Chapter 1.05 GENERAL PROVISIONS

This Code (2002 revision) shall be known as the “Code of Ordinances, City of Concord, California,” and it shall be sufficient to refer to said Code as the “Concord Municipal Code” in any prosecution for the violation of any provision thereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing said Code, or portions thereof, as an addition or amendment to, or a repeal of, the “Concord Municipal Code,” or a portion thereof.

(Code 1965, § 1100; Code 2002, § 1-1. Ord. No. 687)

1.05.020 Authority.

This record consists of certain regulatory, penal, and administrative ordinances of the city recodified pursuant to the authority contained in Government Code tit. 5, div. 1, ch. 1.05, art. 2 (Government Code §§ 50022.1--50022.10, inclusive).

(Code 1965, § 1101; Code 2002, § 1-2. Ord. No. 687)

1.05.030 Effective date of Code.

This revised Code takes effect upon the effective date of the ordinance whereby it is adopted by reference, a copy of which is included at the beginning of this volume.

(Code 1965, § 1102; Code 2002, § 1-3. Ord. No. 687)

1.05.040 Effect of recodification on past actions and obligations.

Neither the adoption of this recodification nor the repeal hereby of any ordinance or Code sections of this city shall in any manner affect the prosecution for violations of ordinances or Code sections, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinances or Code sections, nor be construed as affecting any of the provisions of such ordinances or Code sections relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed, or deposited pursuant to any ordinances or Code sections, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Code 1965, § 1103; Code 2002, § 1-4. Ord. No. 687)

1.05.050 Reference to specific ordinances.

The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within this Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(Code 1965, § 1104; Code 2002, § 1-5. Ord. No. 687)

1.05.060 Validity of Code; severability.

If any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Code 1965, § 1105; Code 2002, § 1-6. Ord. No. 687)

1.05.070 Repeal of conflicting ordinances.

All ordinances or portions of ordinances or sections or subsections of this Code hereby recodified in conflict with the provisions of this Code are hereby repealed.

(Code 1965, § 1106; Code 2002, § 1-7. Ord. No. 687)

1.05.080 Maintenance of Code.

(a) Copies of this Code shall be serially numbered; not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk; at least three copies, duly certified by the City Clerk, shall be bound and maintained on file in the City Clerk’s office; additional copies shall be prepared in looseleaf form and shall be mounted to withstand heavy usage in such binders as the City Clerk may prescribe.

(b) Upon the adoption of any amendment or addition to said Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of said Code of the taking of such action, noting thereon the number of the ordinances pursuant to which such action is taken.

(c) Duly certified copies of every ordinance making changes in such Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

(d) The City Clerk shall prepare copies of such changes in the Code for insertion in the looseleaf copies thereof. Every section of the Code so changed shall bear thereon a notation of the ordinance number pursuant to which such change is adopted.

(e) Without unnecessary delay, the City Clerk shall cause the looseleaf pages of this Code in which changes have been made to be reproduced, including the notation as to the ordinance number pursuant to which such change was adopted, in order that at least annually the looseleaf copies of such Code prepared for the use and convenience of the officers and employees of the city and the general public may be brought up to date.

(f) The City Clerk shall add or delete any referencing or outlining deemed to be necessary for clarity and understanding.

(Code 1965, § 1107; Code 2002, § 1-8. Ord. No. 687; Ord. No. 818)

1.05.090 Construction of provisions generally.

Unless the provisions of the context otherwise require, the general provisions, rules of construction, and definitions in Sections 1.05.100 through 1.05.190 shall govern the construction of this Code. The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

(Code 1965, § 1300; Code 2002, § 1-9. Ord. No. 687)

1.05.100 Definitions and rules of construction.

City. “City” is the City of Concord.

Council. “Council” is the City Council of this city.

County. “County” is the County of Contra Costa.

Gender. The masculine gender includes the feminine and neuter.

Holiday. “Holiday” shall include all holidays recognized by federal or state regulations, except as such regulations are modified by city ordinance. The term does not include Saturday afternoon where such Saturday is not otherwise a recognized holiday.

Number. The singular number includes the plural, and the plural, the singular.

Oath. “Oath” includes affirmation.

Office. The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of the City of Concord.

Owner. “Owner” applied to a building or land shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

Person. “Person” includes any person, firm, association, organization, partnership, business trust, company, or corporation.

Shall and may. “Shall” is mandatory and “may” is permissive.

State. “State” is the State of California.

Street. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use or such other public property so designated in any law of this state.

Tenant or occupant. “Tenant” or “occupant” applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

Tenses. The present tense includes the past and future tenses, and the future, the present.

(Code 1965, §§ 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323; Code 2002, § 1-10. Ord. No. 687)

1.05.110 Effect of headings.

Chapter, article, division and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, division or section hereof.

(Code 1965, § 1301; Code 2002, § 1-11. Ord. No. 687)

1.05.120 Territorial applicability of Code.

This Code shall refer only to the omission or commission of 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 virtue of the Constitution, or any law, or by reason of ownership or control of property.

(Code 1965, § 1302; Code 2002, § 1-12. Ord. No. 687)

1.05.130 Causing, permitting or concealing violation.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Code 1965, § 1303; Code 2002, § 1-13. Ord. No. 687)

1.05.140 Acts by deputy.

Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

(Code 1965, § 1304; Code 2002, § 1-14. Ord. No. 687)

1.05.150 Written materials.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.

(Code 1965, § 1305; Code 2002, § 1-15. Ord. No. 687)

1.05.160 References to Code and ordinances apply to amendments.

Whenever a reference is made to any portion of this Code or to any ordinance of this city, the reference applies to all amendments and additions now or hereafter made.

(Code 1965, § 1306; Code 2002, § 1-16. Ord. No. 687)

1.05.170 Service of notices.

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(Code 1965, § 1307; Code 2002, § 1-17. Ord. No. 687)

1.05.180 Proof of notice.

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of 18 which shows service in conformity with this Code, or other provision of law applicable to the subject matter concerned.

(Code 1965, § 1308; Code 2002, § 1-18. Ord. No. 687)

1.05.190 Failure to receive notice.

The failure of any person to receive any hearing notice required to be given by this Code shall not constitute grounds for the invalidation of the actions taken at the hearing.

(Code 1965, § 1324; Code 2002, § 1-19. Ord. No. 85-4)

1.05.200 Violation of Code.

Pursuant to Government Code § 36900, a violation of this Code is a misdemeanor punishable pursuant to Section 1.05.230, except as otherwise expressly provided in this Code. In the discretion of the City Attorney, misdemeanor violations may be chargeable as infractions pursuant to Penal Code § 19.6. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail.

(Code 1965, § 1200; Code 2002, § 1-20. Ord. No. 1050; Ord. No. 92-25; Ord. No. 94-5)

1.05.210 Enforcement remedies; continuing violations.

(a) Violations of this Code may be prosecuted by city authorities in the name of the people of the state or redressed by civil action, including enforcement by injunction issued by the Superior Court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation.

(b) Each person who violates any provision of this Code is guilty of a separate offense for each and every day during any portion of which the violation is committed and shall be punished accordingly.

(c) In addition to the penalties hereinafter provided, any activity or condition caused or permitted to exist in violation of any of the provisions of this Code shall be, and the same is hereby declared to be, unlawful and a public nuisance. The City Attorney or other authorized legal representative of the city may immediately commence actions and proceedings for the abatement thereof, and may apply to any court as may have jurisdiction to grant such relief as will abate or remove such activity, condition, or use and restrain and enjoin any person, firm, or corporation from maintaining or using any property or engaging in other activity contrary to the provisions of this Code.

(d) Any person willfully violating their written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested or cited.

(Code 1965, § 1201; Code 2002, § 1-21. Ord. No. 1050; Ord. No. 87-30; Ord. No. 13-7, § 1)

1.05.220 Penalty for infractions.

(a) In the event a violation of this Code is charged as an infraction, a conviction of an infraction of this Code shall be punishable by:

(1) A fine not exceeding $100.00 for the first violation;

(2) A fine not exceeding $200.00 for the second violation of the same ordinance within one year;

(3) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

The phrase “violation of the same ordinance,” as used in this section, means and refers to a violation of the same numbered section of this Code.

(b) Hardship waiver. If fines are levied by the city under subsection (a)(2) or (3) of this section, the Chief of Police may grant a hardship waiver to reduce the amount of the fine upon a showing by the person that they have made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden. The person may apply for a hardship waiver on such grounds by submitting a written statement of the grounds for the hardship waiver, substantial evidence in support of such statement, and their daytime telephone number, to the Chief of Police within 30 days after the billing is mailed. The Chief of Police shall review the written statement and all related evidence and may contact the person to discuss the hardship waiver application. The Chief of Police shall prepare a written decision which shall be mailed to the person and shall set forth the reasons for the decision. The Chief of Police’s decision shall be final.

(Code 1965, § 1203; Code 2002, § 1-22. Ord. No. 1050; Ord. No. 87-30; Ord. No. 92-95; Ord. No. 19-1, § 2 (Exhs. A, B))

1.05.225 Penalty for building and safety code violations.

(a) A violation of local building and safety codes determined to be an infraction is punishable by the following:

(1) A fine not exceeding $130.00 for a first violation.

(2) A fine not exceeding $700.00 for a second violation of the same ordinance within one year.

(3) a. A fine not exceeding $1,300 for each additional violation of the same ordinance within one year of the first violation.

b. A fine not exceeding $2,500 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(b) Hardship waiver. If fines are levied by the city under subsection (a)(2) or (3) of this section (Penalty for building and safety code violations), the Building Official may grant a hardship waiver to reduce the amount of the fine upon a showing by the person that they have made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden. The person may apply for a hardship waiver on such grounds by submitting a written statement of the grounds for the hardship waiver, substantial evidence in support of such statement, and their daytime telephone number, to the Building Official within 30 days after the billing is mailed. The Building Official shall review the written statement and all related evidence and may contact the person to discuss the hardship waiver application. The Building Official shall prepare a written decision which shall be mailed to the person and shall set forth the reasons for the decision. The Building Official’s decision shall be final.

(Ord. No. 19-1, § 2 (Exhs. A, B))

1.05.230 Penalty for misdemeanors.

Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000, or by imprisonment in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Code 1965, § 1205; Code 2002, § 1-23. Ord. No. 687; Ord. No. 1050; Ord. No. 91-21)

1.05.240 Adoption of county animal control ordinance.

(a) Adoption. Pursuant to the provisions of Government Code Section 50022.2 and Food and Agricultural Code Section 30501, there is hereby adopted by reference, as though set forth in full herein, the entirety of Contra Costa County Ordinance Code Division 416, Animals, except for Contra Costa County Ordinance No. 2018-06, Urban Farm Animals. Certified copies of Division 416 are on file with the City Clerk and are open to public inspection.

(b) Request for enforcement in city. The Contra Costa County Ordinance Code referred to and hereby adopted by reference contains the provisions of those sections of the California Food and Agricultural Code referred to in Section 30501, and therefore this section constitutes the city’s request that the provisions of this county ordinance be applicable within the city, and that they shall hereafter so apply, pursuant to Food and Agricultural Code Section 30501.

(c) Conflict with other provisions of Municipal Code. The adoption of the ordinance codified in this section shall not be construed to repeal or in any way affect the provisions of Title 6 (Animals). In the event of a conflict with any adopted provisions of the adopted portions of the Contra Costa County Ordinance Code and this Code, the provisions of this Code shall control.

(Code 1965, §§ 4500, 4501, 4502, 4503, 4601; Code 2002, § 1-24. Ord. No. 404; Ord. No. 808; Ord. No. 841; Ord. No. 1043; Ord. No. 1197; Ord. No. 89-19; Ord. No. 90-26; Ord. No. 97-16; Ord. No. 06-2; Ord. No. 18-8, § 3 (Exh. A))

1.05.250 Adoption of county approved water supply systems ordinance.

(a) Adoption. Pursuant to Government Code § 50022.9, there is hereby adopted, by reference, certain provisions of the Contra Costa County Ordinance Code entitled Division 414, Approved Water Supply Systems, consisting of chapter 414-4 in its entirety and the regulations issued by the county in connection therewith.

(b) County Health Officer to enforce. The Health Officer of the county is authorized to enforce this section within the city.

(1) Any person violating this section, or regulations issued hereunder, by failing to submit plans, obtain necessary inspections and approvals, or pay fees, or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the appropriate fee as a penalty and remain subject to other applicable penalties and enforcement procedures authorized by the state law and/or this Code.

(2) Any person violating any of the provisions of this section is guilty of an infraction and may be punished in accordance with Section 1.05.220 of this Code.

(Code 1965, §§ 5500, 5501, 5502; Code 2002, § 1-25. Ord. No. 86-12)