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HomeMy WebLinkAbout09BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: ) Establishing the Ci'ty of Danville ) Municipal Code, Providing for Its ) Upkeep and Maintenance and ) Providing Penalties for Violation ) ORDINANCE NO. 9 THE CITY COUNCIL OF THE CITY OF DANVILLE DOES ORDAIN.as follows: Section 1. Establishment of Municipal Code. (a) Adoption. Danville is adopted. (b) Contents. A Municipal Code of the City of The Municipal Code of the City of Danville shall consist of all ordinances adopted by the City Council which are of a general and permanent nature. An ordinance relating to 'the following subject matter is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code: (2) (4) (5) (6) the naming of a street, road or highway; granting, altering or withdrawing a franchise; calling an election; adopting interim zoning regulations; zoning or rezoning a particular parcel of property; such other ordinances of a special or particular subject matter which the City Council considers is not appropriate to a general compilation of laws of a general and permanent nature. (c) Outline. The ordinances of the City which are of a general and permanent nature shall be organized and classified under the following scheme of titles: 1. General Provisions 2. Administration 3. Boards and Commissions Building Regulations 5. Businesses and Occ'upations 6. Fire and Fire Protection 7. Health, Safety and Welfare 8. Planning and Land Use 9. Public Property and Works 10. Public Utilities and Franchises 11. Revenue and Taxation 12. Traffic and Vehicles (d) Maintenance. At least 3 copies of the Municipal Code certified by the City Clerk shall be kept on file in the office of the City Clerk for use and examination by the public. As an amendment, addition or other change to the Code is made, it shall be noted by ordinance number on the appropriate pages of each of the 3 copies of the Code. The City Clerk shall also keep a file of all amendatory ordinances indexed for reference. The Municipal Code may be reproduced in quantity and sold in such a manner as the City Council directs. (e) Subsections (a) through (d) of this section shall -2- be renumbered as section 1-101 and compiled into Chapter 1 of Title 1, General Provisions of the Municipal Code. Section 2. Chapter 2, comprising sections 1-201 to 1-214, is added to Title 1 of the Danville Municipal Code to read as follows: Section 1-201 1-202 1-203 1-204 1-205 1-206 1-207 1-208 1-209 1-210 1-211 1-212 1-213 1-214 "Chapter 2 Rules of Construction Citation of Code Definitions in the Code Tenses Gender Number Shall and may Liberal construction Effect of headings Area of application Prohibited acts include causing, permitting or suffering Acts of deputies Effect on prior proceedings or rights Continuation of similar existing law Severability of provisions. Section 1-201. Citation of Code. This Code may be cited as the Danville Municipal Code. It may be so cited in any prosectuion for violation of this Code. An ordinance amending this Code may be designated as an amendment -3- to the Danville Municipal Code. Every reference to this Code or any portion of it applied to this Code as now or hereafter amended. Section 1-202. Definitions in the Code. In this Code unless the context otherwise requires: (1) "City" is the City of Danville; (2) "City Council" is the City Council of this City; (3) "City Manager" is the appointed official of the City who occupies the position as chief administrative officer of the City; (4) "county" is the County of Contra Costa; (5) "oath" includes affirmation; (6) "owner" as applied to a building or land, includes a part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part; (7) "person" means a natural person, firm, association, organization, partnership, business trust, company, corporation, joint venture, club, or its manager, lessee, agent, servant, officer or employee and includes a county, public agency, public corporation, public district or political subdivision of the state; (8) "state" is the State of California; (9) "s~ree~" includes a highway, avenue, lane, alley, court, place, square, curb, and other public ways in the City which is dedicated -4- and open to public use. Street also includes such other public property designated as such by law; (10) "tenant" or "occupant" applied to a building or land includes a person who occupies the whole or part of the building or land, whether alone or with others. Section 1-203. Tenses. The present tense includes the past tense and future tense, and the future tense includes the present tense. Section 1-204. Gender. The masculine gender includes the feminine and neuter. Section 1-205. Number. The singular number includes the plural, and the plural, the singular. Section 1-206. Shall and may. "Shall" is mandatory and "may" is permissive. Section 1-207. Liberal construction. The provisions of this Code and all proceedings under it shall be construed with a view to effect its objects and to promote justice. Section 1-208. Effect of headings.. Title, chapter, article and section headings do not govern, limit, modify or affect the scope, meaning or intent of this Code. Section t-209~ Area of application. This Code refers only to the omission or commission of -5- acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by the Constitution, law or ownership or control of property. Section 1-210. Prohibited acts include causing, permitting or suffering. Whenever in this Code an act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission. Section 1-211. Acts of deputies. Where this Code grants a power to a public officer or employee or imposes a duty on him, the power may be exercised or the duty performed by his deputy or employee or by any person authorized by law or ordinance, unless the Code specifically provides otherwise. Section 1-212. Effect on prior proceedings or rights. No action or proceeding begun before this Code takes effect, and no right accrued, is affected by its provisions. Sectionl-213. Continuation of similar existing law. Each provision of this Code so far as it is substantially the same as an existing provision shall be construed as a continuation and not a new enactment. Section 1-214. Severability of provisions. If a title, division, chapter, section, subsection, paragraph, sentence, clause, or phrase of this Code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this Code. The City Council declares that it would have adopted -6- each part of this Code irrespective of the validity of any other part." Section 3. Chapter 3, comprising sections 1-301 to 1-306t is added to Title 1 of the Danville Municipal Code to read as follows: Section 1-301 1-302 1-303 1-304 1-305 1-306 "Chapter 3 Penalty Provisions Violation an infraction Penalty for infraction Penalty for misdemeanor Separate offense Nuisance Violation of land use permit or variance permit a misdemeanor Section 1-301. Violation an infraction. No person shall violate a provision of this Code or fail to comply with a requirement of this Code. A person who violates a provision of this Code or fails to comply with a mandatory requirement of this Code is guilty of an infraction unless this Code makes the violation of a particular provision a misdemeanor. Section 1-302. Penalty for infraction. Under Government Code ~36901, the penalty by fine for an infraction is as follows: A violation determined to be an infraction is punishable by 1) a fine of $50.00 for a first violation; -7- 2) a fine of $100.00 for a second violation of the same ordinance within one year; 3) a fine of $250.00 for each additional violation of the same ordinance within one year. Section 1-303. Penalty for misdemeanor. A person convicted of a misdemeanor under this Code, unless specific provision is otherwise made, shall be punished by a fine of not more than $500 or by imprisonment in the county jail for a period of not more than 6 months, or both. Section 1-304. Separate offense. Each person is guiltyof a separate offense for each and every day during any portion of which the violation of this Code is committed, continued~ or permitted by that person~ Section 1-305. Nuisance. In addition to the penalty provided, any condition caused or permitted to exist in violation of a provision of the Code, whether the violation is an infraction or a misdemeanor, is a public nuisance and may be summarily abated as such. Each day that the condition continues is a new and separate offense. Section 1-306. Violation of land use permit or variance permit a misdemeanor. Each person who holds a land use permit or a variance permit issued by the City and the sucessor to each such person shall comply with each provision of the permit and with each term which is imposed as a condition to the exercise of the permit. A person who violates or fails to comply with each provision of the permit and with each term imposed as a condition to the exercise of the -8- permit is guilty of a'violation of this section. A person who violates this section is guilty of an infraction and shall be punished as provided in section 1-302. The penalty provided in this section is in addition to the penalty of forfeiture of the permit prescribed by the Code." Section 4. Chapter 4, comprising sections 1-401 to 1-403, is added to Title 1 of the Danville Municipal Code to!,read as follows: Section 1-401 1-402 1-403 "Chapter 4 Citation of Violators Authority of adoption Authority of City officers and employees to make arrests Procedure for making arrests Section 1-401. Authority for adoption. Sections 1-402 and 1-403 are adopted under the authority of section 836.5 of the Penal Code of the State of California. Section 1-402. Authority of City officers and employees to make arrests. Each officer and employee of the City is authorized to arrest a person for the violation of an ordinance or a statute which it is his duty to enforce. Section 1-403. Procedure for making arrests. (a) The public officer or employee authorized to make an arrest under section 1-402 may arrest a person without a warrant whenever he has reasonable cause to believe that the -9- person to be arrested has committed a misdemeanor in his presence which is a violation of a statute or ordinance which the public officer or employee has the duty to enforce. (b) In every case where a person is arrested, Chapter 5C of Title 3 (beginning with section 853.5) of the Penal Code of the State of California applied with reference to the proceeding." Section 5. Chapter 5, comprising sections 1-501 to 1-513, is added to Title 1 of the Danville Municipal Code to read as follows: Section 1-501 1-502 1-503 1-504 1-505 1-506 1-507 1-508 1-509 1-510 1-511 1-512 1-513 "Chapter 5 Abatement of Nuisances Authority for adoption, application and purpose Mailing notice to abate nuisance Posting of notice on property Effect of failure to receive notice Effect of failure to abate Hearing Extension of time Abatement by City Record of expenses Hearing on statement of expenses Expenses a special assessment against the property Notice of special assessment Procedure in case of emergency -10- Section 1-501. Authority for adoption, application and purpose. The procedure set forth in this chapter for the abatement of a nuisance and the making of the cost of abatement of a nuisance which exists upon a parcelof land a special assessment against that parcel is adopted under Government Code section -38773.5. The procedure set forth in this chapter for abatement applies to any nuisance which the~City Council declares is a nuisance either by another provision of this Code or other ordinance which the City Council may adopt. The procedure set forth in this chapter is not exclusive and is in addition to the procedure for abatement which is conferred upon the City by Civil Code section 3494, Code of Civil Procedure section 731, Government Code section 38773 or other lawful authority. Section 1-502. Mailing notice to abate nuisance. When the City Council declares that something constitutes a nuisance, it shall mail a notice to the owner of the property and the mortgagee or beneficiary under a recorded deed of trust. The notice shall state the conditions which constitute the public nuisance and shall order the abatement of the nuisance within 30 days after the date ofthe notice. Section 1-503. Posting of notice on property. In addition to the mailed notice under section 1-502, the City shall post conspicuously at least 1 copy of the notice upon the property where the nuisance exists. Section 1-504. Effect of failure to receive notice. The fact that the owner or other person to whom notice -11- is given of the nuisance abatement proceedings does not receive notice does not affect the validity of the proceedings. Section 1-505. Effect of failure to abate. If the nuisance is not abated within the period given in the notice, the council may determine to proceed with the abatement. When it determines to proceed, the council shall give a second notice in the same manner set forth in sections 1-502 and 1-503. The second notice shall direct the person to appear before the council or such other person as the council specifies in the notice at a stated time and. place and show cause why the nuisance should not be abated. The notice shall be headed "notice to abate nuisance" in letters of not less than 1" in height and shall be substantially in the following form: NOTICE TO ABATE NUISANCE (name of person to whom notice is given) is notified to appear before (insert person designated to conduct hearing) of the City of Danville at a meeting to be held on , 19 , at the hour of o'clock, at (place of meeting), and show cause, if any he has, why the nuisance should not be abated and the cost of abatement of the nuisance upon that parcel of land should not be made a special assessment against that parcel. DATED: CITY COUNCIL OF THE CITY OF DANVILLE Section 1-506. By: Hearing_. At the time fixed in the notice, the council or other -12- person specified to hear the matter shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the council may, by resolution, declare its findings. If the council so concludes, it may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within 30 days after the date of posting on the premises a notice of the adoption of the resolution. Section 1-507. Extension of time. The council may grant an extension of time to abate the nuisance if, in its opinion, good cause for an extension exists. Section 1-508. Abatement by City. If the person fails to abate the nuisance within the time set forth, the City may proceed to abate the nuisance. Section 1-509. Record of expenses. The City shall keep an itemized account of the expenses involved in abating the nuisance. The City shall post conspicuously on the property and shall also mail to the owner of the property a statement showing the expense of the abatement, together with a notice of the time and place when the statement will be submitted to the council for approval and confirmation and at which time the council shall consider objections or protests to ~he cos~ of ~he work. Section 1-510. Hearing on statement of expenses. At the time fixed for the hearing on the statement of -13- expense, the council shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The council may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution. Section 1-511. Expenses a special assessment against the property. If the property owner does not pay the expense of abating the nuisance within 5 days after the council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate of 8% a year computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ad valorem real property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem real property taxes. All laws applicable to levy, collection and enforcement of ad valorem real property taxes apply to this special assessment. Section 1-512. Notice of special assessment. The City shall file in the office of the county recorder a certificate substantially in the following form: NOTICE OF SPECIAL ASSESSMENT Under the authority of Government Code section 38773.5 and section 1-501 to 1-513 of the Danville Municipal Code, the City did on ~ 19 , abate a nuisance upon the real property hereafter described and then on , -14- 19__, did assess the cost of the abatement upon the real property. The City of Danville claims a special assessment on the real property for the expense of doing the work in the amount of $ . This amount is a special assessment against the real property until it is paid, with interest at the rate of 8% a year from , 19 , (insert date of confirmation of statement), and discharged of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the City of Danville, County of Contra Costa, State of California, more particularly described as follows: DATED: , 19 . CITY OF DANVILLE By: Section.l-513. Procedure in case of emergency. When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the council may order the nuisance abated immediately or take steps itself to abate the nuisance after adoption of a resolution declaring the facts which constitute the emergency. The resolution to be effective shall be adopted by 4/5ths vote of the council." Section 6. Chapter 6, comprising sections 1-601 to 1-608, is added to Title 1 'of theDanVille !Municipal Code to read as follows: -15- Section 1-601 1-602 1-603 1-604 1-605 1-606 1-607 1-608 "Chapter 6 Notices and Appeals Time and manner of giving notice when not specified Method of service when not specified Time extension when service by mail Computation of time Appeal procedure when not specified Time period for appeal when not specified Notice and hearing Final decision ~ , ~ Section 1-601. Time and manner of giving notice when not specified. When this Code requires the giving of notice and manner of giving the notice is not specified, the notice shall be in writing. If a right may be exercised or an act is to be done and the notice of it is required to be given but the time within which the notice must be given is not specified, the notice shall be given at least 10 days before the time the right must be exercised. Section 1-602. Method of service when not specified. When in this Code notice is required to be given and the manner of giving notice is not otherwise specified, the notice shall be served either personally or by first class mail in a sealed envelope with postage prepaid, addressed to the person at his last known mailing address and deposited in a facility maintained by the United States Department of Postal Service. -16- Section 1-603. Time extension when service is by mail. In the case of service by mail, service is complete at the time the notice is deposited in the United States mail. However, if within a given number of days after service, a right may be exercised or an act is to be done by the person to whom the notice is given, the time within which the right may be exercised or the act done is extended to five days if the place of address is within the State of.California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. Section 1-604. Computation of time. The time in which action provided by this Code is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. Section 1-605. Appeal procedure when not specified. A person aggrieved by an administrative action taken by an officer or employee under this Code may appeal from the action to the City Manager and thence to the City Council, unless the procedure for appeal is otherwise specifically provided. The time and manner of appeal is prescribed by sections 1-606 and 1-607. Section 1-606. Time period for appeal when not specified. When this Code provides that a decision or order may be appealed and the procedure for taking the appeal is not specifically provided for, the person appealing shall file a written notice of appeal with the City Manager within 10 days of the action appealed from. -17 - Section 1-607. Notice and hearing. Upon receiving the notice of appeal, the City Manager shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least 10 days before the hearing. Section 1-608. Final decision. The decision of the City Manager is final 10 days after notice is given to the appellant of the ruling on the appeal, unless an appeal is taken from the decision of the City Manager. The decision of the City Council is final." Section 7. Chapter 7, comprising section 1-701 is added to Title 1 of the Danville Municipal Code to read as follows: "Chapter 7 Miscellaneous Provisions Section 1-701 Establishment of Fees by Resolution Section 1-701. Establishment of Fees By Resolution. Where an ordinance, rule, or regulation requires a person to file an application or request a permit, the City Council may by resolution fix the fee to be charged for the filing and processing of the application and the request for permit, including an appeal from the decision of a subordinate body. Section 8. Posting. Within 15 days after the passage of this ordinance, the City Clerk shall have it posted in the 3 public places designated -18- by resolution of the City Council. Section 9. Taking Effect. This ordinance is an urgency ordinance and is for the immediate preservation of the public peace, health and safety. This ordinance takes effect immediately. The facts constituting the urgency are these: the City of Danville is newly incorporated. It is necessary that this ordinance take effect immediately in order to provide a Municipal Code with a scheme of classification for the grouping of ordinances as they are adopted. The foregoing ordinance was introduced and adopted at a meeting of the City Council of the City of Danville held on August 16 , 1982, by the following vote: AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf NOES: None ABSENT: None ATTEST: -19-