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SANTA CLARA COUNTY CODE OF ORDINANCES: Division A23 DEPARTMENT OF PUBLIC SERVICES*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division A23
DEPARTMENT OF PUBLIC SERVICES*

Editor's note--Section 1 of Ord. No. NS-300.393, adopted Mar. 26, 1985, repealed Div. A23, entitled "Library" §§ A23-1--A23-20; and § 6 enacted a new Div. A23, §§ A23-1--A23-246.

CHAPTER I.
IN GENERAL*

------------

Editor's note--Ord. No. NS-300.518, § 7, adopted Apr. 27, 1993, repealed former §§ A23-1--A23-5, which pertained to general provisions relating to the Department of Public Services.

------------

Secs. A23-1--A23-8. Reserved.

CHAPTER II.
RESERVED*

Editor's note--Ord. No. NS-300.518, § 8, adopted Apr. 27, 1993, which pertained to parks and recreation, renumbered the provisions of former Div. A23, Chapter II, which are now contained in Div. A33, Chapter VI.

Secs. A23-9--A23-27. Reserved.

CHAPTER III.
RESERVED

ARTICLE 1.
RESERVED*

Editor's note--Ord. No. NS-300.538, § I, adopted Sept. 28, 1993, repealed former Art. 1, §§ A23-28--A23-31, which pertained to the Registrar of Voters.

Secs. A23-28--A23-33. Reserved.

ARTICLE 2.
RESERVED*

Editor's note--Ord. No. NS-300.540, § VI, adopted Sept. 28, 1993, repealed former Art. 2, §§ A23-34--A23-37, which pertained to duties of the Recorder.

Secs. A23-34--A23-40. Reserved.

CHAPTER IV.
LIBRARY

ARTICLE 1.
IN GENERAL

Sec. A23-41. Recognized.

There is in the County a County library, hereinafter in this chapter referred to as the library.

(Ord. No. NS-300.393, § 6, 3-26-85)

Sec. A23-42. Position of Librarian recognized.

There is in the County and in the library the position of County Librarian.

(Ord. No. NS-300.393, § 6, 3-26-85)

Sec. A23-43. Appointment of Librarian; supervision.

The County Librarian shall be appointed in accordance with provisions of the Charter and shall be the executive officer of the library and be under the supervision of the Department Director.

(Ord. No. NS-300.393, § 6, 3-26-85)

Sec. A23-44. Librarian's authority over personnel.

Subject to provisions of the Charter and this Code, the Librarian shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the library.

(Ord. No. NS-300.393, § 6, 3-26-85)

Secs. A23-45--A23-47. Reserved.

CHAPTER 2.
RESERVED*

Editor's note--Ord. No. NS-300.571, adopted July 18, 1995, repealed Ch. 2, §§ A23-48--A23-52, which pertained to the Library Commission. See the Code Comparative Table.

Secs. A23-48--A23-55. Reserved.

CHAPTER V.
CONSUMER AFFAIRS

ARTICLE 1.
GENERALLY

Sec. A23-56. Organization.

There is in the County the Division of Consumer Affairs which is under the control and supervision of the Director of the Department of Community Services.

(Ord. No. NS-300.393, § 6, 3-26-85; Ord. No. NS-300.442, § 1, 8-9-88)

Sec. A23-57. Powers and duties of Director of Department of Community Services.

The Director of the Department of Community Services shall have the power to receive and investigate complaints relating to the sale of products or services to consumers caused by fraud, deception or misrepresentation; to report violations of law to the District Attorney; and to assist the District Attorney in the investigation of such violations of law. The aforesaid power to initiate investigation of unfair dealings shall not extend to those persons or firms whose activities require licensing by an agency or commission of the State.

(Ord. No. NS-300.393, § 6, 3-26-85; Ord. No. NS-300.442, § 2, 8-9-88)

Sec. A23-57.1. Reserved.

Editor's note--Ord. No. NS-300.498, § 1, adopted May 12, 1992, repealed § A23-57.1 in its entirety, which pertained to the fee for voluntary dispute resolution program.

Secs. A23-58, A23-59. Reserved.

ARTICLE 2.
ADVISORY COMMISSION ON CONSUMER AFFAIRS

Sec. A23-60. Established.

There is hereby established pursuant to and in accord with the Charter of the County of Santa Clara a Santa Clara County Advisory Commission on Consumer Affairs.

(Ord. No. NS-300.393, § 6, 3-26-85)

Sec. A23-61. Membership.

The Commission shall consist of nine members. Eight citizen members shall reflect the interests of a cross-section of consumers, including senior citizens, homeowners, tenants, low-income persons, labor organizations and volunteer consumer groups. One member shall hold an at-large position and shall be an attorney nominated by the Santa Clara County Bar Association. One citizen member shall be appointed by individual Supervisors for their respective supervisorial district. The remaining three citizen members and one at-large member nominated by the SCCBA will be appointed by an individual Supervisor on a rotating basis. The rotational sequence for making the rotating appointments shall be determined by the Board of Supervisors and there after shall continue as so designated.

(Ord. No. NS-300.393, § 6, 3-26-85; Ord. No. NS-300.607, § 5, 1-13-98; Ord. No. NS-300.748, § 1, 10-3-06)

Sec. A23-62. Terms of office.

The term of office of each member shall be three years and until his or her respective successor is appointed and qualified. Members shall serve staggered terms so that no more than four members' terms shall lapse in the same year. No member shall be eligible to serve on such Commission for more than three consecutive terms plus any unexpired term. The Board of Supervisors may waive the foregoing limit upon consecutive terms in office for any member when it finds that no other qualified person is known to be available to serve. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Commission, without good cause entered on its minutes.

(Ord. No. NS-300.393, § 6, 3-26-85; Ord. No. NS-300.748, § 2, 10-3-06)

Sec. A23-63. Advisory staff.

The Director of the Department of Community Services shall provide staff assistance to the Commission. Upon request of the Commission, the Agricultural Commissioner/Sealer shall assist the commission, in an advisory capacity, on matters relating to weights and measures. The District Attorney may assist the Commission in an nonvoting, advisory capacity.

(Ord. No. NS-300.393, § 6, 3-26-85; Ord. No. NS-300.442, § 3, 8-9-88)

Sec. A23-64. Secretary.

The Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall be responsible for providing secretarial assistance to the Commission.

(Ord. No. NS-300.393, § 6, 3-26-85)

Sec. A23-65. Organization.

The Commission shall organize itself in accordance with the Charter. It shall prepare rules and regulations for the conduct of its meetings and, after approval by the Board of Supervisors, such rules shall govern the Commission.

(Ord. No. NS-300.393, § 6, 3-26-85; Ord. No. NS-300.515, § 9, 5-18-93)

Sec. A23-66. Expenditure by Commission.

No expenditures or requisitions for services and supplies for Commissioners shall be made, and no claims for reimbursement shall be submitted for payment, without the approval of the majority of the members of the Commission. The secretary of the Commission shall be responsible for preparing and processing all expenditures, requisitions and claims.

(Ord. No. NS-300.393, § 6, 3-26-85)

Sec. A23-67. Powers and duties.

The powers and duties of the Commission shall be as follows:

(a) To consult and cooperate with federal, state, County, city and other public and private agencies with the intent that duplication of efforts in the field of consumer protection will be avoided.

(b) To receive complaints and inquiries from consumers and businesses regarding deceptive or unfair trade practices in Santa Clara County.

(c) To refer to the Department, the District Attorney and other proper governmental agencies any complaints, inquiries and other matters within the jurisdiction of those agencies.

(d) To study the operation of state and local laws for consumer protection and recommend to the Board of Supervisors appropriate action to be taken by the Board to protect the interests of consumers in Santa Clara County.

(e) To conduct public hearings on matters within the scope and function of the Commission and may hear testimony of persons under oath relating to such matters. The Commission may, when appropriate, request the issuance of a subpoena by the Board of Supervisors requiring the production of oral or documentary evidence, or both, which the Board of Supervisors finds is reasonable, necessary and relevant to the conduct of the Commission hearing. Subpoenas shall be issued, served and return made thereon in the manner provided in the Government Code for subpoenas issued by boards of supervisors. At any hearing before the Commission, a witness shall have the right to be advised by counsel present at the hearing.

(f) To render to the Board of Supervisors at least once each calendar year a report or reports of its activities.

(g) Subject to the approval of the County Executive, to request of any County department information, services, facilities and any other assistance for the purpose of furthering the objectives of this chapter.

(Ord. No. NS-300.393, § 6, 3-26-85)

Sec. A23-68. Committees; advisory committee.

The chairperson of the Commission may, with its approval, appoint committees from its members for the purpose of carrying out any of the functions and duties of the Commission. Any committee appointed shall consist of not less than three members. The actions and recommendations of committees shall not be deemed the action of the Commission, and shall in no way bind the Commission or its members.

(Ord. No. NS-300.393, § 6, 3-26-85)

Secs. A23-69--A23-71. Reserved.

ARTICLE 3.
RESERVED*

Editor's note--Ord. No. NS-300.705, § 6, adopted Jan. 14, 2003, repealed Art. 3, §§ A23-72, A23-73, which pertained to item price marking on packaged consumer commodities. See the Code Comparative Table.

Secs. A23-72--A23-76. Reserved.

ARTICLE 4.
RESERVED*

Editor's note--Ord. No. NS-300.705, § 7, adopted Jan. 14, 2003, repealed Art. 4, §§ A23-77, A23-78, which pertained to accurate price marking of consumer commodities. See the Code Comparative Table.

Secs. A23-77--A23-81. Reserved.

ARTICLE 5.
RESERVED*

Editor's note--Ordinance No. NS-300.608, § 1, adopted January 27, 1998, repealed §§ A23-82--A23-84 and reenacted such sections as Division A33, Ch. VII, Art. 5.

Secs. A23-82--A23-87. Reserved.

CHAPTER VI.
RESERVED*

Editor's note--Ord. No. NS-300.518, § 9, adopted Apr. 27, 1993, which pertained to agriculture, renumbered the provisions of former Div. A23, Chapter VI, which are now contained in Div. A33, Chapter VII.

Secs. A23-88--A23-143. Reserved.

CHAPTER VII.
RESERVED*

Editor's note--Ord. No. NS-300.518, § 11, adopted Apr. 27, 1993, which pertained to animals and fowl, renumbered the provisions of former Div. A23, Chapter VII, which are now contained in Div. A33, Chapter VIII.

Secs. A23-144--A23-247. Reserved.

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