Belmont Municipal Code Ch. 1 General Provisions

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Belmont City Code," and may be so cited.

(Code 1961, § 1.1)

State Law reference— Codification of ordinances, Gov. Code, § 50022.1 et seq.

In the construction of this Code and of 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:

City. The words "the city" or "this city" shall be construed as if followed by the words "of Belmont."

Code. The words "the Code" or "this Code" shall mean "The Belmont City Code."

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 Saturday, Sunday or holiday recognized by the City of Belmont, and then it is also excluded and the date for the performance of that act is extended to the next day that is not a Saturday, Sunday, or holiday.

State Law reference— Similar provisions, Gov. Code, § 6800.

Council. Whenever the term "council" or "city council" is used, it shall be construed to mean the city council of the City of Belmont, California.

County. The words "the county" or "this county" shall mean the County of San Mateo of the State of California.

Day. A "day" is the period of time between any midnight and the midnight following.

State Law reference— Similar provisions, Gov. Code, § 6806.

Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

State Law reference— Similar provisions, Gov. Code, § 6807.

Gender. The masculine gender includes the feminine and neuter.

State Law reference— Similar provisions, Gov. Code, § 12.

Health department shall mean the health department of the county.

Health officer shall mean the health officer of the county or his authorized representative.

In the city. The words "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.

Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

State Law reference— Similar provisions, Gov. Code, § 12.

Month. The word "month" shall mean a calendar month unless otherwise specified.

State Law reference— Similar provisions, Gov. Code, § 6804.

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

State Law reference— Similar provisions, Gov. Code, § 13.

Oath. "Oath" includes affirmation.

State Law reference— Similar provisions, Gov. Code, § 15.

Officer, office, employee, board, commission or department. Whenever any officer, office, employee, board, commission or department is referred to it shall mean an officer, office, employee, board, commission or department of the city unless the context clearly requires otherwise.

Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

Owner. The word "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 entirety, of the whole or of a part of such building or land.

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

State Law reference— Similar provisions, Gov. Code, § 17.

Personal property includes every species of property except real property, as defined in this section.

State Law reference— Similar provisions, Gov. Code, § 14.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

State Law reference— Similar provisions, Gov. Code, § 22.

Property. The word "property" shall include real and personal property.

State Law reference— Similar provisions, Gov. Code, § 14.

Real property shall include lands, tenements and hereditaments.

State Law reference— Similar provisions, Gov. Code, § 14.

Shall, may. "Shall" is mandatory and "may" is permissive.

State Law reference— Similar provisions, Gov. Code, § 14.

Signature or subscription. "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 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 (2) witnesses so sign their own names thereto.

State Law reference— Similar provisions, Gov. Code, § 16.

State. The words "the state" or "this state" shall be construed to mean the State of California.

Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.

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

State Law reference— Similar provisions, Gov. Code, § 11.

Week. A "week" consists of seven (7) consecutive days.

Writing. "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.

State Law reference— Similar provisions, Gov. Code, § 8.

Year. The word "year" shall mean a calendar year except where otherwise provided.

(Code 1961, § 1.2; Ord. No. 2025-1182, § 1, 2-11-25)

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.

(Code 1961, § 1.3)

The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Code 1961, § 1.4)

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, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1961, § 1.5)

Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Saving Time whichever may be in current use in the city.

(Code 1961, § 1.6)

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Code 1961, § 1.7)

(a) It is unlawful for any person to violate any provision or to fail to comply with any of the mandatory requirements of this code or a city ordinance.

(b) Violation of any provision or failure to comply with any mandatory requirement of this code or a city ordinance is a misdemeanor that may be charged and prosecuted as an infraction at the discretion of the city attorney.

(c) Each and every day during any portion of which any violation of any provision of this code or a city ordinance is committed, continued, or permitted is a separate offense.

(d) Each person convicted of a misdemeanor violation of this code or a city ordinance is punishable by a fine of not more than $1,000, or up to six months in jail, or both.

(e) Each person convicted of an violation determined to be an infraction is punishable by a fine in the maximum amount authorized by Government Code Section 36900.

(f) For each person convicted of an infraction, the city attorney may reduce the amount of an infraction fine in excess of $130 upon a showing by the responsible party that the responsible party has 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 on the responsible party. A request to reduce the fine must be made in writing within 10 calendar days of the date the citation is issued and must be accompanied by clear and specific evidence of financial hardship and efforts to comply.

(g) (1)

Any person or entity violating this code or a city ordinance is liable for a civil penalty of up to $1,000 per violation for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action by the city attorney in any court of competent jurisdiction.

(2) In assessing the amount of the civil penalty, the Court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct or nuisance, the number of violations, the persistence of the misconduct or nuisance, the length of time over which the misconduct occurred or the nuisance continued, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this code or any applicable State law.

(h) Any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated by the city attorney as such. In any action, administrative proceeding, or special proceeding brought by the city attorney to abate a public nuisance, the prevailing party is entitled to reasonable attorneys' fees in accordance with Government Code Section 38773.5. Recovery of attorneys' fees is limited as follows:

(1) To those actions or proceedings where the city elected to recover attorney's fees at the initiation of such actions or proceedings.

(2) The amount of attorneys' fees in any action, administrative action, or special proceeding awarded to a prevailing party may not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

(i) The city attorney, in consultation with the city manager, is authorized to immediately commence an action or proceedings to abate and enjoin any condition or conduct declared by this code to be a nuisance, and to take such steps and apply to such courts of appropriate jurisdiction to grant such relief as will abate the nuisance and restrain any person from creating or maintaining such nuisances. The city attorney may in any such action combine and pursue any other remedy provided for in this section for abatement of a nuisance and violation of this code.

(j) The remedies in this section for violation of this code or a city ordinance are cumulative, not exclusive, and in addition to any other remedies that may be available to the city in law or equity.

(k) Nothing herein is intended to create a mandatory duty on the city or any city official to enforce this code or to seek any particular remedy for a violation or nuisance.

(l) Nothing in this chapter is intended to create a private right of action for the enforcement of this code or city ordinances or regulations.

(Code 1961, § 1.8; Ord. No. 914, § 1, 3-11-97; Ord. No. 922, § 1, 2-24-98; Ord. No. 2025-1191, § 3, 11-25-25)

State Law reference— Maximum fine and imprisonment, Gov. Code, § 36901; ordinance violations declared misdemeanors, Gov. Code, § 36900.

Any person found guilty of a violation of any existing ordinance of the city and adjudged by the court to suffer imprisonment as a penalty therefor, shall be imprisoned in the county jail.

(Code 1961, § 1.9)

State Law reference— Place of imprisonment and expense thereof, Gov. Code, § 36903.

The common seal of the city shall be in the form of a circle and within the outer edge of the circle there shall be inscribed the following words and figures:

CITY OF BELMONT

INCORPORATED OCTOBER 29, 1926

CALIFORNIA

(Code 1961, § 1.10)

State Law reference— Clerk to be custodian of seal, Gov. Code, § 40811.

Within ten (10) days following the date of the decision by the planning commission, or other board or commission, the city council may initiate proceedings to review the decision on motion by any member of the city council.

Said review shall be governed by the following procedures:

(a) The request for review by a council member must be made by written notice. Said notice shall be served on the city clerk, secretary of the planning commission, or other board or commission which made the decision. The clerk or secretary shall notify the applicant or if the matter concerns real property, the owner of the real property in question.

(b) Upon service of said notice of request for review by the city council, all proceedings in furtherance of the action or decision of the affected board or commission shall be stayed.

(c) The council shall review the matter not later than thirty (30) days following service of the notice of review.

(d) Upon completion of its review, the council may affirm, reverse, or modify the decision of the commission.

(Ord. No. 837, § 1, 11-13-90)

(a) Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, the notice may be given either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to the person at the person's 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 the notice is directed. Notice by mail shall be deemed to have been completed at the time of deposit in the post office, mail box, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service.

(b) 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 eighteen (18) years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

(Ord. No. 1070, § 14, 4-23-13)

Nothing contained in this Code or in the ordinance adopting this Code shall be construed to repeal or otherwise affect the subdivision ordinance of the city, being Ordinance Number 530, adopted March 8, 1974, as from time to time amended, and said ordinance as amended is hereby continued in full force and effect.

(Ord. No. 978, § 1, 3-26-02; Ord. No. 2015-1083, § 4, 1-27-15)

Editor's note— Ord. No. 2015-1083, §§ 4, 5, adopted Jan. 27, 2015, renumbered former §§ 2-163 and 2-164 as §§ 1-13 and 1-14 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Nothing contained in this Code or in the ordinance adopting this Code shall be construed to repeal or otherwise affect the zoning ordinance of the city, being Ordinance Number 360, adopted March 27, 1967, as from time to time amended, and said ordinance as amended is hereby continued in full force and effect.

(Ord. No. 978, § 1, 3-26-02; Ord. No. 2015-1083, § 5, 1-27-15)

Note— See the editor's note to § 1-13.

(a) In lieu of posting or publishing the full text of an adopted ordinance under Government Code Section 36933(a), the city clerk may cause a summary prepared by the city attorney to be published in a newspaper of general circulation printed and published in San Mateo County and circulated in the city in compliance with Government Code Section 36933(c) as provided in this section.

(b) An ordinance summary must be published, and a certified copy of the full text of the ordinance must posted in the office of the city clerk, at least five days before the date of adoption. Within 15 days after adoption, the city clerk must cause the summary to be published again with the names of those city council members voting for and against the ordinance; and the city clerk must post in the office of the city clerk a certified copy of the full text of this adopted ordinance with the names of those city council members voting for and against the ordinance.

(Ord. No. 2022-1164, § 1, 4-26-22)

When citywide posting in a public place is required, the document shall be posted at City Hall, and may be posted at any of the following locations: the Senior Center, the Barrett Community Center, and the Belmont Public Library.

(Ord. No. 2022-1164, § 2, 4-26-22)

(a) Any contract made or purportedly made by any person is not an obligation of the city unless in writing and signed by a person authorized by state law, this Code or an ordinance, resolution, motion or contract adopted or approved by the city council. An oral contract does not bind the city and may not become an obligation of the city.

(b) For the purposes of this Section, the term "contract" means an agreement, contract, lease, promise, or other obligation to which the city is, or is alleged to be, a party and includes, but is not limited to, any contract for equipment, supplies, services, financing, or public works.

(Ord. No. 2022-1164, § 3, 4-26-22)

(a) Applications and approvals generally.

(1) Except as provided in subsection (b), and to the fullest extent allowed by law, an applicant for city approval must, as a condition of application and approval, defend, indemnify, and hold harmless the city and its officers, officials, employees and volunteers against and from any and all damage, liability, loss, claim, action or proceeding connected with or arising out of any claim, action or proceeding either to attack, set aside, void, annul, or challenge the validity of any approval or otherwise in connection with the approval, and to bear its own costs in any action or proceeding as a real party in interest. The city is not obligated to defend or to contribute to the cost of defense of any action or proceeding to attack, set aside, void, annul, or challenge the validity of any approval, or reimburse the applicant for any liability, cost or loss incurred by the applicant as a result of such action or proceeding or its disposition including but not limited to any settlement, cost, or attorneys fees paid by applicant or award against the applicant.

(2) Within 14 days of receiving notice of a claim, action or proceeding to attack, set aside, void, annul, or challenge the validity of approval or in connection with the approval, an applicant must notify the city in writing that it will defend the city and its bodies, officers, employees, and agents in the action or proceeding without qualification or reservation.

(3) If the applicant fails to timely provide the notice required by subsection (a)(2) or fails to timely undertake the unqualified and unreserved defense of the city and its bodies, officers, employees, and agents, the city may settle any such claim, action or proceeding on any terms it determines acceptable without incurring any liability to the applicant and without prejudicing any rights of recovery from the applicant under this section or any provision of law.

(4) For purposes of subsection (a), an "approval" means the grant of any license, permit, entitlement or other approval under this Code or any city ordinance, rule or regulation by any person, entity, or body on behalf of the city.

(5) The city will promptly notify the applicant or approval holder of any claim, action, or proceeding in connection with any approval or that is brought to attack, set aside, void or annul an approval.

(6) The city retains the right to participate in the defense of any claim, action or proceeding, including selection of defense counsel.

(b) Applications and approvals for tentative, parcel, and final maps.

(1) A subdivider must, as a condition of tentative, parcel, or final map application and approval, defend, indemnify, and hold harmless the city and or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, a city advisory agency, appeal board, or council concerning a subdivision. The city will promptly notify the subdivider of any claim, action, or proceeding and cooperate fully in the defense.

(2) An applicant for a tentative, parcel, or final map must agree in the application to defend, indemnify, and hold harmless the city and its agents, officers, and employees as provided in subsection (b)(1).

(3) The conditions of approval for a tentative, parcel, or final map subdivision must recite the subdivider's obligation in subsection (b)(1).

(4) The city may participate in the defense of any claim, action, or proceeding, and if it so chooses, will bears its own attorney's fees and costs and defend the action in good faith.

(5) The subdivider is not required to pay or perform any settlement unless the settlement is approved by the subdivider.

(6) Subsection (b) is to be interpreted and enforced in accordance with the limitations and requirements of Government Code Section 66474.9.

(c) Form of indemnity. The city manager, in consultation with the city attorney, may determine the precise form of the indemnification in an application form and included in conditions of approval.

(d) Enforcement. To the fullest extent allowed by law, an applicant must indemnify the city for all of the city's costs, losses, and attorney's fees incurred to enforce the indemnification in this section.

(e) Applicant. "Applicant" means the party on whose behalf an application is submitted and any subsequent legal or equitable holder of a city approval.

(f) Notice. Written notice of a claim, action or proceeding may be provided in accordance with Belmont City Code Section 1-12.

(g) Conditions of approval. The conditions of an approval are to include reference to the applicant's obligations under this section. Failure to include reference does not affect the applicant's obligations under this section.

(Ord. No. 2025-1188, § 2, 5-13-25)