CURRENT OFFICIALS

____________

Jason Jackson

Mayor

____________

Alex Cardenas

Mayor Pro Tem

____________

Cheryl Viegas-Walker

Efrain Silva

Edgard Garcia

Council Members

____________

Ruben Duran

City Manager

____________

Dennis H. Morita

City Attorney

____________

L. Diane Caldwell

City Clerk

PREFACE

This Code is a codification of the ordinances of the City of El Centro of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table also appearing in the back of the volume, any ordinance included herein can be readily found in 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 representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the sixteenth section of Chapter 7 is 7-16. Under this system each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply 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 desired to be added, such new sections would be numbered 4-16.1, 4-16.2, 4-16.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13 it will be designated as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the 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.

Index

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

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which 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 Code 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 6 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then 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, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under the direct supervision of George R. Langford, President, and James S. Vaught, Editor of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Mr. Steven Zimmer, City Attorney; and Ms. Celia Sweeden, City Clerk; for their cooperation and assistance in the preparation of this Code.

March, 1980.

ORDINANCE NO. 80-5

An Ordinance Adopting and Enacting a Code of the City of El Centro, 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 El Centro Does Ordain as Follows:

Section 1. Subject to those exceptions set forth below, that pursuant to the California Government Code Section 50022.1, the Code of the City of El Centro, California consisting of Chapters 1 to 29, each inclusive, is hereby adopted and enacted as the "Code of the City of El Centro, California" 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 January 17, 1979, 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 1st day of June, 1980, and all ordinances of a general and permanent nature of the City of El Centro, enacted on final passage on or before January 17, 1979, 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, 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) Any ordinance rezoning specific property;

(10) The subdivision ordinance 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) Ordinances of the City prescribing traffic regulations for specific streets or portions thereof or other locations, 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) Any ordinance enacted after January 17, 1979.

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, for the following secondary codes:

(1) The Uniform Building Code, 1976 Edition adopted by the International Conference of Building Officials;

(2) The Uniform Mechanical Code, 1976 Edition, and the appendix printed therein, adopted by the International Conference of Building Officials;

(3) The Uniform Housing Code, 1976 Edition, adopted by the International Conference of Building Officials;

(4) The National Electrical Code, 1975 Edition, and the appendix printed therein, adopted by the National Fire Protection Association;

(5) The Uniform Plumbing Code, 1976 Edition, and the appendix printed therein, adopted by the International Association of Plumbing and Mechanical Officials;

(6) The Uniform Solar Energy Code, 1976 Edition, adopted by the International Association of Plumbing and Mechanical Officials;

(7) The Uniform Fire Code, 1976 Edition, adopted by the International Conference of Building Officials;

(8) The Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition, adopted by the International Conference of Building Officials.

Section 5

(a) Whenever in the Code adopted by this ordinance or in any ordinance of the City an act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor the violation of any such provision or the failure to perform any such act shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment at the discretion of the court. Violation of any provision of this Code or City ordinance shall be a misdemeanor unless by such provision it is made an infraction. Such a violation may be prosecuted in the name of the people of the state, or redressed by civil action. Every violation determined to be an infraction is punishable by:

(1) A fine not exceeding fifty dollars ($50.00) for a first violation;

(2) A fine not exceeding one hundred dollars ($100.00) for a second violation of the same provision within one year;

(3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same provision within one year.

Each day any such violation of failure to perform such act shall continue shall constitute a separate offense, unless otherwise specifically provided.

(b) In addition to the foregoing, any violation of the provisions of this Code including those codes referenced in Section 4 hereof is hereby declared to be a public nuisance which may be abated by the City of El Centro utilizing any and all legal or equitable remedies provided by law for the abatement of nuisances.

Section 6. 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 Code of the City of El Centro, California shall be understood and intended to include such additions and amendments.

Section 7. Not less than three (3) copies of such Code shall be kept on file in the office 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 Code and any copy of such Code certified by the City Clerk shall be the official Code, at the date of such certification.

Section 8. In the case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 5 of this Ordinance and Section 1-12 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 9. 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 El Centro to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 5 of this Ordinance and Section 1-12 of such Code.

Section 10

(a) With the exception of those provisions set forth in subparagraph (b) hereof, 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.

(b) DIVISION 6. CITY ATTORNEY shall read as follows:

"Section 2-110. Office created.

The office of the city attorney of the City of El Centro is hereby created.

Section 2-111. Qualifications.

The city attorney shall be an attorney-at-law, licensed to practice law in the state.

Section 2-112. Appointment; tenure.

The council shall appoint a city attorney, who shall hold office during the pleasure of the council.

State law reference—Authority for council to appoint city attorney, term of office, Gov. Code, Sections 36505, 36506.

Section 2-113. Reserved.

Section 2-114. Compensation.

The city attorney shall receive such compensation as the council shall determine.

State law reference—Compensation, Gov. Code, Sections 35506, 41804.

Section 2-115. Duties generally.

The city attorney shall have the following prescribed duties:

(1) Advise the city officials in all legal matters pertaining to city business.

(2) Frame all ordinances and resolutions required by the council.

(3) Perform other legal services required from time to time by the council.

State law reference—Similar provisions, Gov. Code, Sections 41801—41803.

Section 2-116. To manage, control office.

The city attorney shall have the management and control over his office.

Secs. 2-117, 2-118. Reserved."

Section 11. This Ordinance shall be published once in a newspaper published and circulated within the City of El Centro.

Section 12. This Ordinance shall become effective on the 19th day of April, 1980.

INTRODUCED this 5th day of March, 1980.

PASSED AND ADOPTED as an ordinance of the City of El Centro at a regular meeting thereof held on the 19th day of March, 1980, by the following vote:

AYES,

COUNCILMEN: DeZarn, Alarcon, Escalera, Perry

NOES,

COUNCILMEN: None

ABSENT, COUNCILMAN: Gares

ATTEST:

CELIA SWEEDEN CITY CLERK, CITY OF EL CENTRO

(SEAL)

I, Celia Sweeden, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Ordinance No. 80-5 was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro held on the 19th day of March, 1980, by the following vote:

AYES: DeZarn, Alarcon, Escalera, Perry

NOES: None

ABSENT: Gares

(SEAL)