Hemet Municipal Code Art. I In General

Footnotes:

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Editor's note— Ord. No. 1864, § 2, adopted July 9, 2013, amended ch. 1 by adding a new art. I, inclusive of §§ 1-1—1-11.

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Hemet, California," and may be so cited. It may also be cited as the "Hemet Municipal Code" or other words to the same effect.

(Code 1984, § 1000)

State Law reference— Municipal authority to adopt a codification of ordinances, Government Code §§ 50022.1—50022.8.

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 terms "the city" and "this city" shall be construed as if followed by the words "of Hemet."

Code. The terms "the Code" and "this Code" mean the Code of the City of Hemet, California.

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.

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

Council. The term "council" means the City Council of the City of Hemet.

County. The terms "the county" and "this county" mean the County of Riverside.

Day. The term "day" means the period of time between any midnight and the midnight following.

Daytime. The term "daytime" means the period of time between sunrise and sunset. The term "nighttime" means the period of time between sunset and sunrise.

Gender. The masculine gender includes the feminine and neuter.

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

In the city. The term "in the city" means 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 or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

License or permit, words authorizing issuance. Words prohibiting anything from being done, except in accordance with a license or permit, or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.

Month. The term "month" means a calendar month.

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

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

Oath. The term "oath" includes affirmation.

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

Officers and departments. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the City of Hemet, unless the context clearly indicates otherwise.

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

Owner. The term "owner," applied to a building or land, means 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.

Person. The term "person" means any person, firm, association, organization, partnership, business trust, corporation or company.

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

Personal property. The term "personal property" means every species of property except real property.

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

Process. The term "process" means a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The term "property" means real and personal property.

Real property. The term "real property" means lands, tenements and hereditaments.

Shall; may. The term "shall" is mandatory, and the term "may" is permissive.

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

Signature and subscription. The terms "signature" and "subscription" mean a mark when the signer or subscriber cannot write, with 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 witnesses so sign their own names thereto.

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

State. The terms "the state" and "this state" mean the State of California.

Street. The term "street" means all public ways, alleys, lanes, courts and sidewalks, and those parts of public squares and places which form travelled parts of highways.

Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, mean 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.

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

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

Week. A week consists of seven consecutive days.

Writing. The term "writing" means 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.

Year. The term "year" means a calendar year, except where otherwise provided.

(Code 1984, § 1001)

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 1984, § 1002)

The repeal of an ordinance shall not revive any ordinances 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, or any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Code 1984, § 1003)

It is 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 a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1984, § 1004)

Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or daylight saving time as may be in current use in the city.

(Code 1984, § 1005)

(a) 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 as such shall not be deemed or taken to be titles of such sections, or 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.

(b) The history notes appearing in parentheses after each section, and the references and notes scattered throughout the Code, are for the benefit of the user of the Code and shall have no legal effect.

(Code 1984, § 1006)

State Law reference— Effect of headings, Government Code § 6.

(a) Purpose and intent. The title of this section is "Violations of Code." The provisions of this section represent the general means and methods by which the city may secure compliance with the provisions of this Code and city approvals, permits or licenses. The city may use any available legal remedy to secure compliance and multiple enforcement remedies may be used to achieve compliance with respect to persons who commit continuing violations.

(b) Code violations.

(1) It is unlawful for any person to violate any provision or to fail to comply with any requirement of this Code.

(2) Whenever in this Code any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, maintaining, suffering or concealing the fact of such act or omission.

(3) Any person violating any of the provisions of this Code is guilty of a misdemeanor, unless the offense is specifically classified in this Code or by state law as an infraction, or the city attorney reduces the charge to an infraction.

(4) Each day that any condition caused or permitted to exist in violation of this Code continues will constitute a new and separate violation.

(5) The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

(c) Land use permit or approval violations.

(1) Each person or the successor of each person who holds a land use permit or approval issued by the city shall comply with each provision of the permit or license and with each term that is imposed as a condition to the exercise of the permit, license, or exception.

(2) Each person who violates paragraph (1) of this subsection is guilty of a misdemeanor and may be punished as provided in subsection (f). The penalty provided in this section is in addition to other provisions of this Code that provide for revocation of the land use permit or approval or authorize the imposition of a civil fine or penalty.

(d) Authority to issue criminal citations. Pursuant to California Penal Code § 836.5, city code enforcement officers are authorized to issue criminal citations following the procedures set forth in California Penal Code §§ 853.5 through 853.6a, or such other procedures as the State of California may subsequently enact.

(e) Criminal prosecution. Pursuant to California Government Code § 36900, the city attorney may prosecute any violation of this Code in the name of the people of the State of California. In any such criminal prosecution, the city attorney is authorized to reduce the charge for any misdemeanor violation to an infraction.

(f) Misdemeanor penalties. Any person convicted of a misdemeanor for the violation of this Code may be punished by a fine of not more than $1,000.00 or by imprisonment not to exceed six months, or by the imposition of both such fine and imprisonment.

(g) Infraction penalties.

(1) Except as provided in subsection b., below, any person convicted of an infraction for the violation of this Code may be punished by:

a. A fine not exceeding $100.00 for a first violation.

b. A fine not exceeding $200.00 for a second violation of the same Code section within one year.

c. A fine not exceeding $500.00 for each additional violation of the same Code section within one year.

(2) Any person convicted of an infraction for a violation of any city building and safety code may be punished by:

a. A fine not exceeding $100.00 for a first violation.

b. A fine not exceeding $500.00 for a second violation of the same Code section within one year.

c. A fine not exceeding $1,000.00 for each additional violation of the same Code section within one year.

(h) Public nuisances. In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of this Code is deemed a public nuisance and may be abated as such by the city in any manner provided by law or in this Code for the abatement of a nuisance.

(i) Administrative citations. Upon a finding by a city official vested with the authority to enforce the provisions of this Code that a violation exists, such official may issue an administrative citation under article 2 of chapter 1 of this Code.

(j) Civil actions. The city attorney, at the direction of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition found to be in violation of this Code or any approval, order, rule or regulation issued by any duly authorized officer or agent of the city in the manner provided by law. The prevailing party in any such civil action will be entitled to recovery of attorneys' fees and costs incurred in such action.

(k) Violation of administrative provisions by officers or employees. The violation of or the failure to perform in accordance with any administrative provision of this Code by any officers or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the civil service ordinances and rules and regulations of the city, if applicable.

(Code 1984, § 1200; Ord. No. 1686, § 1, 7-8-03; Ord. No 1791, § 1(Exh. A), 2-12-08; Ord. No. 1864, § 3, 7-9-13)

State Law reference— Penalties for violation of municipal ordinances, Government Code §§ 36900, 36901.

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive, permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement, and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement.

(b) In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _______ through _______," inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in the Code. In the case of chapters, sections and subsections, or any part thereof, which are repealed by subsequent ordinances, such repealed portions may be excluded from the Code by omission thereof from reprinted pages affected thereby, and the subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances, numbered or omitted, are readopted as a new Code by the city council.

(b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of the Code in substantially the following language: "That section _______ of the Code of the City of Hemet, California, is hereby amended to read as follows: (Set out new provisions in full)."

(c) If a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of the City of Hemet, California, is hereby amended by adding a section (or article, chapter or other designation, as the case may be), to be numbered _______, which reads as follows: (Set out new provisions in full)."

(d) All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter number or other number, as the case may be.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following, when not inconsistent with this Code:

(1) Any ordinance promising or guaranteeing the payment of money by the city, authorizing the issuance of any bonds of the city, providing any evidence of the city's indebtedness, or establishing any contract, agreement, lease, deed or other instrument or obligation assumed by the city or creating interest and sinking funds.

(2) Any right or franchise, permit or other right granted by any ordinance.

(3) Any personnel regulations, or any ordinance establishing salaries of city officers and employees or civil service rules.

(4) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the city.

(5) Any ordinance establishing and prescribing the street grades in the city.

(6) Any appropriation ordinance or any ordinance levying or imposing taxes.

(7) Any ordinance providing for local improvements and assessing taxes therefor.

(8) Any ordinance dedicating or accepting any plat or subdivision in the city.

(9) Any ordinance establishing the official plat of the city.

(10) Any zoning map amendment or land use, rezoning or zoning ordinance.

(11) Any ordinance annexing territory or excluding territory from the city.

(12) Any ordinance prescribing traffic regulations for specific locations, through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with this Code.

(13) Any subdivision ordinance.

(14) Any ordinance creating special districts or assessing taxes therefor.

(15) Any ordinance granting specific tax exemptions.

(16) Any temporary or special ordinance.

(17) Any administrative ordinance.

(18) Any development agreement ordinance.

All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out fully in this Code. Such ordinances are on file in the city clerk's office.