HomeMy WebLinkAboutOrd 1033-1988ORDINANCE NO. 1033-88
AN ORDINANCE AMENDING, REPEALING AND ADDING PROVISIONS
TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO
NUISANCE ABATEMENT AND ENFORCEMENT OF THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
SECTION 1. Provisions of the South San Francisco Municipal Code Repealed
Chapter 2.50 (Ordinance No. 907) entitled "Scope of Authority of Code
Enforcement Officer", Sections 8.16.160 through 8.16.410 (Ordinance No. 538,
Section 17) pertaining to refuse nuisance and abatement, Sections 8.20.210
through 8.20.240 (Ordinance No. 480, Section 21) pertaining to litter on
privateproperty, Chapter 8.24 (Ordinance No. 983) entitled "Abatement of
Nuisances" and Chapter 9.12 (Ordinance No. 794, Section 21 and 22) entitled
"Nuisance Animals" of the South San Francisco Municipal Code are hereby
repealed, except that this repeal shall not affect the authority of the Code
Enforcement Officer to arrest a person without a warrant for any violation
of this Code prior to the effective date of this ordinance. In addition, this
repeal shall not affect or prevent the prosecution or punishment of any person
for any act done or omitted in violation of these chapters or sections prior
to the effective date of this ordinance.
SECTION 2. Chapter 2.50 of the South San Francisco Municipal Code Added
A new Chapter 2.50 entitled "Citation Authority" is hereby added to
the South San Francisco Municipal Code to read as follows:
CHAPTER 2.50
CITATION AUTHORITY
Sections:
2.50.010 Limitation of authority
2.50.020 Citation authority delegated
Section 2.50.010 Limitation of authority
The power to issue citations authorized by this chapter is made pursuant to
Penal Code Section 836.5. It is not the intent of this chapter to give any of
the officers or employees designated in Section 2.50.020 the general powers,
duties or responsibilities of a police officer of the City or of a peace officer
of the State of California.
Section 2.50.020 Citation authority delegated
The following designated officers and employees are hereby delegated the
authority to issue citations to any person without a warrant whenever the
officer or employee has reasonable cause to believe that the person to be
cited has committed an act in their presence which is a violation of the
chapters of this code specified below:
(a) The code enforcement officer shall have the power to issue
citations for violations of any provision of this code.
(b) The fire chief, fire marshal, deputy fire marshal or any other
officer of the fire department designated by the fire chief shall have the
power to issue citations for violations of Chapters 8.24, 15.24 and 15.36 of
this code.
(c) The chief building inspector and any other employee of the
building division designated by the chief building inspector shall have the
power to issue citations for violations of Chapters 8.24, 15.08, 15.10, 15.12,
15.16 and 15.20 of this code.
(d) The superintendent of water quality control, source control
inspectors and any other employees of the water quality control department
designated by the superintendent shall have the power to issue citations for
violations of Chapters 14.04 and 14.08 of this code.
(e) The planning director and any other employees of the planning
division designated by the planning director shall have the power to issue
citations for violations of Title 20 of this code.
(f) The city manager shall have the power to designate by written
order that particular officers or employees, in addition to those specified
in this section, shall have the power to issue citations for violations of
specified chapters of this code.
SECTION 3. Chapter 8.24 of the South San Francisco Municipal Code Added
A new Chapter 8.24 entitled "Abatement of Nuisances" is hereby added to the
South San Francisco Municipal Code to read as follows:
Chapter 8.24
ABATEMENT OF NUISANCES
Sections:
8.24.010
8.24.020
8.24.030
8.24.040
8.24.050
8.24.060
8.24.070
8.24.080
8.24.090
8.24.100
8.24.110
8.24.120
8.24.130
Purpose
Definitions
Nuisances defined - Authority to abate
Right of entry for enforcement officer
Notice to abate
Abatement of nuisance prior to scheduled hearing
Manner of conducting hearing
Appeal of hearing officer's decision
Abatement after hearing
Notice of cost of abatement
Assessment of costs
Summary abatement of immediate dangers
Violation--Penalty
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Section 8.24.010 Purpose
It is the purpose of this chapter to provide an equitable and practical
method to abate public nuisances as defined in this chapter within the City
of South San Francisco. This chapter is not applicable to private nuisances.
This abatement procedure shall be in addition to any other legal remedy,
criminal or civil, available to address public nuisances and shall not
prejudice any such proceedings. This chapter shall not affect or alter any
nuisance abatement procedures established in other chapters of this code.
Section 8.24.020 Definitions
For purposes of this chapter, the following definitions shall be applicable:
(a) "Abate" means to repair, replace, remove, destroy or otherwise
remedy the condition in question by such means and to such an extent as the
hearing officer determines is necessary to protect the general health, safety
and welfare of the community.
(b) "Enforcement officer" means the chief building inspector, the fire
chief, the code enforcement officer, and any officials in their respective
departments duly appointed to administer the provisions of this chapter.
(c) "Garbage" means any accumulation of putrescible animal or vegetable
waste resulting from the preparation, consumption, decay or storage of food.
(d) "Hearing officer" means the city manager or any person designated
by the city manager to conduct abatement hearings pursuant to this chapter.
(e) "Owner" means any person having or claiming any legal or equitable
interest in the premises in question as listed on the latest available equalized
tax assessment role of San Mateo County.
(f) "Person" means any individual, corporation, partnership, association
or other legal entity of any kind.
(g) "Premises" means any building, structure, lot or parcel of land
whether improved or unimproved, including adjacent sidewalks and parking strips.
(h) "Refuse" means unused or discarded materials including, but not
limited to, broken asphalt, concrete, plaster, tile, rocks, bricks, soil,
building materials, containers, boxes, machinery or parts thereof, paper, scrap
metal, furniture, inoperative vehicles or parts, bottles, cans and glass or plant
trimmings.
(i) "Responsible person" means any agent, lessee or other person
occupying or having control of any premises other than the owner of the premises.
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Section 8.24.030 Nuisances defined - Authority to abate
Each of the following conditions constitutes a nuisance and whenever an
enforcement officer determines that any of these conditions exists upon any
premises within the City of South San Francisco, the officer may require or
provide for its abatement pursuant to this chapter. The costs of such
abatement shall be imposed as a lien upon the property. In addition the
enforcement officer may pursue any other legal remedy available.
(a) The existence of any garbage or refuse upon the premises which
promotes infestation of rats or other vermin or which substantially interferes
with the value of other property or the use or enjoyment of other property.
(b) The existence of any condition which constitutes a fire hazard.
(c) The existence of any buildings which are abandoned, partially
destroyed or left in a state of partial construction for an unreasonable
period of time.
(d) The existence of any dangerous building or structure upon the
premises as defined by the Uniform Code for the Abatement of Dangerous
Buildings.
(e) The existence of any attractive nuisance dangerous to children
including but not limited to abandoned or broken equipment and machinery,
household appliances such as refrigerators, pools, ponds or excavations.
(f) The existence of any condition or use which unlawfully obstructs
the free passage or use, in the customary manner, of any navigable stream,
river, canal, bay or basin or any public park, square, street or highway.
(g) The existence of any body of stagnant water or other liquid in
which mosquitos or other insects may breed, or which may generate noxious or
offensive gases or odors.
(h) The existence of any improperly covered accumulation of manure,
human or animal feces, or garbage which may serve as a breeding ground for
flies, mosquitos, rodents or other vermin, or which gives forth noxious or
offensive odors.
(i) The existence of any condition or use causing dense smoke, gas,
soot, cinders or other particulate matter in such quantities as to render the
occupany of surrounding properties uncomfortable to a person of ordinary
sensibilities.
(j) The existence of any condition in required front yard or side
yard setbacks which creates a hazard by blocking visibility of traffic
approaching intersections.
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(k) The existence of any vehicles parked in required front yard or
sideyard setbacks in any residential zone except those vehicles parked on a
paved driveway. Vehicles may be parked in sideyard setbacks if they are
screened by a solid, nontransparent fence six (6') feet in height, and are
located no closer than three (3') feet to any exit of a building used for
human habitation.
(1) The existence of any broken windows in or the absence of exterior
doors to any building which tend to attract trespassers or malicious mischief.
(m) The existence of any tree or shrub which subsequent to the
installation of a solar collector on the property of another, casts a shadow
greater than ten (10%) percent of that collector's absorbtion area between the
hours of 10:00 a.m. and 2:00 p.m. Pacific Standard Time. This section shall not
apply to specific trees or shrubs which at the time of the installation of the
solar collector or during the remainder of that annual solar cycle, cast a
shadow upon that solar collector.
(n) The existence of any animals on the premises which significantly
affect the health, safety or welfare of the community.
(o) The existence of any barbed wire or razor ribbon fences within
four (4') feet of any public sidewalk or street right-of-way and at a height
of less than six (6') feet from the ground level; or any wire, twine, or rope
fences consisting of one or more strands, less than three (3') in height and
within three (3') feet of any public sidewalk; or any electric fences or any
fences or walls with pieces of glass or other sharp objects (not including
barbed wire) embedded or affixed to the top thereof.
(p) The existence of any condition or use which poses a serious threat
to the public's health or safety.
(q) The existence of any condition or use which obstructs, injures
or interferes with the reasonable or free use of property in the same
neighborhood or which is indecent or offensive to the senses.
(r) The existence of any building on which the condition of the paint
has become so deteriorated as to permit decay, cracking, peeling, dry rot,
warping or termite infestation thereby rendering the buildings unsightly and
causing a depreciation of nearby property values.
Section 8.24.040 Right of entry for enforcement officer
(a) Whenever an enforcement officer has reason to believe that a
nuisance exists or that an inspection is necessary to enforce any provision
of this chapter, the officer may enter the premises at any reasonable time
to perform the inspection or any other duty imposed by this chapter.
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(b) The enforcement officer shall present proper identification,
state the purpose of the visit and request permission of the owner or
responsible person to enter the premises. If entry is refused, the
enforcement officer shall have recourse to every remedy provided by law to
secure entry.
(c) When the enforcement officer has first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or responsible
person shall fail or neglect, after proper request is made as herein provided,
to promptly permit entry therein by the enforcement officer for the purpose of
inspection and examination pursuant to this chapter.
Section 8.24.050 Notice to abate
(a) Upon discovery of any public nuisance as defined in Section 8.24.030,
the enforcement officer shall notify the owner and any responsible person that the
nuisance shall be abated by the city at such person's expense unless they appear at
the stated time and place to show cause why there should be no abatement.
(b) The Notice to Appear shall be substantially in the following form:
NOTICE TO ABATE PUBLIC NUISANCE
YOU ARE HEREBY NOTIFIED as the owner, agent, lessee
or other person occupying or having control of the premises
at ( address ), that pursuant to Subsection of
Section 8.24.030 of the South San Francisco Municipal Code
the undersigned has determined that there exists upon the
above-referenced premises a public nuisance, specifically
( description of condition constituting nuisance). A copy
of Section 8.24.030 is attached.
You are hereby required to abate this condition to the
satisfaction of the undersigned within days of the date
of this notice or to appear at the offi~of the City Manager
at 400 Grand Avenue, South San Francisco, CA. at
to show cause, if any exists, why the condition or use s~'6-uld
not be abated by the City, and the expenses thereof charged to
you as a personal obligation and/or made a lien upon the
property.
Abatement is to be accomplished in the following manner:
(description of what needs to be done to remedy situation).
(Name of Department and Department Head)
By:
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(c) The enforcement officer shall post at least one (1) copy of the notice
in a conspicious place on the property in question. In addition, the enforcement
officer shall send by certified mail one (1) copy of the notice to the owner of
the property as shown in the latest assessment rolls and to any other responsible
persons. The posting and mailing shall be completed at least ten (10) days prior
to the date scheduled for a hearing.
(d) After giving notice as required above, the enforcement officer
shall file a copy of the notice, together with an affidavit or certificate
stating the time and manner in which such notice was given in the office of
the city clerk. The failure of the owner or any other responsible person to
receive such notice shall not affect in any manner the validity of any
proceedings pursuant to this chapter.
Section 8.24.060 Abatement of nuisance prior to scheduled hearing
Any owner or responsible person may, at their own expense and prior to
the scheduled hearing, abate a declared nuisance in accordance with the
provisions of the notice sent by the enforcement officer, provided that all
necessary permits are first obtained. If the enforcement officer determines
that the nuisance has been abated, the proceedings under this chapter shall
be terminated.
Section 8.24.070 Manner of conducting hearing
(a) At the time and place designated in the notice, the hearing
officer shall hear and consider all relevant evidence, including but not
limited to applicable staff reports, oral, physical and documentary evidence
regarding the alleged nuisance and proposed method of abatement. The hearing
may be continued from time to time.
(b) The enforcement officer shall bear the burden of proving by a
preponderance of the evidence that a public nuisance exists.
(c) All oral evidence shall be heard only on oath or affirmation.
(d) The owner or any responsible person may be represented by anyone
of their choice or may represent themselves.
(e) The hearing shall not be conducted according to the formal rules
of evidence. Any relevant evidence shall be admitted if it is the type of
evidence on which reasonable persons are accustomed to rely on in the conduct
of serious affairs, regardless of the existence of any common law or statutory
rule which might make improper the admission of such evidence over objection
in civil actions in courts of competent jurisdiction in this state. However,
irrelevant or unduly repetitious evidence shall be excluded.
(f) Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence, but hearsay evidence shall not be sufficient by
itself to support a finding unless it would be admissable over objections in
civil actions in courts of competent jurisdiction in this state.
(g) The parties in the hearing shall have the following rights:
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(1) To call and examine witnesses on any matter relevant to
the issues of the hearing.
(2) To cross-examine opposing witnesses on any matter relevant
to the issues of the hearing;
(3) To impeach any witness, regardless of which party first
called such witness to testify;
(4) To rebut the evidence against such parties;
(5) To request the hearing officer to take official notice of
any fact which would be subject to judicial notice by the courts of
this state.
(h) Within ten (10) days after the conclusion of the hearing, the
hearing officer shall issue a written decision and where applicable, an Order
of Abatement. This decision shall set forth the factual findings made by the
hearing officer, a conclusion as to whether a public nuisance exists, the manner
of abatement and the date of abatement which shall be within thirty (30) days of
the date on which the decision becomes final.
If the hearing officer determines that a nuisance exists which is
likely to recur after abatement, the owner may be directed to take adequate
precautions for a period of time not to exceed one (1) year so that the nuisance
will not recur. Copies of the decision shall be sent to the owner, responsible
persons and the enforcement officer.
Section 8.24.080 Appeal of hearing officer's decision
(a) The decision of the hearing officer may be appealed to the city
council within ten (10) working days of receipt of the decision by filing written
notice of appeal with the city clerk. The clerk shall schedule the appeal hearing
for the next regularly scheduled meeting of the council. If an appeal is not
timely filed the hearing officer's decision shall be deemed final.
(b) At the regular meeting at which the appeal shall be presented, the
council shall hear brief arguments by the owner or responsible person or their
representative and the enforcement officer or city attorney. No new evidence
shall be presented. Based on the record established before the hearing officer,
the hearing officer's decision and oral argument, the council shall affirm, revoke
or modify the decision of the hearing officer.
(c) The decision of the council shall be final.
Section 8.24.090 Abatement after hearing
(a) Any owner or responsible person may, prior to action by the city
and at their own expense, abate the nuisance in the manner directed by the
Order of Abatement. All necessary permits shall be obtained before any such
abatement is carried out.
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(b) If the enforcement officer determines that the owner or responsible
person has completely abated the nuisance, all proceedings under this chapter
shall be terminated.
(c) If the enforcement officer determines that the nuisance still
exists, it shall be abated by the city in the manner described in the Order of
Abatment.
Section 8.24.100 Notice of cost of abatement
(a) The enforcement officer shall keep an itemized statement of costs
incurred by the city in inspecting and abating a public nuisance. Once the
abatement is completed, the enforcement officer shall provide a copy of this
statement to the owner of the property in question, to any responsible persons
and the city manager.
(b) The owner or responsible person may request a hearing before the
city manager to contest the statement of costs. The request for a hearing shall
be made within ten (10) days of receipt of the statement or the right to hearing
shall be deemed waived.
(c) The city manager shall review the statement of costs and any
information presented by the owner or responsible person. The city manager may
make any necessary revisions, corrections or modifications. The city manager's
decision shall be mailed to the owner and all responsible persons. The
decision of the city manager shall be final.
Section 8.24.110 Assessment of costs
The procedure for recording the statement of costs as a lien against the
lot(s) or parcel(s) involved shall be as follows:
(a) If payment of the assessed costs and expenses is not received by
the finance division within thirty (30) days of the date appearing on the final
decision sent by the city manager pursuant to Secton 8.24.100, the finance
director shall send to the city clerk two (2) originals of a declaration that
payment was not received.
(b) Upon receipt of the declaration of the finance director, the city
clerk shall set a hearing before the city council for the purpose of adopting a
resolution confirming the statement of costs.
(c) After adoption of the resolution by the city council, the city clerk
shall forward to the office of the recorder of the County of San Mateo the following
items:
(1) One original certification by the finance director that
payment was not received.
(2) One certified true copy of the resolution of the city
council confirming the statement of costs with the statement of
costs attached thereto as an exhibit.
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Section 8.24.120 Summary abatement of immediate dangers
(a) Whenever any condition on or use of property causes or constitutes
or reasonably appears to cause or constitute an imminent or immediate danger to
the health or safety of the public, the condition or use may be summarily abated
by the city without notice or hearing.
(b) When summary abatement is necessary, it shall be ordered only by
the city manager or the person performing the duties of city manager pursuant to
Section 2.36.020 of this code.
(c) Summary abatement shall be limited to those actions necessary to
eliminate the immediate threat to the public health and safety.
(d) Notice of the summary abatement shall be provided to the owner or
other responsible parties as provided for in Section 8.24.050(c) as soon as
practical.
(e) The costs and expenses of a summary abatement shall be made a lien
on the property and shall be collected pursuant to the procedure found in
Section 8.24.110.
Section 8.24.130 Violation--Penalty
(a) Any person owning, leasing, occupying or having charge or
possession of any real property in the city who maintains, permits or suffers
to be maintained such property in any condition constituting a nuisance as set
forth in this chapter shall be guilty of a misdemeanor and upon conviction shall
be punished as set forth in Chapter 1.24 of this code.
(b) Any person who causes or maintains on public property conditions
defined herein as nuisances shall be guilty of a misdemeanor and upon conviction
shall be punished as set forth in Chapter 1.24 of this code.
SECTION 4. Sections 8.48.030 and 8.48.170 of the South San Francisco
Municipal Code Amended
Sections 8.48.030 and 8.48.170 of the South San Francisco Municipal Code
are hereby amended to read:
Section 8.48.030 Exemptions
(a) This chapter shall not apply to the following:
(1) A vehicle, or parts thereof, which is completely enclosed
within a building in a lawful manner so that it is not visible from
the highway or other public or private property;
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(2) A vehicle, or parts thereof, which is located behind a
solid fence six (6') feet in height or which is not plainly visible
from a highway;
(3) A vehicle, or parts thereof, which is stored or parked in
a lawful manner on private property in connection with the business
of a licensed auto dismantler, vehicle dealer or junk dealer, or
when such storage or parking is necessary to the operation of a
lawfully conducted business or commercial enterprise.
(b) Nothing in this section shall authorize the maintenance of a public
or private nuisance as defined under provisions of law other than Chapter 10
(commencing with Section 22650) of Division 11 of the Vehicle Code, and this
chapter.
Section 8.48.170 Penalty for violations
(a) Any person violating any provision of this chapter shall be guilty
of an infraction and upon conviction shall be subject to payment of a fine not
to exceed the limits set forth in Section 36900 of the Government Code.
(b) Any person violating any provision of this chapter shall be guilty
of a separate offense for each and every day during which the violation is
committed.
SECTION 5. Sections 9.08.060 and 9.08.090 of the South San Francisco
Municipal Code Amended
Sections 9.08.060 and 9.08.090 of the South San Francisco Municipal Code
are hereby amended to read:
Section 9.08.060 Permit-Appeal Procedure
The health officer's determination recommending that the permit be denied
shall be subject to an appeal to the city manager. Notice of such appeal shall
be filed with the city clerk within ten days after denial of the permit. If
notice is not filed within the ten day period, the determination of the health
officer shall be final and conclusive.
Section 9.08.090 Violation-Penalty
Any person violating any provision of this chapter shall be guilty of an
infraction and upon conviction shall be subject to payment of a fine not to
exceed the limits set forth in Section 36900 of the Government Code.
SECTION 6. Sections 13.28.210 and 13.28.220 of the South San Francisco
Municipal Code Amended
Sections 13.28.210 and 13.28.220 of the South San Francisco Municipal Code
are hereby amended to read:
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Section 13.28.210 Abatement of public nuisance street trees - Trees
privately maintainted
(a) Upon discovery of a public nuisance as defined in Section
13.28.190, the superintendent of public works shall notify the owner of the
property or any other person responsible for the nuisance that the nuisance
shall be abated by the city at such person's expense unless they appear at
the stated time and place to show cause why there should be no abatement.
(b) The Notice to Appear shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
YOU ARE HEREBY NOTIFIED as the owner, agent, lessee
or other person occupying or having control of the premises
at ( address ), that the Superintendent of Public Works has
determined pursuant to Subsection of Section 13.128.190
of the South San Francisco Municipal Code that there exists
upon the above-referenced premises a public nuisance,
specifically ( description of condition constituting nuisance).
A copy of Section 13.28.190 is attached.
You are hereby required to abate this condition to the
satisfaction of the Superintendent of Public Works within
days of the date of this notice or to appear at the offic~
the City Engineer at 400 Grand Avenue, South San Francisco, CA.
at M. to show cause, if any exists, why the condition
should not b---e abated by the City, and the expenses thereof
charged to you as a personal obligation and/or made a lien
upon the property.
Abatement is to be accomplished in the following manner:
(description of what needs to be done to remedy situation).
Superintendent of Public Works
By:
(c) The superintendent shall post at least one (1) copy of the notice
in a conspicious place on the property in question. In addition, one (1) copy
of the notice shall be sent by certified mail to the owner of the property and
to any other persons responsible for the nuisance. The posting and mailing shall
be completed at least ten (10) days prior to the date scheduled for a hearing.
(d) After giving notice as required in subsection (c) the superintendent
shall file a copy of the notice, together with an affidavit or certificate stating
the time and manner in which such notice was given, in the office of the city clerk.
The failure of the owner or any other responsible party to receive such notice shall
not affect in any manner the validity of any proceedings pursuant to this section.
(e) At the time and place designated in the notice, city engineer, shall
hear any relevant evidence offered by the owner or other responsible person and
may affirm, revoke or modify the superintendent's decision to abate.
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(f) If the superintendent's decision to abate is affirmed, the owner or
other responsible person may file a written appeal to the city manager within
ten (10) days of the decision. An appeal hearing shall be scheduled within ten (10)
days of receipt of the appeal. After the appeal hearing, the city manager may
affirm, revoke or modify the decision of the city engineer. The decision of the
city manager shall be final.
(g) The owner or responsible person shall be responsible for all costs
incurred by the city in abating the nuisance. In addition, any such costs may be
imposed as a lien upon the property. Costs shall be collected in the manner
provided for in Sections 8.24.100 and 8.24.110 of this code.
(h) At any time prior to abatement by the city, the owner or responsible
person may abate the nuisance at their own cost provided that the abatement is
accepted as satisfactory by the superintendent.
Section 13.28.220 Violation - Penalty
Any person violating any provision of this chapter shall be guilty of an
infraction and upon conviction shall be subject to payment of a fine not to
exceed the limits set forth in Section 36900 of the Government Code.
SECTION 7.
Section 14.04.030 of the South San Francisco Municipal Code
Amended
Section 14.04.030 of the South San Francisco Municipal Code is hereby amended
to read:
Section 14.04.030 Penalty for violation
Any person who violates any provision of this chapter shall be guilty of a
misdemeanor and upon conviction shall be punished as provided for in Chapter 1.24
of this code.
SECTION 8. SEVERABILITY
In the event that any section or portion of this ordinance shall be
determined invalid or unconstitutional, that section or portion shall be
deemed severable and all other sections or portions of this ordinance shall
remain in full force and effect.
SECTION 9. EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds, pursuant to Title 14 of the California Administrative
Code, Section 15378, that this ordinance is exempt from the requirements of the
California Environmental Quality Act (CEQA) in that:
(a) It is not a project as provided by the Act, in that it does not
have a potential for resulting in a detrimental physical change in the environment,
directly or ultimately as provided in Title 14, Section 15378(a);
(b) It is further exempt under the definition of project in
Section 15378(b)(3) in that it concerns general policy and procedure making.
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SECTION 10. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a Summary of
this Ordinance shall be prepared by the City Attorney. At least five (5) days
prior to the Council meeting at which this ordinance is scheduled to be adopted,
the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's
Office a certified copy of this ordinance. Within fifteen (15) days after the
adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and
(2) post in the City Clerk's office a certified copy of the full text of this
ordinance along with the names of those City Council members voting for and
against this ordinance or otherwise. This ordinance shall become effective
thirty (30) days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South
San Francisco, held the 25th day of May , 1988.
Adopted as an Ordinance of the City of South San Francisco at a reqular
meeting of the City Council of the City of South San Francisco, held the 8th
day of
AYES:
NOES:
ABSTAIN:
ABSENT:
June , 1988, by the following vote:
Councilmembers Mark N. Addieqo, Richard A. Haffev, Gus Nicolopulos,
Roberta Cerri Teqlia, and Jack Drago
None
None
None
~ATTEST: ~rk~~
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 8th day of June , 1988.