Chapter 1 — SAN DIEGO COUNTY CODE

This code shall be known as the “San Diego County Code.” It shall be sufficient to refer to this code as the “San Diego County Code” in any prosecution for the violation of any provision of the code and it shall also be sufficient to designate any ordinance adding to, amending or repealing the code as an addition or amendment to or repeal of the “San Diego County Code.”

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

This code of ordinances of the County of San Diego is adopted pursuant to Sections 25126, 25127 and 25128 of the Government Code of the State of California.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

State law reference(s)--Codification authority, Gov. Code, §§ 25126--25128.

This code contains most, but not all, of the regulatory ordinances of the County of San Diego. In addition to this code there is the “Administrative Code” of the County of San Diego (Ordinance No. 1077 (New Series), as amended). The adoption of this code shall not affect the Administrative code or any other ordinance of the County of San Diegonot included in this code.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The provisions of this code, insofar as they are substantially the same as existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The provisions of this code and all proceedings under it shall be construed to give effect to the objectives of this code and to promote justice.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The adoption of any provision of this code does not affect any prosecution, civil action or administrative proceeding for any ordinance violation committed prior to the effective date of this code, does not waive any fee, penalty, license or permit requirement due or in effect on the date this code is adopted and does not affect the validity of any bond or cash deposit posted, filed or paid pursuant to the requirements of any ordinance.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

No rights given by any permit, license or certificate are affected by the adoption of this code, except that any permit, license or certificate renewed after the effective date of any applicable code provision must comply with the code.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

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 specially designated by number or otherwise and which are included in this code, but the references shall be construed to apply to the corresponding provisions contained within this code.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Title, division, chapter, article and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, division, chapter, article or section of this code.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

In reading section numbers from left to right, the first digit shall designate the title of this code; the second digit shall designate the division of that title. To the right of the second digit is a decimal point. The first digit to the right of the first decimal point designates the chapter of the division provided there are no more than three digits to the right of the first decimal point or no more than three digits between the first decimal point and the second decimal point; e.g., Section 56.101 designates a section in Chapter 1 of Division 6 of Title 5. Where four or more digits follow the first decimal point or four digits are between the first and second decimal points, the first two digits to the right of the first decimal point designate the chapter, e.g., Section 56.10102 designates a section in Chapter 10 of Division 6 of Title 5.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Any violation of this code, whether it is an affirmative act, failure to act or failure to comply with any provision of this code is a public nuisance.

(Added by Ord. No. 9889 (N.S.), effective 10-26-07)

Whenever notice is required to be given under this code, unless the code or federal or State Law otherwise provide, notice may be given either by personal delivery to the person to be notified or be deposited in the United States mail in a sealed envelope, first class postage prepaid, addressed to the person to be notified at his last known business or residence address as the name appears in the public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time the notice is deposited in any regularly maintained United States Postal Service receptacle intended to receive mail.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Proof of giving any notice required by this code may be made by the certificate of any officer or employee of the County or by affidavit of any person over the age of eighteen years, which shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Whenever a power is granted to, or a duty is imposed upon any County officer, the power may be exercised or the duty may be performed by a deputy of the officer or a person authorized pursuant to law, unless this code or State law expressly provides otherwise.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

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 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The Board of Supervisors hereby declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

It shall be unlawful for any person to violate any provision or to fail to comply with any requirement of this code. Any person who violates any provision or fails to comply with any requirement of this code shall be guilty of a misdemeanor except where the code or State Law specifically provides the offense is an infraction. The County and any prosecuting agency have discretion to charge any misdemeanor offense as an infraction.

(a) A conviction for a misdemeanor is punishable by a fine not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both fine and imprisonment.

(b) A conviction for an infraction that violates the County Building Code, Electrical Code, Plumbing Code, Mechanical Code or Fire Code shall be punishable as follows:

(1) A fine of not more than $100 for the first violation;

(2) A fine of not more than $500 for the second violation of the same provision of this code within one year;

(3) A fine of not more than $1,000 for the third and each additional violation of the same provision of this code within

one year.

(c) A conviction for all other infractions shall be punishable as follows:

(1) A fine of not more than $100 for a first violation;

(2) A fine of not more than $200 for a second violation of the same provision of this code within one year;

(3) A fine of not more than $500 for the third and each additional violation of the same provision of this code within one

year.

(d) The penalties for the second and additional violations in paragraphs (b)(2) and (3) and (c)(2) and (3), above are based upon the dates the violations occur regardless of the dates of conviction. The increased penalties apply even if multiple violations are prosecuted together.

(e) As used in this code "conviction" or "convicted" means a plea of guilty or verdict of guilty or a conviction following a plea of nolo contendere.

(Amended by Ord. No. 5200 (N.S.), effective 8-10-78; amended by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10818 (N.S.), effective 1-12-23)

Each and every day a violation of this code is committed is a separate and distinct offense.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Whenever in this code any act or omission is declared to be unlawful, it shall include causing, allowing, aiding or abetting the act or omission.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The termination or suspension (by whatsoever means effected) of any provision of this code or any ordinance of the County of San Diego does not constitute a bar to the prosecution and punishment of any act already committed in violation of the provision terminated or suspended, unless the intent to bar such prosecution and punishment is expressly declared by an applicable provision of code or ordinance.

(Added by Ord. No. 2733 (N.S.), effective 10-8-64; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Judicial review of any decision made by the County or any County commission, board, officer or agent that may be had pursuant to Code of Civil Procedure section 1094.5 shall be subject to the time limits in Code of Civil Procedure section 1094.6. As used in this section, "decision" means any adjudicatory administrative decision made after hearing, subject to section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit, license or other entitlement, imposing a civil or administrative penalty, fine, charge or cost, or denying an application for any retirement benefit or allowance. In making a final decision the County, County commission, board, officer or agent, shall give notice to the party that the time within which judicial review shall be sought is governed by this section. The notice shall state substantially the following:

"The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure section 1094.6."

(Added by Ord. No. 4891 (N.S.), effective 5-19-77; amended by Ord. No. 4968 (N.S.), effective 9-29-77; amended by Ord. No. 8316 (N.S.), effective 11-25-93; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The County may use any or all of the following remedies to address any violation of this code or failure to abide by any requirement of this code:

(a) Criminal prosecution;

(b) Civil action for any legal and/or equitable remedy including, but not limited to injunctive relief, declaratory relief, civil penalties, damages, restitution, site restoration and cost recovery;

(c) Nuisance abatement as provided by this code; and

(d) Administrative action as provided by this code.

(Added by Ord. No. 9263 (N.S.), effective 11-23-00; amended by Ord. No. 9889 (N.S.), effective 10-26-07)