Morgan Hill Municipal Code Ch. 1.01 Code Adoption

Pursuant to the provisions of Section 50022.1 through 50022.10 of the Government Code of the state of California, there is adopted the "Morgan Hill Municipal Code," 1987 edition, as published by Book Publishing Company, Seattle, Washington, including the following secondary codes incorporated therein by reference in whole or in part:

A. "Uniform Building Code, 1997 Edition," "California Building Code, 2001 Edition," promulgated by the International Conference of Building Officials;

B. "Uniform Housing Code, 1997 Edition," promulgated by the International Conference of Building Officials;

C. "Uniform Administrative Code, 1997 Edition," promulgated by the International Conference of Building Officials;

D. "Uniform Mechanical Code, 2000 Edition," "California Mechanical Code, 2001 Edition," promulgated by the International Association of Plumbing and Mechanical Officials;

E. "Uniform Plumbing Code, 2000 Edition," "California Plumbing Code, 2001 Edition," promulgated by the International Association of Plumbing and Mechanical Officials;

F. "Uniform Fire Code, 1997 Edition," "California Fire Code, 1998 Edition," promulgated by the International Conference of Building Officials and the Western Fire Chiefs Association;

G. "National Electrical Code, 2002 Edition," "California Electrical Code 2004 Edition," promulgated by the National Fire Protection Association;

H. "Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition," promulgated by the International Conference of Building Officials, save and except those portions of the preceding secondary codes as are deleted, modified or amended by provisions of said Morgan Hill Municipal Code, 1987 edition.

From and after the effective date of the ordinance codified in this chapter, the Morgan Hill Municipal Code, 1987 edition, shall constitute the penal and regulatory ordinances of the city of Morgan Hill.

(Ord. 1736 N.S. § 1, 2005; Ord. 1593 N.S. § 1, 2002: Ord. 1447 N.S. § A, 1999: Ord. 1254 N.S. § A, 1995: Ord. 1210 N.S. § 1, 1995: Ord. 820 N.S. § 1, 1987)

Nothing contained in this chapter is intended to affect the validity of ordinances, commencing with Ordinance No. 700, adopted or to be adopted amending the Morgan Hill Municipal Code, which ordinances the city clerk is directed to cause to be incorporated in the Morgan Hill Municipal Code, 1987 edition, upon their respective effective dates.

(Ord. 820 N.S. § 2, 1987)

Not less than three copies of the Morgan Hill Municipal Code, 1987 edition, shall be filed for use and examination by the public in the office of the city clerk. At least three copies, duly certified by the city clerk, shall be permanently bound and maintained on file in 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 said code, or upon the repeal of any of its provisions, the city clerk shall certify thereto and shall make an appropriate notation in the volumes of the code of the taking of such action, noting thereon the number and date of the ordinances pursuant to which such action is taken.

Duly certified copies of each ordinance making changes in the code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference.

The city clerk is further directed to incorporate as regular supplements to the code all amendments, additions or deletions adopted by the council.

(Ord. 820 N.S. § 3, 1987)

The tables of contents appearing at the beginning of each title and chapter, as well as the tables and index in the back of the code, are not adopted as part of the Morgan Hill Municipal Code, 1987 edition, but are included for convenience only. Said tables of contents, tables and index shall not be deemed to limit or modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section.

(Ord. 820 N.S. § 5, 1987)

The ordinance codified in this chapter, adopting the Morgan Hill Municipal Code, 1987 edition, was an urgency measure necessary for the immediate preservation of the public peace, health, safety or general welfare, was based upon the recitals set forth and incorporated therein as findings, and took effect immediately upon its passage on July 1, 1987.

(Ord. 820 N.S. § 6, 1987)

This code shall be known as the "Morgan Hill Municipal Code" and it shall be sufficient to refer to said code as the "Morgan Hill Municipal Code" in any prosecution for violation of any provision thereof or in any proceeding at law or 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 "Morgan Hill Municipal Code." Further, reference may be had to the titles, chapters, sections and subsections of the "Morgan Hill Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the code.

(Ord. 820 N.S. § 7, 1987)

Neither the adoption of this code nor the repeal or amendment thereby of 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 of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee or penalty at said effective date due 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 applicable 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.

(Ord. 820 N.S. § 8, 1987)

The provisions of this code shall not in any manner affect matters 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.

(Ord. 820 N.S. § 9, 1987)

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 if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

(Ord. 820 N.S. § 10, 1987)