Jurupa Valley Municipal Code Ch. 1.05 Code Adopted

The City Council finds that it is desirable and in the public interest to establish a Municipal Code in order to provide a system of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends on adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code, this will provide the user with a convenient and logical compilation of the ordinances of the city.

(Ord. No. 2011-02, exh. A(1.05.010), 7-1-2011)

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

This Code shall be known as the "Jurupa Valley Municipal Code." It shall be sufficient to refer to this Code as the Jurupa Valley Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this Code as an addition or amendment to, or a repeal of the Jurupa Valley Municipal Code, or any portion thereof.

(Ord. No. 2011-02, exh. A(1.05.020), 7-1-2011)

Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance of the following subject matters that is not in this Code. Such ordinances continue in full force and effect to the same extent as if published at length in this Code.

(1) Annexing property into the city.

(2) Deannexing property or excluding property from the city.

(3) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.

(4) Authorizing or approving any contract, deed, or agreement.

(5) Making or approving any appropriation or budget.

(6) Granting any right or franchise.

(7) Providing for salaries or other employee benefits.

(8) Dedicating, establishing, naming, locating, relocating, opening, abandoning or vacating any public way.

(9) Levying or imposing any special assessment.

(10) Providing traffic or parking regulations for specific locations.

(11) Levying real property taxes.

(12) Interim zoning measures or amending the zoning map or zoning atlas or rezoning specific property.

(13) Dedicating, accepting or vacating any plat or subdivision.

(14) That is temporary, although general in effect.

(15) That is special, although permanent in effect.

(16) The purpose of which has been accomplished.

Whenever any provision of this Code is amended by ordinance, whether by express amendment or by repeal and re-enactment, or by renumbering of a provision, insofar as said amendment is substantially the same as any Code provision previously adopted relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

A. At least three (3) copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the city as prescribed by the City Manager.

B. Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

C. Supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A notation of the ordinance number and the date shall be included in the history note added as the end of each amended section. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of the supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

D. In preparing a supplement to this Code, all portions of the Code that have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

E. When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may:

(1) Arrange the material into appropriate organizational units.

(2) Supply appropriate catchlines, headings and titles for chapters, articles, divisions, subdivisions and sections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the Code.

(3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be added to the Code.

(4) Where necessary to accommodate new material, change existing numbers assigned to titles, chapters, articles, divisions or sections.

(5) Change the words "this ordinance" or similar words to "this Code," "this title," "this chapter," "this article," "this section" or "sections _____ to _____" (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code).

(6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code.

(Ord. No. 2011-02, exh. A(1.05.050), 7-1-2011)

A. The provisions of this Code and all proceedings under it are to be construed to affect its purposes and to promote justice.

B. All the provisions of this Code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the city, or to the person or agency performing the function for the city.

(Ord. No. 2011-02, exh. A(1.05.060), 7-1-2011)

Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under such ordinances on such effective date, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect.

(Ord. No. 2011-02, exh. A(1.05.070), 7-1-2011)

If any chapter, section, sentence, clause, or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 2011-02, exh. A(1.05.080), 7-1-2011)

This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Jurupa Valley and that territory outside of the city over which the city has jurisdiction or control by virtue of the California Constitution, or any law, or by reason of ownership or control of property.

(Ord. No. 2011-02, exh. A(1.05.090), 7-1-2011)

All references in this Code to places, acts, persons, or things and all else in relation to this Code shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not.

(Ord. No. 2011-02, exh. A(1.05.100), 7-1-2011)

Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this chapter shall govern the construction of this Code.

(Ord. No. 2011-02, exh. A(1.05.110), 7-1-2011)

A. The title, chapter, article, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, article, or section of this Code.

B. Editor's notes, cross references and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.

(Ord. No. 2011-02, exh. A(1.05.120), 7-1-2011)

The term "section" shall mean a section of this Code, unless some other source is specifically set forth. The term "subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth.

(Ord. No. 2011-02, exh. A(1.05.130), 7-1-2011)

Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.

(Ord. No. 2011-02, exh. A(1.05.140), 7-1-2011)

A. Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the city, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code or to any ordinances of this city, the reference shall apply to all amendments and additions to this Code.

B. Whenever reference is made to any portion of this Code or of any other law of this state, the reference applies to all amendments and additions now or hereafter made, excluding references to county ordinances.

(Ord. No. 2011-02, exh. A(1.05.160), 7-1-2011)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

(Ord. No. 2011-02, exh. A(1.05.170), 7-1-2011)

As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code:

Board of Supervisors means the Board of Supervisor of Riverside County.

Calendar year means from January 1 through December 31 of any given year.

Chief Building Official, Building Official and Director of Building and Safety, means the Building Official of the Building and Safety Division of Jurupa Valley or his or her designee.

City means the City of Jurupa Valley.

City Manager shall mean the appointed official of the city who occupies the position of chief administrative officer of the city.

Computation of time shall be construed as follows:

(1) The time in which any act provided by the Code 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.

(2) For purposes of this subsection, the term "holiday" means all day on Saturdays, all holidays specified in Code of Civil Procedure Section 135 and, to the extent provided in subsection (3) of this section, all days that by terms of subsection (3) of this section are required to be considered as holidays.

(3) If any city office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under this section.

(4) Where this Code requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing.

(5) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subsection (4) of this section.

Council means the City Council of the City of Jurupa Valley.

Council Member means a person duly elected to the Council.

County means the County of Riverside.

Day means calendar day unless specified otherwise.

Director of Transportation means the Director of Transportation for Riverside County.

Fiscal year means from July 1 of any given year through June 30 of the following year.

Gender. The masculine gender shall include the feminine and neuter genders.

Holiday means a holiday as designated by the City Council.

Month means a calendar month, unless otherwise specially expressed.

Number. The singular number shall include the plural, and the plural number shall include the singular, unless the context clearly indicates otherwise.

Oath includes affirmation.

Official time standard. Wherever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the city.

Operate means and includes carrying on, keeping, conducting, or maintaining.

Owner, applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

Person includes any person, firm, company, corporation, partnership, limited liability company, association, public corporation, city (except the City of Jurupa Valley), the County of Riverside, any district in the County of Riverside, the State of California, or the United States of America, or any department, agency, or political subdivision of the above, unless this Code expressly provides otherwise.

Personal property includes money, goods, chattels, things in action, and evidences of debts.

Police Chief, Chief of Police, or Chief of Police Services, means the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the city. The terms "Chief of Police" and "Police Chief" also mean the County Sheriff or a deputy thereof.

Police Department means the Riverside County Police Department or such other police agency under contract to provide police services to the city or a police department established by the city.

Property includes real and personal property.

Quarterly, where used to designate a period of time, means the first three (3) calendar months of any given year or succeeding period of three (3) calendar months.

Real property includes land, tenements, and hereditaments.

References to California Codes. References to provisions of the California Codes are to such provisions as now or hereafter amended.

Sale includes any sale, exchange, barter, or offer for sale.

Shall shall be mandatory.

State means the State of California.

Street includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the city which have been, or may hereafter be, dedicated and open to public use, or such other public property so designated in any state law.

Tenant or occupant, applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

Tense. The present tense includes the past and future tense, and the future tense includes the present tense.

Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means and as defined by state law. Except as otherwise provided by state or federal law or this Code, whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language.

Words and phrases not defined in this Code shall be construed according to the approved usage of the language or, when appropriate, by reference to definitions contained in state or federal law.

(Ord. No. 2011-02, exh. A(1.05.180), 7-1-2011)

The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer 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.

(Ord. No. 2011-02, exh. A(1.05.190), 7-1-2011)

Whenever a notice is required to be given or may be given, under any provision of this Code or any provision of any code adopted by reference by this Code, or by any provision of any city ordinance or resolution, such notice shall be deemed given when given as provided here. Unless different or special provisions are specifically made applicable in this Code, state law, or in some other applicable enactment, notice shall be given by personal delivery thereof to the person to be notified, by fax delivery with a copy of the fax return, or by deposit in a sealed envelope the United States mail, postage prepaid, addressed to such person at that person's last known home or business address as such address appears in the public records of the city.

(Ord. No. 2011-02, exh. A(1.05.200), 7-1-2011)

Proof of giving any notice may be made by the certificate of any officer or employee of the city or the declaration under penalty of perjury of any person over 18 years old, which confirms service in the manner provided in this Code or other applicable provisions of law.

(Ord. No. 2011-02, exh. A(1.05.210), 7-1-2011)

A. Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.

B. The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any city ordinance on the effective date of this Code.