Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.010 How Code designated and cited.
1.05.020 Definitions and rules of construction.
1.05.030 Interpretation – No City liability.
1.05.040 Catchlines of sections.
1.05.050 Provisions considered as continuations of existing ordinances.
1.05.060 Severability of parts of Code, ordinances, resolutions.
1.05.080 Adoption of California Code of Civil Procedure Section 1094.6.
1.05.010 How Code designated and cited.
The ordinances embraced in the following chapters and sections of this Code shall constitute and be designated "The Code of the City of Santa Clara, California," or "Santa Clara City Code," and may be so cited. (Formerly § 1-1).
Stat. Ref.: For State law as to power of City to codify ordinances, see Gov. C.A. §§ 50022.1 – 50022.8.
1.05.020 Definitions and rules of construction.
In the construction of this Code and all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:
(a) Reserved for future use.
(b) "B" definitions:
(1) Building Standards Code. See (c)(2) "California Code of Regulations," below, for explanation.
(c) "C" definitions:
(1) California Building Standards Code. See (c)(2) "California Code of Regulations," below, for explanation.
(2) "California Code of Regulations" ["CCR"]. These are the regulations issued by State agencies. Titles 1 through 28 (with Title 24 omitted) of the California Code of Regulations are found in "Barclay's Official California Code of Regulations." The Barclay's version of the CCR states the Building Standards are no longer contained in the California Code of Regulations. This is not entirely accurate. Title 24 does exist, and it consists of 11 Parts. The California Building Standards Commission is responsible for publishing Title 24 as a separate title, and Title 24 is also known as the "California Building Standards Code." These respective 11 Parts of Title 24 are now the States' "building standards" and consist of subject matter such as the California Building Code (Part 2), California Electric Code (Part 3), California Plumbing Code (Part 5), California Fire Code (Part 9), etc. References are to the latest version of a CCR section, or its successor CCR section.
(3) "Charter" shall mean and refer to the Charter of the City of Santa Clara, as amended.
(4) "The City" or "this City" shall be construed as if followed by the words "of Santa Clara."
(5) City Council. Whenever the words "Council" or "City Council" are used, they shall be construed to mean the City Council of the City of Santa Clara.
(6) "The Code" or "this Code" shall mean "The Code of the City of Santa Clara, California." Throughout this Code, the Code is abbreviated "SCCC."
(7) Codes – Various California Codes. Reference to California codes will not always be preceded by their California identification, i.e., Civil Code, Government Code, Health and Safety Code, Labor Code, Streets and Highway Code, Water Code, etc. It is understood, unless the context indicates otherwise, that code references are to California codes. References are to the latest version of a code section, or its successor code section.
(8) "Code of Federal Regulations" ["CFR"]. These are the administrative regulations issued by various agencies of the United States government. The CFR consists of Titles 1 through 50. Amendments to the CFR first appear in the Federal Register. References are to the latest version of a CFR section, or its successor CFR section.
(9) Computation of Time. The time in which any act provided by law 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.
Stat. Ref.: For similar State law, see Gov. C.A. § 6800. See also C.C.P. § 12.
(10) "The County" or "this County" shall mean the County of Santa Clara, California.
(d) "D" definitions:
(1) "Day" is the period of time between any midnight and the midnight following. Unless expressly provided otherwise, "days" refers to calendar days.
Stat. Ref.: For similar State law, see Gov. C.A. § 6806.
(2) Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
Stat. Ref.: For similar State law, see Gov. C.A. § 6807.
(3) "Department," "board," "commission," "agency," "officer" or "employee" shall mean a department, board, commission, agency, officer or employee of the City of Santa Clara.
(4) Designee. Whenever authority is granted to a City officer or employee (i.e., City Manager, Chief of Police, City Clerk, City Attorney, Director of Public Works, Director of Finance, etc.), whether explicitly provided or not, it is understood that the grant of authority includes the further delegation of that authority to a duly qualified and appointed designee.
(e) Reserved for future use.
(f) Reserved for future use.
(g) "G" definitions:
(1) Gender. The masculine gender includes the feminine and neuter.
Stat. Ref.: For similar State law, see Gov. C.A. § 12.
(h) "H" definitions:
(1) "Health Department" shall mean the Health Department of the County of Santa Clara.
(2) "Health Officer" shall mean the Health Authority of the County of Santa Clara.
(3) Hold Harmless. Whenever a third party is charged with holding the City harmless, the phrase (or variation of the phrase) "protect, defend, indemnify, and hold harmless," shall be read to mean that party will protect, defend (including costs and reasonable attorney's fees), indemnify, and hold harmless the City, its City Council, officers, employees, agents, assigns and successors in any administrative or judicial action in which the City is exposed to liability.
(i) "I" definitions:
(1) "In the City" shall mean and include all territory over which the City now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
(j) "J" definitions:
(1) Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Stat. Ref.: See C.C. § 12.
(k) Reserved for future use.
(l) Reserved for future use.
(m) "M" definitions:
(1) "Month" shall mean a calendar month.
Stat. Ref.: For similar State law, see Gov. C.A. § 6804.
(n) "N" definitions:
(1) Number. The singular number includes the plural, and the plural the singular.
Stat. Ref.: For similar State law, see Gov. C.A. § 13.
(o) "O" definitions:
(1) Oath. "Oath" includes affirmation.
Stat. Ref.: For similar State law, see Gov. C.A. § 15.
(2) Official Time. Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the city.
(3) Or, And. "Or" may be read "and," and "and" may be read "or," if the sense requires it.
(4) "Owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
(p) "P" definitions:
(1) "Person" includes any individual, partnership, association (or other group however organized), organization, social club, fraternal organization, estate, trust, receiver, trustee, government agency, public corporation, corporation (de jure or de facto), company, limited liability company, business, firm, joint venture, joint stock club, or any other legal, business, or commercial entity and any lawful successor thereto or transferee thereof.
Stat. Ref.: For similar State law, see Gov. C.A. § 17.
(2) "Personal property" includes every species of property except real property, as defined in this section.
Stat. Ref.: See C.C. § 14, subsec. 3.
(3) "Preceding" and "following" mean next before and next after, respectively.
(4) "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
Stat. Ref.: For similar State law, see Gov. C.A. § 22.
(5) "Property" shall include real and personal property.
Stat. Ref.: See C.C. § 14, subsecs. 1, 2, 3.
(q) Reserved for future use.
(r) "R" definitions:
(1) "Real property" shall include lands, tenements and hereditaments.
Stat. Ref.: See C.C. § 14, subsec. 2.
(s) "S" definitions:
(1) Shall, May. "Shall" is mandatory and "may" is permissive.
Stat. Ref.: For similar State law, see Gov. C.A. § 14.
(2) Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his/her own name near the signer's or subscriber's name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
Stat. Ref.: For similar State law, see Gov. C.A. § 16.
(3) "The State" or "this State" shall be construed to mean the State of California.
(t) "T" definitions:
(1) "Tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.
(2) Tenses. The present tense includes the past and future tenses, and the future includes the present.
Stat. Ref.: For similar State law, see Gov. C.A. § 11.
(u) "U" definitions:
(1) "United States Code" ["U.S.C." or "U.S.C.A."]. This is the codification of enactments of the Congress of the United States. It consists of Titles 1 through 28.
(v) Reserved for future use.
(w) "W" definitions:
(1) Week. A week consists of seven consecutive days.
Stat. Ref.: For similar State law, see Gov. C.A. § 6805.
(2) "Writing" includes any form of a 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.
Stat. Ref.: For similar State law, see Gov. C.A. § 8.
(x) Reserved for future use.
(y) "Y" definitions:
(1) "Year" shall mean a calendar year, except where otherwise provided.
Stat. Ref.: For State law definition of "year," see Gov. C.A. § 6803.
(z) Reserved for future use. (Amended at request of city during 2003 recodification; formerly § 1-2).
1.05.030 Interpretation – No City liability.
None of the provisions in this Code or in any other ordinance or resolution of the City or in any rule or regulation promulgated pursuant thereto, whether preexisting, existing or in the future, are intended to create or to be construed to create an imposition of civil liability on the City, its Council, officers or employees while acting or failing to act in accordance with such provisions. (Ord. 1528 § 1, 7-16-85. Formerly § 1-2.1).
1.05.040 Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such section, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Formerly § 1-3).
1.05.050 Provisions considered as continuations of existing ordinances.
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments. (Formerly § 1-4).
1.05.060 Severability of parts of Code, ordinances, resolutions.
(a) It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.
(b) If any section, subsection, sentence, clause, or phrase of any uncodified ordinance or resolution heretofore or hereafter adopted is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of such ordinance or resolution. Each and every section, subsection, sentence, clause or phrase of any ordinance or resolution is severable from all other sections, subsections, sentences, clauses or phrases unless such ordinance or resolution contains a provision which states that the City Council, or any body so delegated by the City Council, would not have passed the remainder of such ordinance or resolution if it had known that any section, subsection, sentence, clause or phrase of the ordinance or resolution would subsequently be declared invalid or unconstitutional. (Ord. 1970 § 1, 10-24-17. Formerly § 1-5).
1.05.070 Prosecutorial discretion for enforcement – Continuing violations – Range of penalties – Enforcement cost recovery.
(a) Preliminary Statement. Throughout this Code are provisions utilizing some form of enforcement language, i.e., "enforcement," "penalty," "unlawful," etc. Many of them refer to this SCCC 1.05.070. However, some sections have additional provisions that might include, but not be limited to, enforcement procedure, enforcement personnel, fine schedules, etc. Those provisions are intended to augment these basic provisions of SCCC 1.05.070.
(b) Acts or Omissions Constituting a Violation. Whenever in this Code, in any ordinance or resolution of the City, in any permit, use, rule or regulation promulgated or granted pursuant thereto, or in any authorization granted in writing by the City Council or the City Manager, or City Manager designee, (i) any act is prohibited or is made or declared to be unlawful, an offense, or a misdemeanor (or infraction), or (ii) the performance of any act is required or the failure to perform any act is declared to be unlawful, an offense, or a misdemeanor (or infraction) [all the above categories are hereinafter collectively referred to as "violation(s)"], the enforcement of a violation shall be in the discretion of the City Attorney's office. Pursuant to the City Attorney office's prosecutorial discretion, the City may enforce violations as a criminal (infraction or misdemeanor), civil, and/or administrative action.
(c) Continuing Violations. Each and every day, or any part thereof, during which any violation [as defined hereinabove in subsection (b)] is committed, continued, permitted or allowed, it shall be a separate offense.
(d) Prohibited Acts. Whenever a violation, as defined hereinabove in subsection (b), occurs, the violation shall include not only the act or omission constituting the violation, but it shall also include causing, allowing, permitting, aiding, abetting, suffering, withholding or concealing the fact of such act or omission (or destroying or tampering the evidence associated with the act or omission).
(e) Criminal Enforcement.
(1) Prosecution. Every violation shall be deemed a misdemeanor. Provided, however, that in the sole discretion of the City Attorney's office, a violation may be prosecuted as an infraction where the City Attorney's office has determined that such action would be in the best interest of justice. The City Attorney may specify in the citation, accusatory pleading or by amendment during the prosecutorial process that the matter will be prosecuted as an infraction.
(2) Penalty for a Misdemeanor. Each and every violation of this Code that is deemed a misdemeanor is punishable by a penalty of not more than one thousand dollars ($1,000.00), or by imprisonment in the City or County jail for a period not exceeding six months, or by both penalty and imprisonment.
(3) Penalty for an Infraction. Unless specifically provided otherwise in this Code, each and every violation of this Code that is deemed an infraction is punishable by:
(A) A fine not exceeding one hundred dollars ($100.00) for the first violation;
(B) A fine not exceeding two hundred dollars ($200.00) for the second violation of the same or similar provision within a one-year period; or
(C) A fine not exceeding five hundred dollars ($500.00) for each additional violation, after the second, of the same or similar provision of this Code within a one-year period of the first violation.
(f) Civil Penalties. Any person who intentionally, accidentally, or negligently commits a violation of this Code, any written authority issued by the City, or any provision of any permit issued pursuant to this Code, is civilly liable to the City in the sum of not less than one hundred dollars ($100.00) but not more than one thousand dollars ($1,000.00) per day for each day in which such violation occurs or continues. Pursuant to subsection (h), hereinbelow, the City may petition the appropriate court to impose, assess, and recover such sums. The civil penalties provided in this subsection (f) explicitly exclude the cost of enforcement provided in subsection (h), which costs will be imposed in addition to the civil penalties. The civil penalties are cumulative and not exclusive, and the civil penalties herein provided shall be in addition to all other remedies available to the City under the laws, regulations, or requirements of Federal law, State law, or City law. These civil remedies include, but are not limited to, actions or legal proceedings for the abatement, removal and enjoinment of conditions or activities that constitute a public nuisance.
(g) Administrative Penalties. Whenever, pursuant to Chapter 1.10 SCCC, Administrative Penalties – Citations, a hearing officer finds that any person has violated any provision of this Code, City regulation or City requirement, the hearing officer may assess an administrative penalty in a sum not to exceed one thousand dollars ($1,000.00) per day. The remedies provided in this section shall be pursuant to the applicable administrative procedures. The administrative penalties provided in this subsection (g) explicitly exclude the cost of enforcement provided in subsection (h), which costs will be imposed in addition to the administrative penalties. The administrative penalties are cumulative and not exclusive, and the administrative penalties herein provided shall be in addition to all other remedies available to the City under the laws, regulations, or requirements of Federal law, State law, or City law.
(h) Costs of Enforcement.
(1) In any criminal, civil, and/or administrative proceeding, appeal, hearing, or action commenced by the City under the laws (which include, but are not limited to, statutory enactments, resolutions, regulations, requirements, or conditions of approval) of the Federal government, State government, or City, the City shall be entitled to recover from the defendant(s) of such action the City's cost of enforcement, including, but not limited to, inspection costs, the cost of the services of personnel (which is not limited to City employees), forensic services, equipment utilized in the investigation, corrective actions (abatement, cleanup, etc.), and enforcement activities of the City.
(2) The prevailing party in any action shall be entitled to recover reasonable attorneys' fees only in those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. (Ord. 1531 § 1, 9-17-85; Ord. 1785 § 4, 9-30-03; Ord. 1833 § 1, 4-15-08. Formerly § 1-6).
Stat. Ref.: For State law authorizing cities to impose fines not exceeding one thousand dollars ($1,000.00) and imprisonment for terms not exceeding six months, or both, for violations of ordinances, see Gov. C.A. § 36901. For provision declaring violation of ordinance to be a misdemeanor, see Gov. C.A. § 36900.
1.05.080 Adoption of California Code of Civil Procedure Section 1094.6.
The provisions of California Code of Civil Procedure Section 1094.6 are hereby adopted. (Ord. 1630 § 1, 11-5-91. Formerly § 1-7).