Chapter 1 — GENERAL PROVISIONS

SECTION:

1-1: How Code Designated And Cited

1-2: Designation And Citation Of mendments To Code

1-3: Construction Of Code

1-4: Definitions And Rules Of Construction

1-5: Provisions Considered As Continuations Of Existing Ordinances

1-6: Effect Of Repeal Of Ordinances

1-7: Severability Of Parts Of Code

1-8: Catchlines Of Sections

1-9: Violations, Penalties And Enforcement

1-10: Violations Of Code Deemed Nuisances; Summary Abatement

1-11: Labor On Public Works During Imprisonment

1-12: How Notices To Be Given

1-13: Proof Of Notice

1-14: Territorial Limits Of Application Of Code

1-15: Procedure For Arrest; Arresting Officer Defined

1-16: Procedure For Arrest; Adoption Of State Law

1-17: Procedure For Arrest; Notice To Appear When Person Not Taken Immediately Before Magistrate

1-18: Procedure For Arrest; Violation Of Promise To Appear; Unlawful

1-19: Claims

1-20: City Seal

1-1: HOW CODE DESIGNATED AND CITED:

This code shall be known as the CODE OF THE CITY OF PORTERVILLE, CALIFORNIA, and may be so cited. This code may also be cited as the "Porterville city code". (Ord. Code § 1)

1-2: DESIGNATION AND CITATION OF AMENDMENTS TO CODE:

Any ordinance adding to this code or amending or repealing any provision of this code may be designated as an addition or amendment to, or repeal of, this code. (Ord. Code § 1.2)

1-3: CONSTRUCTION OF CODE:

The provisions of this code and all proceedings under it are to be construed to effect its objects and to promote justice. (Ord. Code § 6)

1-4: DEFINITIONS AND RULES OF CONSTRUCTION:

In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

CITY: The area within the territorial city limits of the city of Porterville and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional provision or any law.

CODE: The Porterville city code.

COMPUTATION OF TIME: The time in which any act provided by law 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.

COUNCIL: The city council of the city of Porterville.

COUNTY: The county of Tulare of this state.

DAY: The period of time between any midnight and the midnight following.

DAYTIME, NIGHTTIME: "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

DEPARTMENT, BOARD, COMMISSION, AGENCY, OFFICER OR EMPLOYEE: When used herein shall mean a department, board, commission, agency, officer or employee of the city of Porterville.

GENDER: The masculine gender includes the feminine and neuter.

IN THE CITY: Shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

JOINT AUTHORITY: All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

MONTH: A calendar month.

NUMBER: The singular number includes the plural, and the plural the singular.

OATH: Includes affirmation.

OFFICIAL TIME: Whenever certain hours are named herein, they shall mean Pacific Standard Time or daylight saving time whichever may be in current use in the city.

OR, AND: "Or" may be read "and", and "and" may be read "or", if the sense requires it.

OWNER: Applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by entirety, of the whole or of a part of such building or land.

PERSON: A natural person, firm, corporation, organization, company, association, business trust, joint stock company, partnership, joint venture, club, or the agent, servant, manager, officer, employee or lessee of any of them.

PERSONAL PROPERTY: Includes every species of property, except "real property", as defined in this section.

PRECEDING, FOLLOWING: Next before and next after, respectively.

PROCESS: Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

PROPERTY: Shall include real and personal property.

REAL PROPERTY: Shall include lands, tenements and hereditaments.

ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel.

SHALL, MAY: "Shall" is mandatory and "may" is permissive.

SIGNATURE OR SUBSCRIPTION: Includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.

STATE: The state of California.

TENANT OR OCCUPANT: Applied to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.

TENSES: The present tense includes the past and future tenses; and the future, the present.

WEEK: Seven (7) consecutive days.

WRITING: Includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise.

WRITTEN: Includes printed, typewritten, mimeographed or multigraphed.

YEAR: A calendar year, except where otherwise provided.

The provisions of sections 13 and 1645 of the Civil Code of the state are hereby adopted in the interpretation of words and phrases, unless otherwise provided in this code.

Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. (1963 Code)

1-5: PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES:

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 reinstatements and continuations thereof and not as new enactments. (Ord. Code § 2)

1-6: EFFECT OF REPEAL OF ORDINANCES:

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (1963 Code)

1-7: SEVERABILITY OF PARTS OF CODE:

If any section, subsection, sentence, clause, phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court, such decision shall not affect the validity of the remaining portions of this code. The city council would have adopted this code and each section, subsection, sentence, clause, phrase and portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be invalid or unconstitutional. (Ord. Code § 12)

1-8: CATCHLINES OF SECTIONS:

Chapter, article, division and section headings contained in this code shall not govern, limit, modify or affect the scope, meaning or intent of the provisions of this code. (Ord. Code § 7)

1-9: VIOLATIONS, PENALTIES AND ENFORCEMENT:

A. It shall be unlawful for any person to violate any provision or fail to comply with any requirement of this code.

B. The City intends to secure compliance with the provisions of this Code, and state codes specifically adopted by reference in the applicable Chapters of this Code. To the extent, in the City’s lawful discretion, that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations.

C. 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.

D. 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 said person may be punished and/or held responsible accordingly. Each and every day any such violations exist constitutes a separate offense.

E. Notwithstanding any other provision of this Code, and state codes specifically adopted by reference in the applicable Chapters of this Code, each violation of the provisions of this Code may be enforced alternatively as follows:

1. Criminal Enforcement: Unless otherwise specified in this Code, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, and state codes specifically adopted by reference in the applicable chapters of this Code, is guilty of a misdemeanor, unless the city makes a determination to prosecute as an infraction with the concurrence of the city attorney. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by this Code. Any person convicted of a misdemeanor shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, unless a greater fine is authorized in accordance with applicable laws, or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. In the alternative and in accord with this section, any person violating any of the provisions or failing to comply with any mandatory requirements of this Code, and state codes specifically adopted by reference in the applicable chapters of this Code, may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by this code, and unless otherwise set forth in this Code, or unless greater amounts are authorized by applicable state laws, fines shall be assessed in the amounts specified in Section 2-144 of this Code. Unless otherwise specified, any person charged with an infraction shall be subject to Division 17, Chapter 2, Article 2 of the California Vehicle Code as it relates to promises to appear and the fixing of bail.

2. Civil Action: The city attorney, or an attorney hired for such purposes by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, or state codes specifically adopted by reference in the applicable Chapters of this Code, as provided by law, and/or may seek other available relief as prescribed by applicable law.

   3. Nuisance Abatement: 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 pursuant to Section 1-10 and/or the applicable specific provisions of this Code.

   4. Administrative Citation: Upon a finding by the city official vested with the authority to enforce the various provisions of the Code, or state codes specifically adopted by reference in the applicable Chapters of this Code, that a violation exists, he or she may issue an administrative citation and proceed with enforcement pursuant to Chapter 2, Article XIV of this Code.

F. In any action, administrative proceeding, or special proceedings for abatement, the prevailing party shall be entitled to its reasonable attorneys’ fees. Recovery of attorneys’ fees by the prevailing party is limited to those actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys’ fees. (Ord. 1537 § B1, 8-6-1996; Ord. 1720 § 1, 5-1-2007; Ord. 1883, 5-4-2021)

1-10: VIOLATIONS OF CODE DEEMED NUISANCES; SUMMARY ABATEMENT:

A. In addition to the code enforcement remedies and penalties provided for in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code or any code adopted by reference by this Code or any ordinance of the city not included within this Code, or any such threatened violation, shall be deemed a public nuisance and may be, by the City, abated as such, summarily or otherwise; and each day that such condition continues shall be regarded as a new and separate offense.

B. Any such violation or threatened violation as referred to in subsection A above, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city in a civil judicial action.

C. In accordance with California Government Code Section 38773, the City may summarily abate any nuisance at the expense of the persons creating, causing, committing, or maintaining it and hereby authorizes the expense of the abatement a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1 or alternatively Section 38773.5.

1. Proceedings pursuant to Section 38773.1: Prior to recording a lien, the City shall provide notice to the owner of record of the

parcel of land on which the nuisance is/was maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice shall be served in the same manner as summons in a civil action in accordance with the applicable law. If the owner of record, after a diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located as required by that section. The lien shall be recorded in the county recorder’s office in the county in which the parcel is located and from the date of recording shall have the force, effect, and priority of a judgment lien. The lien shall specify the amount of the lien, the City’s name, the date of the abatement order, the street address, the legal description and assessor’s parcel number of the affected parcel, and the name and address of the recorded owner of the parcel. The lien may be foreclosed by an action brought by the City for a money judgment. In the event the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in the lien shall be recorded by the City. If the county recorder imposes a fee on the city to reimburse the costs of processing and recording the lien and/or providing notice, the City may recover any such costs from the property owner as part of its foreclosure action to enforce the lien.

2. Alternative Proceedings pursuant to Section 38773.5: As an alternative to the procedure set forth in subsection (1) above, the

City may abate a nuisance and make the cost of the abatement a special assessment against the parcel. The City shall provide notice by certified mail to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after 3 years by the tax collector for unpaid delinquent assessments. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. Subject to the requirements specified in the California Revenue and Taxation Code Section 3691, the City may conduct a sale of vacant residential developed property for which the payment of that assessment is delinquent.

D. Recovery of Abatement Expenses.

1. In addition to any other recovery processes allowed by this Code and other laws and regulations, whenever any person creating,

causing, committing or maintaining a public nuisance, pursuant to this Code, has been given notice, by or on behalf of the city attorney or by any other city officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within such notice.

2. The costs and expenses referred to in Subsection D.1. above, may include, but are not limited to, any and all direct costs and

expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

3. The provisions of subsection D.1. of this Section shall also apply to any person who received notice, as specified therein, abated

the nuisance or violations, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

4. Money due to the City pursuant to this Section may be recovered in an appropriate civil action. Alternatively, such liability may be

enforced by liens or special assessment proceedings as authorized by subsection C. of this Section.

5. Additionally, recovery of Attorney’s fees is authorized in accordance with Municipal Code Section1-9.F. (Ord. Code § 13.6; Ord.

1883, 5-4-2021)

1-11: LABOR ON PUBLIC WORKS DURING IMPRISONMENT:

All persons confined in the city jail under a fine or judgment of imprisonment rendered in a criminal action or proceeding may be required to perform labor on the public works or ways in the city, or public works or ways owned by or operated by the city and under such rules and regulations as may be promulgated by the chief of police and the city manager. (Ord. Code § 13.3)

1-12: HOW NOTICES TO BE GIVEN:

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. (Ord. Code § 14)

1-13: PROOF OF NOTICE:

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 (18) years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned. (Ord. Code § 14.1)

1-14: TERRITORIAL LIMITS OF APPLICATION OF CODE 1 :

This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside 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. (Ord. Code § 8)

Notes

1 1. See charter section 2.

1-15: PROCEDURE FOR ARREST; ARRESTING OFFICER DEFINED:

For the purpose of sections 1-16 to 1-19 of this chapter, the terms "arresting officer" and "officer" mean any policeman of the city and any other employee of the city whose duty it is to enforce the provisions of this code and other ordinances of the city and who is authorized by the city manager to use the citation procedure established by sections 1-16 to 1-19 of this chapter in the performance of his enforcement duties. (Ord. 668 § 1)

1-16: PROCEDURE FOR ARREST; ADOPTION OF STATE LAW:

Except as provided in section 1-15 of this chapter, the provisions of sections 853.5 through 853.8 of the Penal Code of the state, as amended, are hereby adopted by this section and made a part of this code as though fully set forth. (Ord. 1537 § B2, 8-6-1996)

1-17: PROCEDURE FOR ARREST; NOTICE TO APPEAR WHEN PERSON NOT TAKEN IMMEDIATELY BEFORE MAGISTRATE:

A. Whenever any person is arrested for any violation of any provision of this code or any ordinance of the city and such person is not immediately taken before a magistrate as required or permitted by the Penal Code of the state, the arresting officer shall prepare, in triplicate, a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

B. 1. The time specified in the notice to appear must be at least twenty one (21) days after the arrest, except that the court having jurisdiction over the offense charged may authorize the arresting officer to specify on the notice that an appearance may be made before the time specified.

2. In the case of juveniles, the court having jurisdiction over the offense charged may require the arresting officer to indicate on the notice "to be notified" rather than specifying a specific date pursuant to subsection B1 of this section.

C. The place specified in the notice to appear shall be either:

1. Before a judge of a justice court or a municipal court in Tulare County who is nearest and most accessible with reference to the

place where the arrest is made; or

2. Upon the demand of the person arrested before a judge of a justice court or a municipal court at the county seat of Tulare

County; or before a judge in the judicial district in which the offense is alleged to have been committed. This subsection applies only if the person arrested resides, or the person's principal place of employment is located, closer to the county seat than to the municipal court or other magistrate nearest or most accessible to the place where the arrest is made; or

3. Before an officer authorized by the city or the court of judicial district to receive a deposit of bail.

4. Before the juvenile court, a juvenile court referee, or a juvenile traffic hearing officer within the county in which the offense

charged is alleged to have been committed, if the person arrested appears to be under the age of eighteen (18) years. The juvenile court shall by order designate the proper person before whom the appearance is to be made.

D. The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure a

release, must give his written promise so to appear in court or before a person authorized to receive a deposit of bail, by signing two (2) copies of the notice which shall be retained by the officer. The officer may require the arrested person, if this person has no satisfactory identification, to place a right thumbprint, or a left thumbprint, or fingerprint if the person has a missing or disfigured right thumb, on the promise to appear. Thereupon the arresting officer shall forthwith release the person arrested from custody. The thumbprint or fingerprint provided by the arrested person shall not be used to create a database.

1. Any person who signs a written promise to appear with a false or fictitious name is guilty of a misdemeanor regardless of the

disposition of the charge upon which he was originally arrested.

E. The officer shall, as soon as practicable, file a copy of the notice with the magistrate or before a person authorized by the magistrate or judge to receive a deposit of bail specified therein and a copy with the chief of police, sheriff or other superior officer of the arresting officer. Thereupon bail shall be set and the matter dealt with according to law. (Ord. 1537 § B3, 8-6-1996)

1-18: PROCEDURE FOR ARREST; VIOLATION OF PROMISE TO APPEAR; UNLAWFUL:

Any person wilfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the charge upon which he was originally arrested. (Ord. 668 § 1)

1-19: CLAIMS:

A. Authority: This section is enacted pursuant to section 935 of the California Government Code.

B. Claims Required: All claims against the city for money or damages not otherwise governed by the government claims act, California Government Code section 900 et seq., or another state law (hereinafter in this section, "claims") shall be presented within the time, and in the manner, prescribed by part 3 of division 3.6 of title 1 of the California Government Code (commencing with section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section.

C. Form Of Claim: All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code section 910.

D. Claim Prerequisite To Suit: In accordance with California Government Code sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon the city prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of subsection B of this section.

E. Suit: Any action brought against the city upon any claim or demand shall conform to the requirements of sections 940–949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of section 950– 951 of the California Government Code. (Ord. 1737, 3-18-2008)

1-20: CITY SEAL 1 :

A common seal of the city is hereby adopted and described as follows:

Two (2) branches of oranges intertwined at the top, in the central space, and in the margin surrounding the same the words: "City of Porterville, Incorporated May 7th, 1902". (Ord. Code § 1151)

Notes

1 1. See charter section 4 of this code.