 �r V)NNNNNNN � 'Q A A oru y c €� os mnL E... 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L' o DRAFT Chapter 5 26 SHOPPING CARTS Sections: 5.26.010 Purpose. 5.26.020 Definitions. 5.26.030 Removal of shopping carts from public property. 5.26.040 Disposal. 5.26.050 Tag tampering prohibited. 5.26.060 Unauthorized removal or possession of shopping carts. 5.26.070 Impound appeal. Sections: 5,26.0 10 Pumose. Abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties and viewable from the public rights-of-way are injurious to the public health, safety, and welfare and constitute a public nuisance. This nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments, by certain retail establishments failing to maintain adequate supervision of their premises and parking areas and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this chapter is to establish reasonable regulations for the collection and impound of abandoned shopping carts and to supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments. 5 26 020 Definitions. "Authorized contractor" means a private company providing shopping cart retrieval services, as designated by the City Council. "City" means the City of San Bernardino or its designated representatives. "Owner-identified shopping cart" means a shopping cart that has a permanently affixed l fi// OrTL DRAFT sign that identifies, in accordance with Business and Professions Code Section 23435.1 the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner's premises; notifies the public that the unauthorized removal of the cart from the cart owner's premises or parking area or the unauthorized possession of the can, is a violation of the state law; and lists a valid telephone number or address for returning the cart to the owner or retailer. "Person" means an individual or entity. "Public property" means all real property in the City in which a public agency has a fee simple, easement, lease-hold interest, or any possessory interest. This includes but is not limited to, streets, sidewalks, parks and flood control facilities. "Retail establishment" means any establishment utilizing shopping carts outside of the establishment. "Shopping cart" or "cart" means a basket that is mounted on wheels or a similar device generally used in retail establishment by a customer for the purpose of transporting goods of any kind. "Unidentified shopping cart" means a shopping cart that is not an owner-identified shopping cart. 526.030 Removal of shoRping tarns from public prol2ertv. (a) Upon the discovery of an unidentified shopping cart on public property, the City or its authorized contractor may remove the cart. Such carts shall be tagged with date and location and shall be impounded for thirty calendar days at a location selected by the City. A claim for a cart shall be presented to the 2 DRAFT City Administrator or his or her duly authorized representative, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by the City shall pay the City's tagging and retrieval fee, as set by City Council resolution, prior to the cart being released. (b) Upon the discovery of any owner identified shopping cart on public property, the City or its authorized contractor may remove the cart and promptly return it to the owner or premises identified thereon, or store the same for safekeeping and promptly notify the owner where it may be retrieved at no charge or cost if so retrieved within three business days of receipt of said actual notice. Such safe storage shall not be deemed to be an impoundment, and no tagging and retrieval fee may accrue as a result thereof. Any owner-identified shopping cart which is not retrieved within three business days from the date the owner of the cart, or his or her agent, receives actual notice including, but not limited to, telephonic notice, from the City of the shopping cart's discovery and location, may be impounded and stored in accordance with the provisions of Business and Professions Code Section 22435.7. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Business and Professions Code Section 22453.7(g) written notice shall be mailed to the owner of any owner-identified shopping cart which is impounded pursuant to this section, which shall specify the date and time of such impoundment, the location where the cart may be retrieved, the cost of retrieval and that failure to retrieve such cart within thirty calendar days may result in the cart being disposed of as permitted by law. (c) This section shall not apply to a cart attended by any person who can demonstrate, 3 DRAFT to the satisfaction of the City or its authorized contractor, ownership of the shopping cart or written permission of the owner, to have the cart in his/her possession. 5 26.040 Disposal. After the expiration of the thirty-day period specified in Section 526.030(a), the City or its authorized contractor with the City's approval, may sell an unclaimed unidentified shopping cart at public auction or otherwise dispose of the cart. After the expiration of the thirty-day period specified in Section 526.030(b), the City may sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Business and Professions Code Section 22435.7(g) 5,26.050 Tag tampering prohibited. (a) It is unlawful for any person to remove any tag affixed by the City or its authorized contractor to any shopping cart with the intent of interfering with the enforcement of this chapter or evading any of its provisions. (b) It shall be a misdemeanor for any person to obstruct, impede or interfere with any representative of the City or its authorized contractor who is engaged in tagging, removing or transporting a shopping cart in accordance with this chapter. 5 26 060 Unauthori ed removal or possession of shopping carts. It is unlawful to do any of the following acts: (l) Remove an unidentified shopping cart from the premises or parking area of a retail establishment; (2) Be in possession of an unidentified shopping cart that has been removed from the premises or the parking area of a retail establishment; (3) Leave or abandon a shopping cart on public or private property and at a location 4 DRAFT other than the premises or parking area of the retail establishment; This section shall not apply to any person who can satisfactorily demonstrate ownership of the shopping cart, or to any person having written permission of the owner to have the cart in his or her possession. Removal, possession and abandonment of owner identified shopping carts, shall be governed by the provisions of Business and Professions Code Section 22435.2. Any cart in the possession of any person found to be in violation of Business and Professions Code Section 22435.2 may be impounded by the City provided, however, that written notice shall be given to the identified owner of the impoundment of such cart. Provided the owner or representative thereof makes a proper claim for such cart within thirty calendar days of the date of mailing of such notice, no costs of retrieval shall be imposed upon such owner or representative. In the event any such cart remains unreprieved for thirty days following the mailing of such notice, the City may sell or otherwise dispose of such cart. 5 26.070 Impound appeal. (a) Any person who can demonstrate that he or she is a cart owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the City Administrator or his or her duly authorized representative within ten calendar days of notification of such assessed fee. An office hearing will be held within thirty calendar days of the receipt of such appeal request. The shopping cart owner or authorized representative may appear and be heard on the matter. If the City Administrator or his or her duly authorized representative determines that the shopping cart 5 DRAFT was not removed and stored in substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be waived and the shopping cart shall be returned. (b) The City Administrator or his or her duly authorized representative shall, within ten working days after the conclusion of the hearing, give written notice of his or her decision to the party or parties who filed the appeal. The notice shall contain the decision and the reasons therefor. The decision of the City Administrator or his or her duly authorized representative shall be final and conclusive and shall not be subject to any further appeal. Pursuant to Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date of the written notice of decision. 6