La Mesa Municipal Code Ch. 1.01 Code Adoption

There is hereby adopted by the city of La Mesa that certain document entitled "La Mesa Municipal Code," three copies of which are now on file in the office of the city clerk. The La Mesa Municipal Code, along with the secondary codes adopted therein by reference, is adopted by reference under the provisions of Sections 50022.1 through 50022.10 of the government code of the state of California, as though fully set forth herein.

(Ord. 1566 § 1; October 11, 1966)

This code shall be known as the La Mesa Municipal Code. In any prosecution for the violation of any provision of this code, it shall be sufficient to refer to the code as the municipal code. Any ordinance adding to, amending or repealing any provision of this code may be designated as an addition or amendment to, or repeal of, the municipal code.

(Ord. 938, as amended by Ord. 1566 § 1; October 11, 1966)

Unless a different meaning is apparent from the context or is specified elsewhere in this code, the following words are used as defined in this chapter:

(1) "City" means the city of La Mesa, California.

(2) "Council" means the city council of this city.

(3) "County" means the county of San Diego, state of California.

(4) "Oath" includes affirmation.

(5) "Person" includes every natural person, individual, firm, corporation, copartnership, association, club, society or any other organization.

(6) "Title," "chapter" and "section" mean, respectively, title, chapter and section of this code.

(7) "Shall" is mandatory; the word "may" is permissive.

(8) "Written" includes all forms of legible recording.

(Ord. 938; July 17, 1958)

The adoption of this code and the repeal of ordinances by this code shall not affect the following matters:

(1) Actions and proceedings which began before the effective date of this code;

(2) Prosecution for ordinance violations committed before the effective date of this code;

(3) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties;

(4) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance;

(5) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code;

(6) Where they are substantially the same as existing law, the provisions of this code shall be considered continuations of existing law and shall not be considered new enactments.

(Ord. 1566 §§ 2, 3; October 11, 1966: prior Ord. 938; July 17, 1958)

(a) Generally. The provisions of this code and all proceedings under it are to be construed to effect its objects and to promote justice.

(b) Headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit or modify, or in any manner affect the scope, meaning, or intent of any provision of this code.

(c) Territorial limitation. This code shall refer only to the omission or commission of acts within the territorial limits of this city and to that territory outside of this city over which the city has jurisdiction or control by virtue of the constitution, or any law, or by reason of ownership or control of property.

(d) Local signification. References in this code to streets, blocks, property descriptions, landmarks, natural features, places, locations, buildings, structures or other things, indicate such streets, blocks, property descriptions, landmarks, natural features, places, locations, buildings, structures or other things within or bordering on this city, unless otherwise expressed or apparent from the context.

(e) Titles. The use of the title of any officer, employee, office, board, commission or ordinance shall mean such officer, employee, office, board, commission or ordinance of this city, unless otherwise designated.

(f) Civil code provisions adopted. The provisions of the Civil Code of California, Sections 13 and 1645, are adopted in the interpretation of words and phrases, unless otherwise provided herein.

(g) Words and phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language.

(h) Number, gender and tense. Words used in the singular include the plural, and the plural the singular; the masculine gender includes the feminine and neuter; and the present tense includes the past and future tenses; and the future, the present.

(i) Severability. If for any reason any section, subsection, sentence, clause, or phrase of this code shall be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have adopted this code and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. If any provision of this code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.

(Ord. 938, as amended by Ord. 1566 §§ 7, 8; October 11, 1966)

Every ordinance which is neither excluded from this code nor specifically continued in force by this code is hereby repealed. This section shall not be construed to revise any ordinance which was repealed before the adoption of this code.

(Ord. 1566 § 4; October 11, 1966)

The repeal provided for in Section 1.01.060 shall not apply to or affect any of the following types of ordinances:

General tax levy ordinances; ordinances levying special tax assessments; appropriation ordinances; ordinances re boundaries and annexations; franchises and other ordinances granting special rights to persons or corporations; ordinances authorizing execution of contracts or the issuance of warrants; salary ordinances; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances to transfer or acceptance of real estate; or any interest therein, by or from the city; ordinances relating to the purchase and condemnation or appropriation of property for public use; zoning ordinances; subdivision ordinances; ordinances opening, establishing, naming, widening, vacating or narrowing streets, highways, or boulevards; ordinances establishing or changing grades of streets, highways or boulevards; ordinances creating districts for public improvements of whatsoever kind and nature; ordinances establishing or changing public transportation routes; and all special ordinances; provided, that the above enumeration of excepted ordinances shall not be held or deemed to be exclusive, it being the purpose and intention of this section to exclude from repeal any and all ordinances of a special nature.

(Ord. 1566 § 5; October 11, 1966)

(a) General penalty provisions.

(1) General penalty. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute an infraction; except for any violation of the zoning, building, mechanical, housing, plumbing, fire, or emergency code (including but not limited to Title 24) which shall be misdemeanors, or in cases where a different punishment is prescribed by any ordinance of the city of La Mesa.

Further, notwithstanding any of the provisions of this code, any violation of this code constituting a misdemeanor or any infraction of this code may, at the discretion of the attorney having prosecutorial functions, be charged and prosecuted as a misdemeanor or an infraction.

(2) Arrest procedure for violations. If any person is arrested for violation of this code or the ordinances of this city, and such person does not demand to be taken before a magistrate, the arresting officer or other authorized arresting official may issue a citation in the manner prescribed in Chapter 5(c) (commencing with Section 853.5) of Title 3, Part 2 of the Penal Code of this state, or as prescribed in Division 17, Chapter 1, Article 1, Section 40000.1 of the Vehicle Code, or as prescribed in the Welfare and Institutions Code, beginning with Div. 2, Chapter 2, Article 14 and Article 15, Section 601 through 641, whichever is appropriate.

(3) Penalty for violations. Any person convicted of a misdemeanor under the provisions of the code, unless provision is otherwise made herein, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail of San Diego County for a period of not more than six months, or by both such fine and imprisonment. Any person convicted of an infraction under the ordinances of this city shall be punished by a fine not exceeding two hundred fifty dollars. Such violations may also be redressed by civil action.

(4) Continuing violations. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person; and he shall be punished accordingly.

(5) Participating in violations. Whenever this code makes any act or omission unlawful it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of, such act or omission.

(6) Nuisances. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, abated as such.

(b) Civil penalties?Procedures.

(1) Any person or organization violating any land use ordinance as defined in Chapter 10.170, or rules and regulations adopted thereunder, or the conditions of any permit issued pursuant to such ordinance, rule or regulation, or by any act of commission or omission procures, aids or abets such violation, shall be subject to civil penalties as provided in this chapter.

(2) Civil penalties may be directly assessed by means of a notice and order issued pursuant to Chapter 10.170, or may be recovered by legal action.

(3) Civil penalties assessed by means of a notice and order shall be collected in accordance with the lien, personal obligation and other procedures specified in this code. Civil penalties assessed in a legal action shall be collected in the same manner as judgments in civil actions.

(4) Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. Civil penalties for failure to obtain any required permit shall begin to accrue on the first day activity subject to the permit requirement is commenced, and shall cease to accrue on the day the permit is obtained. Civil penalties for violation of any order to cease violation or notice and order to correct shall begin to accrue on the first day the said order or notice is posted, and shall cease on the day the violation is actually stopped.

(5) a.

A civil penalty for a violation of any land use ordinance, rule or regulation by a person engaged in a noncommercial venture shall be assessed at the rate of fifty dollars per day per violation.

b. A civil penalty for a violation of any land use ordinance, rule or regulation by a person engaged in a commercial venture shall be assessed at the rate of one hundred dollars per day per violation.

(6) Penalties for the second separate violation of a like nature by the same person shall be double the rates identified in subsection (b)(5) of this section. Penalties for any separate violation of a like nature beyond a second violation by the same person shall be triple the rates identified in subsection (b)(5) of this section.

(Ord. 938, as amended by Ord. 1566 §§ 9?13; October 11, 1966 and Ord. 1654 § 1; May 28, 1968: Ord. 2638 § 1; November 23, 1993: Ord. 2650 § 4; July 26, 1994)

This chapter and the La Mesa Municipal Code adopted by reference herein shall take effect and be in force on and after thirty days from the publication of this ordinance.

(Ord. 1566 § 14; October 11, 1966)

Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made herein, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed.

Service by mail shall be deemed to have been completed at the time of deposit in the post office.

Proof of giving any notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eighteen years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

(Ord. 938; July 17, 1958)

Not less than three copies of this code, duly certified by the city clerk, shall be kept on file in the office of the city clerk for examination and use by the public. Amendments to this code shall be noted, by ordinance number, on the appropriate pages of all three copies of the code, and three complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the city clerk for use and examination by the public.

Distribution or sale of additional copies of this code shall be made as directed by the city council.

(Ord. 1566 § 6; October 11, 1966)

It is the intent of the city council of the city of La Mesa that any ordinance establishing performance standards or establishing an obligation to act upon a city officer or employee, shall not be construed as creating a mandatory duty for purposes of tort liability, if the officer or employee fails to perform said act.

(Ord. 2383 § 1; June 25, 1985)

* This ordinance is declarative of past and existing council policy and intent. Section 1.01.120 shall apply to all provisions of the La Mesa Municipal Code regardless of when such provisions were adopted.

Notwithstanding any of the provisions of this code, any violation of any of the provisions or failing to comply with any of the mandatory requirements of Sections 6.20.030, 7.20.055, 7.20.130, 8.04.100, 8.04.200, 8.04.300, 9.08.060, 10.52.040 shall constitute misdemeanors and shall be subject to the provisions of the general penalty clause set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2638 § 6; November 23, 1993)