Chapter 1.01
CODE ADOPTION*
Sections:
1.01.010 Adoption.
1.01.020 Prior ordinances repealed.
1.01.030 Exclusions from repeal.
1.01.040 Amendments.
1.01.050 Violations –Penalties.
1.01.060 Enabling act, tables of contents and index headings not part of the code.
1.01.070 Effective date.
1.01.080 Severability.
1.01.090 Code violations.
* For statutory provisions authorizing the codification of ordinances, see Gov. Code §§ 50022.1-50022.8 and 50022.10.
1.01.010 Adoption.
Pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California, there is adopted the Estero Municipal Improvement District Code, 1975 Edition, as published by Book Publishing Company, Seattle, Washington.
From and after the effective date of the ordinance codified in this chapter, the Estero Municipal Improvement District Code, 1975 Edition, shall constitute the penal and regulatory ordinances of the Estero Municipal Improvement District. (Ord. 67 § 1, 1975)
1.01.020 Prior ordinances repealed.
All general ordinances of the Estero Municipal Improvement District not included in this code or excluded from the operation and effect of this section are repealed. (Ord. 67 § 2, 1975)
1.01.030 Exclusions from repeal.
Every special ordinance of this district governing the following subject matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Section 1.01.020 and is not affected by the repeal provisions hereof: Annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys or public ways; acceptance of any gift, devise, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. (Ord. 67 § 3, 1975)
1.01.040 Amendments.
Nothing contained in this chapter is intended to affect the validity of any ordinance adopted or to be adopted which is of a general nature and which ordinances the district secretary is directed to cause to be incorporated in the Estero Municipal Improvement District Code, 1975 Edition, upon their respective effective dates. Upon the adoption of any amendment or addition to this code, or upon the repeal of any of its provisions, the district secretary shall certify thereto, and maintain the same filed in her office for ready reference. The district secretary is directed to incorporate in regular supplements in the Estero Municipal Improvement District Code, 1975 Edition, all amendments, additions or deletions adopted by the board of directors. (Ord. 67 § 4, 1975)
1.01.050 Violations –Penalties.
As required by Section 50022.4 of the Government Code of the state of California, the penalty clauses contained in Sections 6.04.090, 6.08.060, 8.04.130, 8.12.230, 8.12.240, 8.12.250, 8.12.260, 8.12.270 and 8.12.280 of the Estero Municipal Improvement District Code, 1975 Edition, are hereinafter set forth in full as follows:
“6.04.090 Violation-Penalty. Any person violating or causing or permitting to be violated any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted; and upon conviction of any such violations such person, firm or corporation shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
“6.08.060 Violation-Penalty. Any person violating or causing or permitting to be violated any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted; and upon conviction of any such violations, such person, firm or corporation shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
“8.04.130 Violation-Service disconnection when. For the failure of the customer to comply with all or any part of this title and any ordinance, resolution or order fixing rates and charges for water and sewer utility services of this district, as a penalty separate and additional to any other which may have been specifically fixed therefor, the customer’s service shall remain discontinued and water shall not be supplied such customer until he has complied with the rule or regulation, rate or charge which he has violated. In the event that he cannot immediately comply with the rule or regulation, service shall remain discontinued until he has satisfied the district that in the future he will comply with all the rules and regulations established by ordinance, resolution or order of the district and with all rates and charges of this district.
“8.12.230 Violation-Correction notice and action. Any person found to be violating any provision of this title or any other ordinance, rule or regulation of the district, except Section 8.12.060, shall be served with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Except in the case of emergencies or when the public interest and necessity require otherwise, the time limit shall be not less than two nor more than seven working days. Such person shall, within the period of time stated in such notice, correct the violation. All persons shall be held strictly responsible for any and all acts of his or their agents or employees pursuant to the provisions of this title or any other ordinance, rule or regulation of the district.
“8.12.240 Violation-Nuisance-Declaration. Continued habitation or occupancy of any building or continued operation of any industrial or commercial facility in violation of the provisions of this title or any other ordinance, rule or regulation of the district is a public nuisance. The district may cause proceedings to be brought for the abatement of the occupancy of the building or industrial or commercial facility during the period of such violation.
“8.12.250 Violation-Service disconnection-When. As an alternative method of enforcing the provisions of this title or any other ordinance, rule or regulation of the district, the district may disconnect the user from the sewer mains and/or water mains of the district. Upon disconnection of sewerage service, the sewer services division shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The district shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.
“8.12.260 Violation-Services disconnection-Continuing premises habitation prohibited. During the period of such disconnection, habitation of such premises by human beings constitutes a public nuisance, whereupon the district may cause proceedings to be brought for the abatement of the occupancy of the premises by human beings during the period of such disconnection. In such event, and as an additional condition of reconnection, there is to be paid to the district a reasonable attorney’s fee and cost of suit arising in the action.
“8.12.270 Violation-Water cutoff. As an alternative remedy for violations of rules or regulations relating to the sewer system, the district may cause water service to the premises to be disconnected during the period of violation.
“8.12.280 Violation-Liability. Any person violating any of the provisions of the ordinances, rules or regulations of the district shall become liable to the district for any expense, loss or damage occasioned by the district by reason of such violation.”
(Ord. 115, 1992; Ord. 67 § 5, 1975)
1.01.060 Enabling act, tables of contents and index headings not part of the code.
The California Enabling Act creating the Estero Municipal Improvement District, the tables of contents appearing at the beginning of each title and chapter, as well as the tables and index in the back of the code, and the title, chapter and section headings are not adopted as part of the Estero Municipal Improvement District Code, 1975 Edition, but are included for convenience only. Said tables of contents, tables, index and title, chapter and section headings shall not be deemed to govern, limit or modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section. (Ord. 67 § 6, 1975)
1.01.070 Effective date.
The ordinance codified in this chapter and the Estero Municipal Improvement District Code, 1975 Edition, shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after the passage of the ordinance codified herein. (Ord. 67 § 7, 1975)
1.01.080 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The board declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid. (Ord. 67 § 8, 1975)
1.01.090 Code violations.
Notwithstanding any other provision of this code, whenever violation of any section contained in this code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction, and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. (Ord. 99 § 1, 1986)