Richmond Municipal Code Ch. 1.04 Adoption of Code — Construction of Provisions — Enforcement

This Code shall be known as "The Municipal Code of the City of Richmond" and may be so cited in any prosecution for violation of this Code. Any ordinance amending this Code may be designated as an amendment to The Municipal Code of the City of Richmond. Every reference to this Code or any portion of this Code applies to this Code as now or hereafter amended.

Unless the context otherwise requires, the following words and phrases where used in this Code shall have the meanings given in this section:

(a) Unless the context otherwise requires, the following words and phrases where used in this Code shall have the meanings given in this section:

"Code" means the Municipal Code of the City of Richmond.

"City" means the City of Richmond.

"City Council" means the Council of the City of Richmond.

"County" means the County of Contra Costa.

"Gender" means the masculine gender includes the feminine and neuter.

"Number" means the singular number includes the plural, and the plural the singular.

"Oath" means and includes affirmation.

"Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or their manager, lessee, agent, servant, officer or employee or any of them.

Shall, may. Shall is mandatory; may is permissive.

"State" means the State of California.

"Tenses" means the present tense includes the past and future tenses, and the future tense includes the present tense.

"Title of Office" the use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Richmond.

"Director of Public Health" and "Health Officer" mean the Health Officer of the County of Contra Costa, State of California.

"Department of Public Health" and "Health Department" mean the department which is under the direction of the Health Officer of the County of Contra Costa.

"Building Official," "Superintendent of Inspection Services," "administrative authority," "responsible official," "chief inspector," "building inspector," "code enforcement officer" or other similar designation as relating to building regulations and construction codes mean that Deputy Director of Public Works designated by the Public Works Director as the Building Official of the City of Richmond.

(b) Notwithstanding any other provision in the Municipal Code to the contrary, all references in the Municipal Code to "Building Official," "Superintendent of Inspection Services," "Director of Public Works," "administrative authority," "responsible official," "chief inspector," "building inspector," "code enforcement officer" or any other City official shall include the City Manager. All references in the Municipal Code to any City official, including the City Manager, shall include their designee. All references in the Municipal Code to a Board of Appeals shall include a hearing officer when the Board is unable to convene in a timely manner or when required by constitutional due process.

(Amended by Ordinance No. 348 N.S., 20-86 N.S. and 18-06 N.S.)

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.

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

Every ordinance of this City governing the following subject matter is excluded from this Code and is not affected by the repeal provisions hereof:

Annexations;

Naming roads and streets or changing names of roads and streets;

Granting, altering or withdrawing franchises;

Fixing the rate and making a levy of City taxes;

Calling elections;

Fixing and establishing gas and water rates;

Redevelopment;

Establishing street and curb grades and sidewalk widths;

Flag code;

Off-street parking;

Load limits on streets.

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

(a) Actions and proceedings which began before the effective date of this Code.

(b) Prosecution for ordinance violations committed before the effective date of the Code.

(c) Licenses and penalties due and unpaid at the effective date of this Code, and the collection of these licenses and penalties.

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

(e) 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 this Code.

(a) Not less than three copies of this Code, duly certified by the Clerk of the City, shall be kept on file in the office of the Clerk of the City 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 Clerk of the City for use and examination by the public.

(b) Distribution or sale of additional copies of this Code shall be made as directed by the City Council.

If any article, chapter, section, subsection, paragraph, sentence, clause or phrase of this Code is held invalid or unconstitutional for any reason by a court of competent jurisdiction, that holding shall not affect the validity or constitutionality of the remainder of this Code. The City Council hereby declares that it would have adopted each part of this Code irrespective of the validity of any other part.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(a) Except as otherwise provided herein, every act prohibited or declared unlawful and every failure to perform an act required by this Code shall be a misdemeanor, unless it is reduced to an infraction in the discretion of the prosecuting authority. A misdemeanor shall be punished in accordance with the provisions of California Penal Code Section 19 and an infraction shall be punished in accordance with the provisions of California Penal Code Section 19.6.

(b) Any person causing or permitting a violation of this Code shall be regarded as committing a separate offense on each day that the violation occurs or continues.

(c) Pursuant to Section 836.5 of the California Penal Code, any City violations of the Municipal Code after successfully completing the training required by Section 832 of the Penal Code. A refusal to sign such citation shall be a violation of the Municipal Code.

(Amended by Ordinance No. 14-78 N.S., 18-78 N.S., 4-85 N.S., 49-86 N.S., 30-88 N.S. and 18-06 N.S.)

(a) In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover its reasonable Attorney's fees pursuant to Government Code § 38773.5. Recovery of Attorney's fees shall be limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own Attorney's fees. An award of Attorney's fees to a prevailing party shall not exceed the amount of reasonable Attorney's fees incurred by the City in any legal action, administrative proceeding or special proceeding.

(b) If any person causes, suffers, maintains or permits a public nuisance to continue after written notice is given to such person by the City, directing such person to abate the nuisance, and such continuation goes beyond the time set for such abatement in the written notice, then such person shall be liable to the City for the expenses incurred in detecting, investigating and abating the violation, including Attorney's fees and the costs of monitoring compliance. The City may recover such costs by civil action or by billing said person. The City may also recover such costs by special assessment lien if the violation relates to real property.

(Added by Ordinance No. 18-06 N.S.)

Every person who causes, aids, abets, or conceals the fact of a violation of this Code or interferes with the enforcement of this Code is guilty of violating this Code.

(Amended by Ordinance No. 4-85 N.S.)

Any person wilfully violating his or her written promise to appear in court is guilty of a misdemeanor (regardless of the disposition of the charge upon which he or she was originally arrested).

(Amended by Ordinance No. 4-85 N.S.)

(Source: Ordinance No. 1652.)

(a) In addition to all other remedies and penalties available under this chapter, under other sections of this Code or under other laws, any violation of this Code or of any ordinance of the City of Richmond may be enforced by injunction issued by the Superior Court upon a suit brought by the City. In any such action, civil penalties may also be sought by the City, as specified in subsection (b) of this section.

(b) Any person who violates or fails to comply with any provision of this Code or who any ordinance of the City is liable for a civil penalty not to exceed one thousand dollars for each day, or part thereof, such violation or failure to comply occurs.

(c) The City Attorney is authorized to bring a civil action in any court of competent jurisdiction to seek injunctive relief and recover the civil penalties authorized by this section.

(Ordinance No. 19-89 N.S. amended by Ordinance No. 6-94 N.S.)

The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the City by law or in equity, including, but not limited to, those provided in Chapter 1.14 of this Code.

(Added by Ordinance No. 19-89 N.S.; Ord. No. 26-20 N.S., § II, 11-10-2020)