MUNICIPAL CODE CITY OF LAGUNA NIGUEL, CALIFORNIA

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Published by Order of the City Council

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Adopted November 2, 1993

Effective December 2, 1993

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PREFACE

This Code constitutes a complete codification of the general and permanent ordinances of the City of Laguna Niguel, California.

Source materials used in the preparation of the Code were the ordinances adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. By use of the ordinance disposition table appearing in the back of this Code, the reader can locate any ordinance included herein.

The Code is organized in a hierarchic arrangement consisting of titles, divisions and articles. The various sections within each title have been catchlined to facilitate usage. Notes which tie related sections of the Code together have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Numbering System

Each section number consists of three parts. The first figure refers to the title number, the second figure refers to the division number, and the last figure refers to the position of the section within the division. Thus, the second section of Title 1, Division 1, is numbered 1-1-2, and the first section of Title 4, Division 3, is numbered 4-3-1. Under this system, each section is identified with its title and division, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 3-1-1 and 3-1-2 is desired to be added, such new section would be numbered 3-1-1.5. New divisions and articles may also be included using the decimal system, or new divisions or articles may be placed at the end of the title or division embracing the subject, with the next successive number being assigned to the new division or article.

Ordinance No. 90-11, adopted March 6, 1990, adopted portions of the Orange County Code as part of the City Code. It should be noted that the order and numbering of the adopted sections has been carried over from the County Code in accordance with Ordinance No. 90-11, and the numbering of such sections herein parallels the numbering of the adopted County provisions.

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government 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 the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. 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 publisher 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

This publication was under the direct supervision of Linda Davis, Senior Editor, and Connie Timmons, 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 publisher is most grateful to Terry E. Dixon, City Attorney; Juanita L. Zarilla, City Clerk; and Kari L. Sauder, Deputy City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

ADOPTING ORDINANCE

ORDINANCE NO. 93-68

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF LAGUNA NIGUEL; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE ADOPTION OF THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, THE UNIFORM HOUSING CODE, THE NATIONAL ELECTRICAL CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM SWIMMING POOL CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM SOLAR ENERGY CODE, THE UNIFORM FIRE CODE, THE UNIFORM FIRE CODE STANDARDS, AND THE NATIONAL FIRE PROTECTION ASSOCIATION CODES 72A AND 72C; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

The City Council of the City of Laguna Niguel does ordain as follows:

SECTION 1. The Code entitled "Laguna Niguel Municipal Code" which was published by Municipal Code Corporation and which consists of Titles 1 through 13, each inclusive, is adopted except that in adopting the Code the following changes are made to the Code as it was printed, published and distributed to the City of Laguna Niguel in September 1993.

(1) Section 8-1-12 (Adoption of Uniform Building Code and Uniform Building Standards) is changed by substituting for the reference to the 1985 edition of the Uniform Building Code a reference to the 1991 edition of the Uniform Building Code.

(2) Section 8-1-12 (Adoption of Uniform Building Code and Uniform Building Standards) is changed by substituting for the reference to the 1985 edition of the Uniform Building Code Standards a reference to the 1991 edition of the Uniform Building Code Standards.

(3) Section 8-2-1 (Adoption of National Electrical Code and Stated Electrical Safety Orders) is changed by substituting for the reference to the 1987 edition of the National Electrical Code a reference to the 1990 edition of the National Electrical Code.

(4) Section 8-3-1 (Adoption of Uniform Plumbing Code) is changed by substituting for the reference to the 1988 edition of the Uniform Plumbing Code a reference to the 1991 edition of the Uniform Plumbing Code.

(5) Section 8-5-1 (Adoption of Uniform Mechanical Code) is changed by substituting for the reference to the 1988 edition of the Uniform Mechanical Code a reference to the 1991 edition of the Uniform Mechanical Code.

SECTION 2. All ordinances of a general and permanent nature enacted on or before June 1, 1993, and not included in the Code or recognized and continued in force by reference therein, are repealed.

SECTION 3. 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 that is repealed by this ordinance.

SECTION 4. Pursuant to Government Code § 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, of the following secondary codes:

(1) The Uniform Building Code, 1991 edition, published by the International Conference of Building Officials, including the appendix thereto, except chapter 51 in the text and chapters 12, 51, 53 and 70 in the appendix;

(2) The Uniform Building Code Standards, 1991 edition, published by the International Conference of Building Officials;

(3) The Uniform Housing Code, 1988 edition, published by the International Conference of Building Officials, except chapters 11, 12, 13, 14, 15 and 16;

(4) The National Electrical Code, 1990 edition, published by the National Fire Protection Association, including the appendix thereto and the amendments adopted by the State;

(5) The Uniform Plumbing Code, 1991 edition, published by the International Association of Plumbing and Mechanical Officials, including appendices A, B, C, D, H and I only, except part 1, Administration;

(6) The Uniform Swimming Pool Code, 1976 edition, published by the International Association of Plumbing and Mechanical Officials, except part 1, Administration;

(7) The Uniform Mechanical Code, 1991 edition, published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, including appendix C only;

(8) The Uniform Solar Energy Code, 1976 edition, published by the International Association of Plumbing and Mechanical Officials, except part 1, Administration;

(9) The Uniform Fire Code, 1991 edition, published by the International Conference of Building Officials and Western Fire Chiefs' Association, including appendices I-A through V-A and VI-E thereof, excluding appendices II-E, II-F, and IV-A;

(10) The Uniform Fire Code Standards, 1991 edition, published by the International Conference of Building Officials and Western Fire Chiefs' Association;

(11) The National Fire Protection Association Codes 72A and 72C.

SECTION 5. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be subject to the following:

(1) Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment.

(2) Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.

Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalties prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

SECTION 6. Additions or amendments to the Code when passed in the form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

SECTION 7. Ordinances adopted after June 1, 1993, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

SECTION 8. This Ordinance shall become effective thirty (30) days after its adoption.

SECTION 9. Severability.

If any subsection, subdivision, sentence, clause, phrase, or portion of this section, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section, and each subsection, subdivision, sentence, clause, phrases, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional.

SECTION 10. City Clerk's Certification.

The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 2nd day of November, 1993.

ATTEST:

CERTIFICATION

I, Juanita Zarilla, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 93-68, which was adopted at a regular meeting of the City Council of the City of Laguna Niguel, California, held on November 2, 1993, by the following vote:

AYES: Councilmember Godfrey, Goodman, Krembas, Mayor Pro Tem Bates and Mayor Wilson

NOES: None

ABSTENTIONS: None

ABSENT: None ;