ORDINANCE NO. NS-112 — Monte Sereno Municipal Code

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO ADOPTING THE MONTE SERENO MUNICIPAL CODE, 1999 EDITION, ALONG WITH THE FOLLOWING SECONDARY CODES THEREIN ADOPTED BY REFERENCE, TO WIT: "UNIFORM BUILDING CODE," 1994 EDITION INCLUDING VOLUMES 1,2 AND 3 ALONG WITH THE FOLLOWING APPENDICES CHAPTER 3-DIVISION II, CHAPTER 4-DIVISION I, CHAPTER 15, CHAPTER 18, CHAPTER 31 -DIVISIONS II & III, "UNIFORM PLUMBING CODE," 1994 EDITION INCLUDING APPENDICES A, B, D, G AND I; "UNIFORM MECHANICAL CODE," 1994 EDITION INCLUDING APPENDICES A, B, C AND D; "NATIONAL ELECTRICAL CODE," 1993 EDITION; "UNIFORM HOUSING CODE," 1994 EDITION; "UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION; AND "UNIFORM FIRE CODE," 1994 EDITION INCLUDING APPENDICES II-A, II-F, II-G, III-A, III-C, V-A AND V-B SAVE AND EXCEPT THOSE PORTIONS OF THE PRECEDING SECONDARY CODES AS ARE DELETED, MODIFIED OR AMENDED BY PROVISIONS OF SAID CODE; PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF; AND REPEALING ORDINANCES INCONSISTENT THEREWITH.

WHEREAS, the City Council ("Council") of the City of Monte Sereno ("City") has fully reviewed the Monte Sereno Municipal Code, 1970 Edition (the "1970 Edition") and has determined that several grammatical and some minor substantive changes are necessary to bring the code into compliance with existing state law as well as assuring the code is consistent with actual city practices which have been regularly followed for the last several years have determined to adopt this Ordinance No. NS-112 (the "Ordinance"); and

WHEREAS, the Council held several public council meetings to discuss the provisions of the 1970 Edition and changes made to those provisions as reflected in that certain document entitled: "Monte Sereno Municipal Code," 1999 Edition (hereinafter referred to as the "Code"), three (3) copies of which are on file in the office of the City Clerk for public inspection, together with copies of each of the secondary codes therein adopted by reference; and

WHEREAS, the Council has held a public noticed meeting on January 9, 1999, specifically to allow any interested members of the public to provide input, opinions and evidence with respect to the proposed changes and testimony was received at that time; and

WHEREAS, the Council desires to adopt an entirely new municipal code which is consistent with state law, City practice and major portions of previously adopted ordinances which were heretofore codified in the 1970 Edition; and

WHEREAS, the Code incorporates, verbatim and without repeal by implication or otherwise, preexisting Ordinance Nos. 7, 15, 35, 43, 59, 59A, 86, 136, NS 32 section 1, and NS 6, which ordinances have adopted taxes as codified in the 1970 Edition; and

WHEREAS, the Code is the set of laws, rules and regulations the Council wishes to adopt as its municipal laws, rules and regulations; and

WHEREAS, the Code incorporates modifications to the zoning regulations of the City in effect at the time of adoption of the Code, provisions of Government Code sections 65850 et seq with respect to the noticing of public hearings for zoning changes have been followed with the purpose that any changes to any zoning regulations in effect at the time of adoption of the Code which are changed by the provisions of the Code are done in accordance with law; and

WHEREAS, the Council hereby finds that the changes made to the zoning regulations reflected in the Code are consistent with the City's General Plan; and

WHEREAS, the City Council herd a public hearing on March 2, 1999, for purposes of introducing the Code and at that hearing interested persons attended and gave testimony; and

WHEREAS, on March 2,1999, a negative declaration of environmental impact was certified and adopted by Resolution No. 1895 prior to introduction of the Code.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONTE SERENO AS FOLLOWS:

SECTION 1. ADOPTION OF MONTE SERENO MUNICIPAL CODE, 1999 EDITION. There is on file in the Office of the City Clerk a compilation of laws, rules and regulations embodied in a document comprising the Code, which is incorporated herein by this reference, which Code includes the following secondary codes incorporated therein by reference in whole or in part:

(a) UNIFORM BUILDING CODE," 1994 EDITION, INCLUDING VOLUMES 1 2 AND 3 ALONG WITH THE FOLLOWING APPENDICES: CHAPTER 3-DIVISION II, CHAPTER 4-DIVISION I, CHAPTER 15, CHAPTER 18, CHAPTER 31-DIVISIONS II & III;

(b) "UNIFORM PLUMBING CODE," 1994 EDITION INCLUDING APPENDICES A, B, D, G AND I;

(d) "UNIFORM HOUSING CODE," 1994 EDITION;

(e) "UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION;

(f) "NATIONAL ELECTRICAL CODE," 1993 EDITION; AND

(g) "UNIFORM FIRE CODE," 1994 EDITION INCLUDING APPENDICES II-A, II-F, II-G, III-A, III-C, V-A AND V-B; provided however that the following additions are hereby incorporated into Appendix II-A.

(1) Section 16.3 is added to Appendix II-A to read as follows:

"Section 16.3 Firebreak vegetation. When brush or vegetation growth is removed and cleared away to provide a firebreak as required by this section, suitable growth which will not form a means of rapidly transmitting fire shall be planted in such a manner so as to reduce the possibility of erosion."

(2) Section 25 is added to Appendix II-A to read as follows:

"Section 25 Roof coverings. Roof coverings on all buildings shall be fire-retardant, and shall comply with the standards established for Uniform Building Code Class A Roofing. Re-roofing of existing buildings shall comply with the above except that any re-roofing of less than ten percent (10%) of the total roof area on any building shall be exempt from this requirement. Additions to existing buildings exceed ten percent (10%) of the total roof area shall comply with the section."

(3) Section 26 is added to Appendix II-A to read as follows:

"Section 26 Hazardous fire area designations. Hazardous Fire Area limits shall be defined as all areas within the City of Monte Sereno which are set forth and delineated on the map entitled "Hazardous Fire Area Map dated 1983", which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this Chapter. The map properly attested, a copy of which is set forth following the text of Appendix II-A, as amended, shall be and remain on file in the Office of the City Clerk of the City of Monte Sereno".

SECTION 2. REPEAL BY IMPLICATION. Except as otherwise provided in this Ordinance, upon the effective date of this Ordinance the provisions of the Code shall become the law of the City of Monte Sereno and the provisions of any ordinance adopted prior to the effective date of this Ordinance which are inconsistent with the provisions of the Code shall hereafter be repealed and be of no further force or effect.

SECTION 3. MAINTENANCE OF THE CODE. Not less than three (3) copies of the Code shall be filed for use and examination by the public in the office of the City Clerk. At least three (3) copies, duly certified by the City Clerk, shall be permanently bound and maintained on file in his/her office. Copies thereof shall be distributed to the departments and divisions of the City as shall be prescribed by the City Manager. Upon the adoption of any amendment or addition to the Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall take appropriate action to permanently revise the Code to properly reflect the modification as provided by law. Duly certified copies of each ordinance making changes in such Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference.

SECTION 4. VIOLATIONS AND PUNISHMENT. As required by law the penalty clause contained in Section 1.01.010 et seq of Chapter 1, Title 1 of the Code, is hereinafter set forth in full as follows:

A. It is unlawful for any person to violate any provision, or fail to comply with any requirement or condition of this Code.

B. Unless otherwise expressly provided in this Code, any person violating any of the provisions of the Code or failing to comply with any requirements or conditions validly imposed upon the person under authority of this Code is guilty of an infraction as defined in the Penal Code of the State of California. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code or any requirement or condition validly imposed upon such person under authority of this Code is committed, continued, or permitted by such person and shall be punishable accordingly.

C. Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of the same offense three or more times within a one-year period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

D. Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than Fifty Dollars ($50), for a second conviction within a period of one year by a fine of not more than One Hundred Fifty Dollars ($150), and for a third or any subsequent conviction within a period of one year by a fine of not more than Two Hundred Fifty Dollars ($250).

E. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand Dollars ($1000), or by imprisonment in the County Jail for a period of not exceeding six months, or by both such fine and imprisonment.

F. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code or any requirements or conditions validly imposed under authority of this Code is a public nuisance and may be summarily abated as provided for under § 6.16.010 et seq. Each day such a condition continues shall be regarded as a new and separate offense.

G. Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

H. The Code Enforcement Officer of the City of Monte Sereno shall be the City Manager or the City Manager's designee and shall have the duty of enforcing the provisions of the Monte Sereno Municipal Code and all other laws and ordinances of this City.

I. Any person cited for an infraction who refuses to sign a written promise to appear shall be guilty of a misdemeanor and the provisions of law related to misdemeanor and arrest in section 853.6 of the California Penal Code shall apply. No person shall willfully violate his or her written promise to appear in court. Any person who willfully violates his or her written promise to appear in court shall, upon conviction, be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

SECTION 5. EXISTING LAW CONTINUED. The provisions of this Code, insofar as they are substantially the same as existing provisions relating to the same subject matter shall be construed as restatements and continuations thereof to the extent those provisions are not inconsistent with the new enactments.

SECTION 6. TABLE OF CONTENTS, AND INDEX NOT PART OF CODE. The table of contents, as well as the tables and any indexes that may be added in the back of the Code are not adopted as part of the Code, but are included for convenience only. Said tables of contents, tables and index shall not be deemed to govern, limit or modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section.

SECTION 7. TITLE — CITATION — REFERENCE. This Code shall be known as the "Monte Sereno Municipal Code" and it shall be sufficient to refer to said Code as the "Monte Sereno Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or in equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Monte Sereno Municipal Code." Further reference may be had to the titles, chapters, sections and subsections of the "Monte Sereno Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the Code.

SECTION 8. EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS. Neither the adoption of this Code nor the repeal or any amendments hereby or any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective due date and unpaid under such ordinances, 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 application to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.

SECTION 9. REFERENCE TO SPECIFIC ORDINANCES. The provisions of this Code shall not, in any manner, affect mailers of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

SECTION 10. CONSTITUTIONALITY.

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and it for any reason, this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

SECTION 11. PUBLICATION.

The City Clerk is directed to cause a copy of this ordinance to be published in full at least once within fifteen (15) days after its adoption in the "Los Gatos Weekly Times", a newspaper of general circulation printed and published nearest the City of Monte Sereno.

The foregoing ordinance was introduced at a regular meeting of the Monte Sereno City Council of the City of Monte Sereno, on the 2nd day of March 1999 and was passed and adopted at a regular meeting of said Council held on the 16th day of March 1999, by the following called vote.

AYES: Councilmembers Gambord,Knight, Nesbet and Vice-Mayor Jackson

NOES: None

ABSENT Mayor Lucas

___________ Suzanne E. Jackson, Vice Mayor

ATTEST

___________ Andrea M. Chelemengos, City Clerk