BELMONT CITY CODE — Belmont Municipal Code

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Adopted, September 27, 1976

Effective, October 28, 1976

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PUBLISHED IN 1976 BY ORDER OF THE CITY COUNCIL

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CITY OF BELMONT, CALIFORNIA

AT THE TIME OF THIS CODIFICATION

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William H. Hardwick Mayor

Frank R. Gonsalves Vice Mayor

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Robert A. Jones Pamela S. Ketcham Walter J. Worthge, Jr. Council Members

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Florence I. Holland City Treasurer

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James W. McLaughlin City Clerk

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Kenneth M. Dickerson City Attorney

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James P. DeChaine City Manager

PREFACE

The Belmont City Code is a complete codification of the ordinances of a general and permanent nature enacted by the Council. As expressed in the Adopting Ordinance, this Code repeals all ordinances inconsistent herewith. The Code contains only ordinances of a general and permanent nature prescribed for and effecting the public as a whole. Special ordinances or ordinances dealing with only a portion of the inhabitant of the City, rather than all of them, or relating to special purposes such as ordinances levying special assessments, providing for bond issues, vacating streets, etc., are not included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been appropriately catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. The source of each section is cited in parentheses following the section. The absence of such a citation indicates that the section is new and was adopted for the first time with the adoption of the Code.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 7 is numbered 7-14. Under this system, each section is identified with its title and, at the same time, new sections may be inserted in their proper places by using the decimal system for amendments. By way of illustration, if new material consisting of three sections that would logically come between Sections 4-16 and 4-17 is to be added, the new sections would be numbered 4-16.1, 4-16.2, and 4-16.3. New chapters may be included by the addition of a fraction after the chapter number. Thus, if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12½. Care should be taken that the alphabetical arrangements of chapters is maintained when including new chapters. New articles and divisions may be included in the same way, or in case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental servicing. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the volumes, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment when incorporated into the Code, may be cited as a part thereof as provided in Section 13 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volumes. As revised sheets are received it will become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them, and that all deleted pages be saved and filed for historical reference.

Index

The general index to the Code has been prepared with the greatest of care. Each item has been placed under several headings, some of the hearings being couched in lay phraseology, others in legal terminology, and still others in language generally used by city officials and employees. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which he is interested.

Acknowledgements

The publishers are most grateful to Mr. James P. DeChaine, City Manager; Mr. Allen Beck, Assistant City Manager; Mr. Kenneth Dickerson, City Attorney; and Mr. James W. McLaughlin, City Clerk; for their cooperation and assistance in the preparation of this Code.

The publication of this Code was under the direct supervision of George R. Langford, President, and C. Julian Manson, Code Editor-in-Chief of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully acknowledged to the other members of the publisher's staff for their sincere interest and able assistance throughout this project.

This Code is presented for the use and benefit of the citizens of the City of Belmont, California.

September, 1976

MUNICIPAL CODE CORPORATION Tallahassee, Florida

ORDINANCE NO. 581.

An Ordinance Adopting and Enacting a City Code of the City of Belmont, California; Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein, Except as Herein Expressly Provided; Providing for the Effective Date of Such Code and a Penalty for the Violation Thereof, Providing for the Manner of Amending Such Code; and Providing When this Ordinance Shall Become Effective.

The City Council of the City of Belmont does ordain as follows:

Section 1. That pursuant to the California Government Code § 50022.1, the Belmont City Code consisting of Chapters 1 to 26, each inclusive, is hereby adopted and enacted as the "Belmont City Code" and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before February 23, 1976, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 28th day of October, 1976, and all ordinances of a general and permanent nature of the City of Belmont, enacted on final passage on or before February 23, 1976, are hereby repealed, except as hereinafter provided.

Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:

(1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(2) Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness;

(3) Any contract or obligation assumed by the City;

(4) Any right or franchise granted by the City;

(5) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City;

(6) Any ordinance relating to specific public improvements or assessments therefor;

(7) Any ordinance establishing or prescribing grades for streets;

(8) Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget;

(9) The Zoning Ordinances of the City;

(10) The Subdivision Ordinances of the City;

(11) Any ordinance establishing the compensation of municipal officers or employees, not inconsistent herewith;

(12) Any ordinance dedicating or accepting any plat or subdivision in the City;

(13) The administrative ordinances not in conflict or inconsistent with the provisions of such Code;

(14) Any ordinance relating to the boundaries of the City;

(15) The traffic ordinances or resolutions of the City, not inconsistent with such Code;

(16) Any prosecution, suit or proceeding pending or any judgment rendered on or before the effective date of such Code;

(17) Ordinance No. 552, land use and management;

(18) Any ordinance enacted after February 23, 1976.

The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. Pursuant to the government Code Section 50022.1, by the adoption of the City Code, the City hereby ratifies the adoption and enactment, as amended and modified by said City Code, of the following secondary codes:

(1) The Uniform Building Code, 1973 Edition and the appendix printed therein, and the Uniform Building Code Standards, 1973 Edition adopted by the International Conference of Building Officials;

(2) The Uniform Mechanical Code, 1973 Edition, adopted by the International Conference of Building Officials;

(3) The Uniform Housing Code, 1973 Edition, adopted by the International Conference of Building Officials;

(4) The National Electrical Code, 1976 Edition, and the appendices printed therein, adopted by the National Fire Protection Association;

(5) The Uniform Plumbing Code, 1973 Edition, and the appendices printed therein, adopted by the International Association of Plumbing and Mechanical Officials.

Section 5. Ordinance No. 570 of the City of Belmont is incorporated herein by reference as though set forth herein word for word and shall be part of the Belmont City Code with the following amendments:

(1) All references to Chapter 25 is hereby amended to read Chapter 12.

(2) All references to Article V is hereby amended to read Article II.

Section 6. Ordinance No. 571 of the City of Belmont is incorporated herein by reference as though set forth herein word for word and shall be part of the Belmont City Code with the following amendments:

(1) All reference to Chapter 21 is hereby amended to read Chapter 20.

(2) All reference to Section 21.4.(2) is hereby amended to read Section 20-3(b).

Section 7. Ordinance No. 572 of the City of Belmont is incorporated herein by reference as though set forth herein word for word and shall be part of the Belmont City Code with the following amendments:

(1) All references to Section 2.1.1 is hereby amended to read Section 2-1(b).

Section 8. Ordinance No. 574 of the City of Belmont is incorporated herein by reference as though set forth herein word for word and shall be part of the Belmont City Code with the following amendments:

(1) All references to Chapter 6 is hereby amended to read Chapter 7.

(2) All references to Article VI is hereby amended to read Article II.

(3) All references to Section 6-46 is hereby amended to read Section 7.53.

(4) All references to Section 6.47 is hereby amended to read Section 7.28.

(5) All references to Section 6.50-4 is hereby amended to read Section 7.42.

(6) All references to Section 6.52 is hereby amended to read Section 7.53.

(7) All references to Section 6.57 is hereby amended to read Section 7.56.

(8) All references to Section 6.58 is hereby amended to read Section 7.57.

(9) All references to Section 6.62 is hereby amended to read Section 7.61.

(10) All references to Section 6.63 is hereby amended to read Section 7.32.

(11) All references to Section 6.66 is hereby amended to read Section 7.54.

Section 9. Ordinance No. 575 of the City of Belmont is incorporated herein by reference as though set forth herein word for word and shall be part of the Belmont City Code with the following amendments:

(1) All references to Section 22.50 is hereby amended to read Section 21.93.

Section 10. Ordinance No.

576 of the City of Belmont is hereby incorporated herein by reference as though set forth herein word for word and shall be part of the Belmont City Code with the following amendments:

(1) All references to Chapter 17 is hereby amended to read Chapter 14.

(2) All references to Article I is hereby amended to read Article III.

(3) All references to Section 17.1 is hereby amended to read Section 14-46.

Section 11. In the event of a conflict between the provisions of the Belmont City Code described in Section 1 of this ordinance and the provisions of Ordinance Nos. 570, 571, 572, 574, 575 and 576 of the City of Belmont as amended in the above sections, the provisions of said ordinances shall prevail. It is the intention of the City Council that the Belmont City Code adopted by this ordinance be amended to conform to the provisions of said ordinances.

Section 12. Whenever in the City Code or in any other ordinance of the City, any act is prohibited or is made or declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of the City Code or any other ordinance of the City shall be punished by a fine not exceeding Five Hundred Dollars or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

Every day any violation of the City Code or any other ordinance of the City shall continue constitutes a separate offense.

Section 13. Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the Belmont City Code shall be understood and intended to include such additions and amendments.

Section 14. A copy of such Code shall be kept on file in the offices of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their proper places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from the Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Belmont City Code and any copy of such Code certified by the City Clerk shall be the official Belmont City Code, at the date of such certification.

Section 15. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 12 of this Ordinance and Section 1-8 of such Code shall apply to the section as amended. In case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 16. It shall be unlawful for any person, firm or corporation in the City to change or amend by additions or deletions, any part or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Belmont to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 12 of this Ordinance and Section 1-8 of such Code.

Section 17. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed, as of the effective date of this ordinance, but shall remain in full force and effect until such date.

Section 18. This Ordinance shall be published once in the Belmont Courier-Bulletin, a newspaper circulated within the City and shall within fifteen (15) days after the day of its final passage, be posted on the bulletin boards at the following three public places in the City:

City Hall
Post Office
Fire Station No. 1

Section 19. This ordinance shall become effective on the 28th day of October, 1976.

INTRODUCED this 13th day of September, 1976.

PASSED AND ADOPTED as an ordinance of the City of Belmont at a regular meeting thereof held on the 27th day of September, 1976, by the following vote:

AYES,

COUNCILMEN: Worthge, Jones, Hardwick

NOES,

COUNCILMEN: None

ABSENT, COUNCILMEN: Ketcham, Gonsalves

/s/ William H. Hardwick Mayor of the City of Belmont

ATTEST:

/s/ James W. McLaughlin Clerk of the City of Belmont