CHAPTER 1.
ADOPTION OF CODE
Sections:
1-1.01 Adoption of Municipal Code of the City of Emeryville – 1995 Edition
1-1.02 Supplements to the Emeryville Municipal Code – 1995 Edition
1-1.03 Violations and Punishment
1-1.04 Tables of Contents and Index
1-1.06 Effect of Code on Past Actions and Obligations
1-1.01 Adoption of Municipal Code of the City of Emeryville – 1995 Edition.
(a) Pursuant to the provisions of Sections 50022.1 through 50022.10 of the California Government Code, the “Municipal Code of the City of Emeryville – 1995 Edition” (hereinafter “Emeryville Municipal Code – 1995 Edition” or the “Code”) as published by ProCode of Seattle, Washington, is hereby adopted.
(b) The following ordinances and laws, as amended, and all corrections and clarifications thereto, are hereby codified in the Emeryville Municipal Code – 1995 Edition:
(1) Emeryville Municipal Code – 1978 Edition.
(2) Ordinances 90-1, 90-2, 90-3, 90-4, 90-5, 90-6, 90-7, 90-8, 90-9, 90-10, 90-11, 90-12, 90-13, 90-15, 90-16, 90-17, 90-18, 90-19, 90-20, 90-21, 91-01, 91-02, 91-04, 91-05, 91-06, 91-07, 91-08, 91-10, 91-11, 92-01, 92-02, 92-03, 92-04, 92-05, 92-06, 92-07, 92-08, 92-09, 92-11, 92-13, 92-14, 92-15, 93-001, 93-002, 93-003, 93-004, 93-005, 93-008, 93-009, 93-010, 94-001, 94-002, 94-006, 94-007, 94-009, 94-011, 94-012, 94-014, 95-01, 95-02, 95-03, 95-04.
(3) “Uniform Building Code, 1991 Edition” and the appendix thereto published by the International Conference of Building Officials.
(4) “Uniform Mechanical Code, 1991 Edition” and the appendices thereto, published by the International Conference of Building Officials.
(5) “Uniform Plumbing Code, 1991 Edition” and the appendices thereto, published by the International Conference of Building Officials.
(6) “National Electrical Code, 1990 Edition” and the appendices thereto, published by the National Fire Protection Association.
(7) “Uniform Housing Code, 1991 Edition” and the “Uniform Building Security Code, 1991 Edition” and the appendices thereto, published by the International Conference of Building Officials.
(8) “Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition” and the appendices thereto, published by the International Conference of Building Officials.
(9) “Uniform Administrative Code, 1991 Edition” and the appendices thereto, published by the International Conference of Building Officials.
(10) “Uniform Fire Code, 1991 Edition” and the appendices thereto, published by the Western Fire Chiefs Association and the International Conference of Building Officials.
(11) “Uniform Sign Code, 1988 Edition” published by the International Conference of Building Inspectors.
(c) From and after the effective date of the Ordinance codified in this Chapter, the Emeryville Municipal Code – 1995 Edition shall constitute the penal, regulatory and administrative ordinances of the City of Emeryville.
(Sec. 2 (part), Ord. 96-006, eff. July 4, 1996)
1-1.02 Supplements to the Emeryville Municipal Code – 1995 Edition.
Nothing in this Chapter is intended to affect the validity of Ordinance Nos. 95-06, 95-09, 95-10, 96-01, 96-02, 96-04, 96-05, and following, which Ordinances the City Clerk is hereby directed to cause to be incorporated in the Emeryville Municipal Code – 1995 Edition. Copies of every ordinance making changes in the Code shall be filed in the office of the City Clerk, indexed for ready reference. The City Clerk is directed to incorporate in regular supplements to the Emeryville Municipal Code – 1995 Edition all amendments, additions or deletions adopted by the City Council.
(Sec. 2 (part), Ord. 96-006, eff. July 4, 1996)
1-1.03 Violations and Punishment.
As required by Government Code Section 50022.4 of the State of California, the penalty clauses outlined in Title 1, Chapter 2, of the Emeryville Municipal Code are set forth in full as follows:
Section 1-2.01. Violations Misdemeanors or Infractions.
(a) Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued, maintained or permitted by such person and shall be punishable accordingly.
(b) Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of one (1) year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one (1) year by a fine of not more than four hundred dollars ($400.00). After the third conviction, any repeat violation within one (1) year may be charged as a misdemeanor.
(c) In addition to the penalties provided by this section, any condition caused, maintained, or permitted to exist in violation of any of the provisions of this Code, or the provisions of any code adopted by reference by this Code, or any subdivision, building, wiring, plumbing or other similar activity in violation of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense.
(d) No person shall violate any provision or fail to comply with any of the requirements of this Code.
(e) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, except the provisions and requirements set forth in subsection (f) of this section, shall be guilty of a misdemeanor, as designated by, and provided for, in Sections 16, 17, 19c, and 19d of the Penal Code of the State and as expressly specified in Section 4000 of the Vehicle Code of the State. The following provisions on any violation shall be deemed a misdemeanor:
|
Title |
Chapter |
Article |
Section |
|---|---|---|---|
|
4 |
2 |
Entire |
|
|
|
4 |
Entire |
|
|
|
7 |
|
.09 and .10 |
|
|
12 |
Entire |
|
|
5 |
5 |
Entire |
|
|
|
6 |
Entire |
|
|
|
8 |
Entire |
|
|
|
9 |
|
.03 |
|
|
12 |
Entire |
|
|
|
14 |
|
.05 |
|
|
16 |
2 |
.220 and .221 |
|
|
25 |
Entire |
|
|
|
28 |
Entire |
|
|
6 |
1 |
1 |
1.107 |
|
|
2 |
|
.02 and .03 |
|
|
7 |
Entire |
|
|
|
11 |
Entire |
|
|
|
13 |
Entire |
|
|
7 |
5 |
|
.13 |
|
8 |
15 |
Entire |
|
|
|
21 |
|
.04 and .05 |
|
10 |
1 |
Entire |
Except Secs. .22 and .23 |
(f) Any person violating any of the following provisions or failing to comply with any of the following provisions of this Code shall be guilty of an infraction:
|
Title |
Chapter |
Article |
Section |
|---|---|---|---|
|
3 |
1 |
|
|
|
4 |
1, 5, 6, 8, 10, 11 |
Entire |
|
|
|
7 |
|
Except Secs. .09 and .10 |
|
5 |
1, 2, 3, 4, 7, 11, 13, 15, 18, 19, 20, 21, 23, 24, 27, 29, 30, 34, 35, 36, 38 |
Entire |
|
|
|
9 |
|
Except Sec. .03 |
|
|
14 |
|
Except Sec. .05 |
|
|
16 |
|
Except Secs. .220 and .221 |
|
6 |
1 |
1 |
Except Sec. 1.107 |
|
|
1 |
5 |
|
|
|
2 |
|
Except Secs. .02 and .03 |
|
|
3, 4, 5, 6, 9, 10, 12, 14 |
Entire |
|
|
7 |
2, 3, 4, 6, 7, 8, 10 |
Entire |
|
|
|
5 |
|
Except Sec. .13 |
|
8 |
1, 2, 3, 4, 5, 7, 8, 9, 11, 19 |
Entire |
|
|
|
20 |
|
.02, .03, .04, .05, .06, .07, .08, .09, and .10 |
|
|
21 |
|
Except .04 and .05 |
|
|
26 |
|
.02, .03, .04 and .05 |
|
9 |
Entire |
|
|
|
10 |
1 |
|
.22 and .23 |
|
10 |
2 |
Entire |
|
(g) The following officers and their subordinates designated in writing to the City Manager shall have and are hereby invested with the authority to cite and/or arrest any person who violates the provisions of this Code set forth in subsections (e) and (f) of this section:
TITLE OF OFFICERS
Fire Chief
Chief Building Official
City Engineer
Police Officers
Community Preservation Officer
Director of Planning and Building
(h) The Council shall have the power to designate by written order that particular officers or employees shall be authorized to enforce the provisions of this Code set forth in this section in addition to those officers enumerated in subsection (g) of this section. Officers or employees so designated shall have the authority to cite and/or arrest persons who violate any of said provisions.
(i) An officer or employee designated pursuant to subsection (g) or subsection (h) of this section shall be determinative of the enforcement powers of such officer or employee, notwithstanding a designation of a different officer or employee within the particular provision of this Code referred to in subsection (g) of this section.
1-2.02 Prohibited Acts.
Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, maintaining, or concealing the fact of such act or omission.
1-2.03 Amount of Penalties.
The amount of the penalties to be imposed for violations of this Code shall be the amounts set forth in Section 1-2.01(a) and (b) unless otherwise specified in this Code. Where a different amount is specified under another Title, Chapter, Article or section of this Code, that amount shall prevail.
1-2.04 Determination of Punishment.
Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.
1-2.05 Place of Confinement.
Every person found guilty of violating any of the provisions of this Code and sentenced to imprisonment shall be imprisoned in the County Jail.
1-2.06 Fees, Charges, Licenses and Taxes Made a Civil Debt.
The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.
1-2.07 Violations of Administrative Provisions.
The violation of any administrative provision of this Code by any officer or employee of the City may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, or board within the meaning of the rules and regulations of the City or of the civil service regulations of the City.
(Sec. 2 (part), Ord. 96-006, eff. July 4, 1996; Sec. 3, Ord. 07-004, eff. May 3, 2007; Sec. 3, Ord. 07-015, eff. Jan. 3, 2008; Sec. 3, Ord. 08-006, eff. Oct. 2, 2008; Sec. 3, Ord. 09-003, eff. July 16, 2009; Sec. 3, Ord. 09-004, eff. July 16, 2009; Sec. 3, Ord. 10-019, eff. Jan. 20, 2011; Sec. 3, Ord. 11-011, eff. Nov. 17, 2011; Sec. 3, Ord. 12-001, eff. Feb. 16, 2012; Sec. 7, Ord. 12-003, eff. Mar. 8, 2012; Sec. 3, Ord. 12-005, eff. Mar. 8, 2012; Sec. 2, Ord. 14-001, eff. Mar. 6, 2014; Sec. 4, Ord. 15-005, eff. Aug. 20, 2015; Sec. 3, Ord. 15-007, eff. Oct. 1, 2015; Sec. 3, Ord. 17-011, eff. Nov. 2, 2017)
1-1.04 Tables of Contents and Index.
The tables of contents appearing in the Emeryville Municipal Code – 1995 Edition at the beginning of each title and chapter, as well as the tables and index in the back of the Code, are not adopted as part of the Emeryville Municipal Code – 1995 Edition, but are included for reference and convenience only. They shall be changed from time to time, with the approval of the City Clerk to conform with the amendments and additions to the Code as they occur.
(Sec. 2 (part), Ord. 96-006, eff. July 4, 1996)
1-1.05 Headings.
The title, chapter and section headings contained in the Emeryville Municipal Code – 1995 Edition shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter or section.
(Sec. 2 (part), Ord. 96-006, eff. July 4, 1996)
1-1.06 Effect of Code on Past Actions and Obligations.
Neither the adoption of this Code nor the repeal or amendment hereby of any ordinance or part of any ordinance of the City shall in any manner affect the prosecution of violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date, due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any license fee, 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 ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.
(Sec. 2 (part), Ord. 96-006, eff. July 4, 1996)
1-1.07 Severability.
If any section, subsection, sentence, clause, phrase, part or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The City Council of the City of Emeryville hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, phrases, or parts, or portions be declared invalid or unconstitutional.
(Sec. 2 (part), Ord. 96-006, eff. July 4, 1996)