HomeMy WebLinkAbout01. GENERAL PROVISIONS
GENERAL PROVISIONS
Title 1
GENERAL PROVISIONS
Division 12 Code Adoption
Chapter 12-2 General
Sections:
12-2.002 Title.
12- 2.004 References.
12-2.006 Amendments.
Chapter 12-4 Authority
Sections:
12-4.002 Authority for adoption.
12-4.004 Area of application.
Chapter 12-6 Effect
Sections:
12-6.002 No effect.
12-6.004 Reference carry-over.
12-6.006 Exclusions.
12-6.008 Repeal of existing ordinances.
Chapter 12-8 Maintenance and Distribution
Sections:
12-8.002 Clerk's copies.
12-8.004 Regulation by county administrator.
12-8.006 Revisions.
Division 14 Enforcement
Chapter 14-2 General
Article 14-2.2 Authority
Sections:
14-2.202 Deputies.
14-2.203 Arrests authorized.
Article 14-2.4 Notices
Sections:
14-2.402 General.
14-2.404 Written.
14-2.406 SelVice.
14-2.408 Proof of selVice.
Chapter 14-4 Appeals
Sections:
14-4.002 General.
14-4.004 Notice filed by appellant.
14-4.006 Setting of hearing-Notice.
14-4.008 Decision final.
Chapter 14-6 Civil Enforcement
Sections:
14-6.002 Generally.
14-6.004 Nuisances.
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(Contra Costa County 9-15-78)
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GENERAL PROVISIONS
Chapter 14-8 Criminal Enforcement
Sections:
14-8.002 Violation-Infraction.
14-8.004 Violation-Punishment.
14-8.006 Violation-Continuing.
Division 16 Construing Provisions
Chapter 16- 2 General
Sections:
16-2.001 Construction.
16-2.002 Continuation of existing law.
16-2.004 Severability.
Chapter 16-4 Definitions
Sections:
16-4.002 General.
16-4.004 Affidavit, certificate and verification.
16-4.006 Board.
16-4.008 Code.
16-4.010 Comity.
16-4.012 Gender.
16-4.014 May, shall.
16-4.016 Number.
16-4.018 Oath.
16-4.020 Officials and official bodies.
16-4.022 Person.
16-4.024 State.
16-4.026 Tenses.
16-4.028 Zoning, board of adjustment.
Division 18 Miscellaneous
Chapter 18-2 Fees
Sections:
18-2.002 Code fees superseded.
(Contra Costa County 9,15-78)
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Division 12
CODE ADOPTION*
Chapters:
12- 2 General
12-4 Authority
12-6 Effect
12-8 Maintenance and Distribution
Chapter 12-2
GENERAL
Sections:
12-2.002
12-2.004
12-2.006
Title.
References.
Amendments.
12-2.002 Title. This code shall be known as
the ordinance code of Contra Costa County, and
may be so cited in any prosecution for its
violation. (Ord. 70-36 ~ 1 (part), 1970: prior
code ~ 1100 (part)).
12- 2.004 References. Every reference to
this code or any portion of this code applies to
this code as now or hereafter amended. (Ord.
70-36 ~ 1 (part), 1970: prior code ~ 1100
(part)).
12-2.006 Amendments. Any ordinance
amending this code may be designated as an
amendment to the ordinance code of Contra
Costa County. (Ord. 70-36 ~ 1 (part), 1970:
prior code ~ 1100 (part)).
Chapter 12-4
AUTHORITY
Sections:
12-4.002
12-4.004
Authority for adoption.
Area of application.
12-4.002 Authority for adoption. This code
is adopted under the provisions of Title 5,
*For the statutory provisions authorizing counties to .adopt by
reference a codification of its ordinances, see Gov. C. llll
50022.1- 5oo22.8ai1d 50022.10.
GENERAL
12- 2.002-12.6.006
Division 1, Part 1, Chapter 1, Article 2 (Sections
50022.1 ff.) of the California Government Code.
(Ord. 70-36 ~ 1 (part), 1970: prior code ~
1101 ).
12-4.004 Area of application. Unless
otherwise specifically provided, this code applies
only to acts or omissions within the
unincorporated area of Contra Costa County.
(Ord. 70-36 ~ 1 (part), 1970: prior code ~
1102).
Chapter 12-6
EFFECT
Sections:
12-6.002
12-6.004
12-6.006
12-6.008
No effect.
Reference carry-over.
Exclusions.
Repeal of existing ordinances.
12-6.002 No effect. The adoption or
amendment of this code and the repeal of
ordinances by this code shall not affect the
following matters:
(1) Actions and proceedings which began
before the effective date of this code, or of the
amendment;
(2) Prosecution for ordinance violations
committed before the effective date of this
code, or of the amendment;
(3) Licenses and penalties due and unpaid at
the effective date of this code, or of the
amendment and the collection of these licenses
and penalties; and
(4) Bonds and cash deposits required to be
posted, fIled, or deposited pursuant to any
ordinance. (Ord. 70-36 ~ 1 (part), 1970: prior
code ~ 1103(a), (b), (c), (d)).
12-6.004 Reference carry-over. Matters of
record and other references to or material
connected with ordinances substantially codified
herein, or to or with earlier versions of later
amended provisions hereof, shall be construed to
apply to the substantially corresponding current
provisions of this code. (Ord. 70-36 ~. 1 (part),
1970: prior code ~ 1103(e)).
12-6.006 Exclusions. Every ordinance of
this county governing the following subject
matter is excluded from this code and is not
3
(Contra Costa County 9-15-76)
12-6.008-14- 2.202
GENERAL PROVISIONS
affected by the general repeal provisions of this,
code:
(1) Naming roads;
(2) Granting, altering, or withdrawing
franchises;
(3) Levying special taxes;
(4) Creating or regulating special districts;
(5) Calling elections;
(6) Regulating vehicular or pedestrian traffic
on particular highways, roads, or bridges, which
ordinances were adopted before the effective
date of this code;
(7) Relating to interim zoning; and
(8) Zoning or rezoning particular areas. (Ord.
70-36 ~ 1 (part), 1970: prior code ~ 1104).
12-6.008 Repeal of existing ordinances. *
Every ordinance which is neither excluded from
this code nor specifically continued in force by
this code is repealed. This section shall not be
construed to revive any ordinance which was
repealed before the adoption of this code. (Ord.
70-36 ~ 1 (part), 1970: prior code ~ 1105).
Chapter 12-8
MAINTENANCE AND DISTRIBUTION**
Sections:
12-8.002
12-8.004
12-8.006
Gerk's copies.
Regulation by countyadminis-
trator.
Revisions.
12-8.002 Gerk's copies. The clerk shall
keep at least three certified copies of this code
in his office for examination and use by the
public. He shall note, in appropriate places in
these copies, the ordinance numbers of
ordinances amen.ding the code, and shall
maintain three complete files of amendatory
ordinances, indexed for ready reference, for
public use. (Ord. 70-36 ~ 1 (part), 1970: prior
code ~ 1106 (part)).
12- 8.004 Regulation by county
administrator. The county administrator shall
arrange for and regulate the distribution and/or
sale of copies of this code. Ord. 70-36 ~ 1 (part),
1970: prior code ~ 1 106 (part)).
*For exclusions from this code, see ~ 12-6.006, this code.
**'For. the statutory. provisions regarding the keeping of the
ordinance book in the office of the county clerk, see Gov. C. ~
25104 and~ 50022.6
(Contra Costa County 9-15-76)
12-8.006 Revisions. The county
administrator shall, in consultation with the
clerk of the board<ind the county counsel,
arrange for the necessary preparation, printing
and distribution of material updating this code
and reprinting it in whole or in part ftom time
to time as necessary or convenient. (Ord. 70-36
~ 1 (part), 1970).
Division 14
ENFORCEMENT*
Chapters :
14- 2 General
14-4 Appeals
14-6 Civil Enforcement
14-8 Criminal Enforcement
"Chapter 14-2
GENERAL
Article 14-2.2 Authority
Sections:
14-2.202 Deputies.
14-2.203 Arrests authorized.
Article 14-2.4 Notices
Sections:
14-2.402
14-2.404
14-2.406
14-2.408
General.
Written.. .
Service.
Proof of service.
Article 14-2.2 Authority
14-2.202 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 this code' specially provides
otherwise. (Ord. 70-36 ~ 1 (part), 1970: prior
code.~ ,I204)~.
*Forth!l authority of .counties to make and enforce within.,'its
limits ordinan~s and, regulations not -in, conflictwitil the
general laws, see CONST. art 11~7., "
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14-2.203 Arrests authorized. Pursuant to
Penal Code Section 836.5, all county officers
and employees who have a duty to enforce any
statute or ordinance are authorized to arrest
persons for violations thereof as provided by
law. (Ord. 76-51 ~ 3).
Article 14-2.4 Notices
14-2.402 General. Unless otherwise
specially provided herein, notices and service
thereof pursuant to this code shall be as
provided in Sections 14-2.402 through 14.2.408.
(Ord. 70-36 @ I (part), 1970: prior code @ 1205
(part)).
14-2.404 Written. Notices shall be written.
(Ord. 70-36 @ I (part), 1970: prior code @ 1205
(part)).
14- 2.406 Service. * Written notices shall be
served either:
(1) Personally; or
(2) By deposit in the United States mail in a
sealed envelope, first class, postage prepaid,
addressed to the person to be notified at his last
known business or residence address appearing
in the public records or in other records of the
matter for which notice is given, and mailed
notice shall be deemed served when duly mailed.
(Ord. 70-36 @ I (part), 1970: prior code @ 1205
(part)).
14-2.408 Proof of service. Proof of the
service of any notice may be made by the
certificate of any officer or employee of this
county or by the affidavit of any person at least
eighteen years old, showing service conforming
to this code or other applicable law. (Ord. 70-36
@ I (part), 1970: prior code @ 1206).
Chapter 14-4
APPEALS
Sections:
14-4.002
14-4.004
14-4.006
14-4.008
General.
Notice filed by appellant.
Setting of hearing-Notice.
Decision final.
14-4.002 General. Unless otherwise
specially provided, any person aggrieved by an
*For the statutory provisions regarding notice by certified mail
as being equal to mailing of notice by registered mail, see Gov.
C. ~ 53062.
APPEALS
14-2.203-14-6.004
administrative action taken by any officer of
this county under this code may appeal from the
action to the board of supervisors, as provided in
this chapter. (Ord. 70-36 @ I (part), 1970: prior
code @ 1207 (part)).
14-4.004 Notice filed by appellant. The
appellant shall, within thirty days of the action
appealed from, file with the clerk of the board a
verified written notice of appeal concisely
stating the facts of the case and the grounds for
his appeal including his special interest and
injury. (Ord. 70-36 @ I (part), 1970: prior code
@ 1207 (part)).
14-4.006 Setting of hearing - Notice. The
clerk of the board shall then promptly set the
matter for hearing at an early regular board
meeting, and shall give the appellant at least five
days' written notice thereof. (Ord. 70-36 @ I
(part), 1970: prior code @ 1207 (part)).
14-4.008 Decision final. The board's
decision, after appellant has had an opportunity
to be heard, shall be final and conclusive. (Ord.
70-36 @ 1 (part), 1970: prior code @ 1207
(part)).
Chapter 14-6
CIVIL ENFORCEMENT*
Sections:
14-6.002
14-6.004
Generally.
Nuisances.
14-6.002 Generally. In addition to the
penalties provided by this code, this code may
be enforced by civil action, directly against the
act, omission or condition, or for damages
therefor, for collection of penalties, fines,
deposits, forfeitures, etc., or by other civil
proceedings. (Ord. 70-36 @ 1 (part), 1970: prior
code @ 1203 (part)).
14-6.004 Nuisances. Any condition existing
in violation of this code is a public nuisance and
may be abated summarily or otherwise by this
county. (Ord. 70-36 @ 1 (part), 1970: prior code
@ 1203 (part)).
*For the statutory provisions regarding the county's authority to
abate a public nuisance, see Civ. C. ~ 3494; for the remedies
against a public nuisance, see Civ. C. ~ 3491.
5
(Contra Costa County 9-15-76)
14-8.002-16-2.004
GENERAL PROVISIONS
Chapter 14-8
CRIMINAL ENFORCEMENT*
Sections:
14-8.002
14-8.004
14-8.006
Violation-Infraction.
Violation-Punishment.
Violation -Continuing.
14-8.002 Violation - Infraction. Except as
otherwise provided (and regardless of the
availability of other civil or administrative
remedies and procedures for enforcing this
code), every act or condition prohibited or
declared unlawful by this code, and every failure
or omission to act as required herein, is a
violation of this code and is an infraction. (Ords.
76-51 ~ 1, 70-36, 1457: prior code ~ 2100
(part): see Govt. C. ~ 251 32(a)).
14-8.004 Violation Punishment. (a)
Infractions. Except as otherwise provided by
statute or this code, every infraction violation of
this code is punishable, upon conviction thereof,
by:
(1) A fine not exceeding fifty dollars for a
first violation;
(2) A fine not exceeding one hundred dollars
for a second violation of the same ordinance
within one year;
(3) A fine not exceeding two hundred fifty
dollars for each additional violation of the same
ordinance within one year.
(b) Misdemeanors. Except as otherwise
provided by state law or this code, every
misdemeanor violation of this code is
punishable, upon conviction thereof, by
imprisonment in the county jail for not over six
months and/or by a fine of not over five
hundred dollars. (Ords. 76-51 ~ 1,70-36, 1457:
prior code ~ 1200 (part): see Govt. C. ~
25l32(b), Vehicle Code ~ 4200l(a), and Penal
Code ~ 19).
14-8.006 Violation - Continuing. Acts,
omissions or conditions in violation of this code
which continue, exist, or occur on more than
one day constitute separate violations and
offenses on each such day. (Ord. 70-36, prior
code ~ 1200 (part)).
*For the statutory definition of a misdemeanor, see Pen. C. ~
17; for the statutory provisions regarding conf'mement in the
county jail as punishment for a misdemeanor, see Pen. C. ~~ 19
and 19a.
(Contra Costa County 9-15-76)
Division 16
CONSTRUING PROVISIONS
Chapters:
16- 2 General
16-4 Definitions
Chapter 16-2
GENERAL
Sections:
16-2.001
16-2.002
16-2.004
Construction.
Continuation of existing law.
Severability.
16-2.001 Construction. The provlSlons of
this code shall be construed, and all proceedings
under it shall be undertaken, to effect its objects
and further its purposes and to promote justice.
(Ord. 71-110 ~ 1, 1971).
16-2.002 Continuation of existing law.*
Where they are substantially the same as existing
law, the provisions of this code shall be
considered continuations of existing law and
shall not be considered new enactments. (Ord.
70-36 ~ I (part), 1970: prior code ~ 1300).
16-2.004 Severability. If any title, division,
chapter, article, section, subsection, paragraph,
sentence, clause, or phrase of this code is held
unconstitutional or otherwise invalid for any
reason by a court of competent jurisdiction, that
holding shall not affect the validity or
constitutionality of the remainder of this code.
The board of supervisors declares that it would
have adopted each part of this code irrespective
of the validity of any other part. (Ord. 70-36 ~ 1
(part), 1970: prior code ~ 1302).
*For the statutory provision regarding continuation of existing
law under new code provisions, see Civ. C. ~ 5.
6
Sections:
16-4.002
16-4.004
16-4.006
16-4.008
16-4.010
16-4.012
16-4.014
16-4.016
16-4.018
16-4.020
16-4.022
16-4.024
16-4.026
16-4.028
Chapter ..16-4
DEFINITIONS
General.
Affidavit, certificate and
verification.
Board.
Code.
County.
Gender.
May, shall.
Num ber.
Oath.
Officials and official bodies.
Person.
State.
Tenses.
Zoning, board of adjustment.
16-4.002 General. Unless otherwise defined
by this code or clearly required by its context,
the following terms when used by this code shall
have the meanings set forth in this chapter.
(Ords. 77-33 S 1 (part), 70-36 S 1 (part): prior
code S 1303 (part)).
16-4.004 Affidavit, certificate and
verification. "Affidavit," "certificate" and
"verification" include declarations under
penalty of perjury. (Ord. 70-36 S 1 (part)).
16-4.006 Board. "Board" means the board
of supervisors of Contra Costa County. (Ord.
70-36 S 1 (part)).
16-4.008 Code. "Code" means this
ordinance code of Contra Costa County; and
references to "sections," "chapters" etc., refer
to such portions of this code. (Ord. 70-36 S 1
(part): prior code S 1303(a)).
I
16-4.010 County. "County" means the
county of Contra Costa, California. (Ord. 70-36
S 1 (part): prior code S 1303(b)).
16-4.012 Gender. The feminine gender
includes the masculine and neuter genders; and
the masculine gender includes the feminine and
neuter genders. (Ords. 76-51 S 6,70-36, 1457:
prior code S 1303(c)).
16~4.014 May, shall. "May" is pennissive;
DEFINITIONS
16-4.002-;-16-4.028
"shall" is mandatory, (Ord. 70-36 S 1 (part):
prior code S 1303(d),(h)).
16-4.016 Number. The singular includes the
plural and vice versa. (Ord. 70-36 S 1 (part):
prior code S 1303(e)).
16-4.018 Oath. "Oath" includes
affirmation. (Ord. 70-36 S 1 (part): prior code S
1303(f)).
16-4.020 Officials and official bodies.
"Officials" and "official bodies" referred to by
their titles (e.g., sheriff, planning commission, or
sanitarian) means that officer, employee,
department, board, or commission of the county
of Contra Costa. (Ord. 70-36 S 1 (part): prior
code S 1303(k)).
16-4.022 Person. "Person" means any
natural person, firm, association, joint venture,
joint stock company, partnership, organization,
club, company, corporation, business trust, or
their manager, lessee, agent, servant, officer or
employee, or any of them. (Ord. 70-36 S 1
(part): prior code S 1303(g)).
16-4.024 State. "State" means the state of
California. (Ord. 70-36 S 1 (part): prior code S
1303(i)).
16-4.026 Tenses. The present tense includes
the past and future tenses; and the future tense
includes the present tense. (Ord. 70-36 S 1
(part): prior code S 1303(j)).
16-4.028 Zoning, board of adjustment.
"Board of zoning adjustment" means the zoning
administrator. (Ord. 77-33 S 1 (part)).
7
(Contra Costa County 9-15-78)
18-2.002
Chapters:
18-2 Fees
GENERAL PROVISIONS
Division 18
MISCELLANEOUS
Chapter 18-2
FEES
Sections:
18-2.002 Code fees superseded.
18-2.002 Code fees superseded. All
provisions of this code setting fees (except those
required by statute to be set by ordinance) may
be superseded by fees set by board resolution,
but remain in effect until so superseded. (Ord.
78-44 ~ 1).
(Contra Costa County 9-15-78)
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