HomeMy WebLinkAboutOrd 21-86 GeneralProvisionsCodeORDINANCE NO. 21 - 86
AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING
TITLE I OF THE DUBLIN MUNICIPAL CODE (GENERAL PROVISIONS)
The City Council of the City of Dublin does ordain as follows:
TITLE I GENERAL PROVISIONS
Chapter 1
Section 1. CITATION: This Code shall be known and may be
cited for all purposes, including amendment, as the Dublin
Municipal Code.
Section 2. DEFINITIONS: The following words and phrases
shall be construed as defined herein unless from the context a
different meaning is intended, or unless a different meaning is
specifically defined:
(a) CITY. "City" shall mean the area within the territorial
city limit~ of the City of Dublin.
(b) CITY MANAGER. "City Manager" shall mean the City
Manager, or his designee.
(c) CIVIL CODE PROVISIONS. The provisions of §§ 13 and 1645
of the Civil Code of the State of California are hereby
adopted in the interpretation of word and phrases,
unless otherwise provided herein.
(d) CODE REFERENCES. Whenever reference is made to any
portion of this Code or of any other law of the State,
the reference applies to all amendments and additions
now or hereafter made.
(e) COUNCIL. "Council" shall mean the City Council of this
City.
(f) DAYS. "Days" sha'll mean calendar days.
(g) GENDERS. Any gender includes the other gender.
(h) OFFICE. The use of the title of any officer, employee,
or any office or ordinance shall mean such officer,
employee, office or ordinance of the City of Dublin,
unless otherwise specifically designated.
(i) PERSON. "Person" shall mean natural person, joint
venture, joint stock company, partnership, association,
club, company, corporation, business trust, organization
or the manager, lessee, agent, servant, officer or
employee of any of them.
(j) SHALL AND MAY. "Shall" is mandatory; "May" is
permissive.
(k) SINGULAR AND PLURAL. The singular number includes the
plural, and the plural the singular.
(1) STREET. "Street" shall include all streets, highways,
avenues, lanes, alleys, courts, places, squares, curbs
and other public ways in this City which have been or
may hereafter be dedicated and open to public use, or
such other public property so designated in any law of
this State.
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(m) TENSES. Words used in the present tense include the
past and future tenses and vice versa.
(n) USE OF WORDS AND PHRASES. Words and phrases used in
this Code and not specifically defined shall be
construed according to the context and approved usage of
the language.
(o) WRITTEN. "Written" shall include printed, typewritten,
mimeographed, or multigraphed.
Section 3. VIOLATIONS AS MISDEMEANORS OR INFRACTIONS;
PENALTIES:
(a) Violation of any provision of this Code shall constitute
a misdemeanor and shall be punishable by imprisonment in
the county jail not exceeding six (6) months, or by fine
not exceeding one thousand dollars ($1,000), or by both.
(b) Causing, permitting, aiding, abetting or concealing a
violation of any provision of this Code shall constitute
a violation of such provision.
(c) A separate offense shall be deemed committed each day a
violation of any provision of this Code occurs or
continues.
Section 4. CIVIL ACTION: The provisions of this Code may
be enforced by civil action.
Section 5. SEVERABILITY: If any title, chapter, article,
section, sub-section, sentence, clause or phrase of this Code is
for any reason held unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this
Code. The City Council hereby declares that it would have passed
this Code and each title, chapter, article, section, sub-section,
sentence, clause or phrase thereof irrespective of the fact that
any one (1) or more titles, chapters, articles, sections,
sub-sections, sentences, clauses or phrases are declared
unconstitutional or invalid.
Section 6. SAVINGS PROVISION: With' respect to violations,
rights accrued, liabilities incurred, or appeals taken prior to
the effective date of this Code under any provisions of the City's
ordinances in effect prior to the effective date of this Code all
provisions of said City ordinances or any part thereof shall be
deemed to remain in full force for the purpose of sustaining any
proper suit, action, or other proceeding, with respect to any such
violatiOn, right, liability or appeal.
Section 7. APPEAL TO CITY MANAGER OR CITY COUNCIL:
(a) Any person excepting to the denial, suspension or
revocation of a permit or license applied for or. held by
him pursuant to any of the provisions of this Code, or
to any administrative decision made by any official of
the City pursuant to any of the provisions of this Code
may appeal to the City Manager or City Council, as the
case may be, when the right to appeal is specifically so
provided in this Code by reference to this section, by
filing a written notice of appeal with the City Clerk,
setting forth the specific grounds thereof.
(b) Notice of such appeal shall be filed with the City Clerk
within fourteen (14) calendar days after the date written
notice of such action appealed from was mailed or personally
delivered to the appellant, but in no event later than
twenty (20) calendar days after the date of such action.
(c) The City Clerk shall forthwith set a date for hearing before
either the City Council or City Manager, as the case may be,
and shall give the appellant at least five (5) calendar
days' notice of the time and place of said hearing.
(d) At such hearing the appellant shall show cause on the
grounds specified in the notice of appeal why the action
excepted to should not be approved. The City Manager or
City Council, as the case may be, may continue the hearing
from time to time. The findings on the appeal shall be
final and conclusive in the matter.
Section 8. JUDICIAL REVIEW OF ADMINISTRATIVE DECISION: Any
interested person seeking judicial review pursuant to Code of Civil
Procedure ("CCP") § 1094.5 of any final decision, as defined in CCP
§ 1094.6(e), of the City Council or any boards, commissions, officers,
agents or employees of the City empowered to make such decisions may
do so only if the petition for writ of mandate pursuant to CCP
§ 1094.5 is filed within the time limits specified in CCP § 1094.6.
Section 9. CLAIMS FOR MONEY OR DAMAGES: Claims against the
City of Dublin for money or damages which are exempted by Government
Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of Division
3.6 of Title 1 of the Government Code of the State of California, and
which are not governed by any other statutes or regulations expressly
related thereto, shall be governed by this section. A claim relating
to such a cause of action shall be presented not later than one year
after the accrual of the cause of action. Such claims shall be
presented and processed as provided by Chapters 1 and 2 of Part 3 of
Division 3.6 of Title 1 of the Government Code in so far as said
provisions are not in conflict with this section.
No suit for money or damages may be brought against the City of
Dublin until a written claim therefore has been presented to the City
Council and has been acted upon or has been deemed to have been
rejected by the City Council, in accordance with this section.
Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the
Government Code, written agreements entered into by or in behalf of
the City of Dublin may provide all claims arising out of or related to
the agreement must be presented not later than the 100th day after the
accrual of the cause of action, and such claims shall be governed by
the provisions of this section.
Section 10. This Ordinance shall supersede the provisions of
Chapter 1 and 2 of Title 1 of the Alameda County Code, as adopted by
Dublin Ordinance No. 13.
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;'~e~ :.";~":.~;~'~~~ Section 11. EFFECTIVE DATE ~D POSTING OF O~IN~CE. This
~':.~. ~:~%~%~:~:~'~~ Ordinance shall take effect and be in force thirty (30) days from and
~. .... ;';~',.::~:~ ~,.~:~.~.~;:~:~c~.:~>;~;~ after the date of ~ts passage. ~e City Clerk of the City of Dublin
~'~ ~i~2~~~%j this 22nd day of Dece~er . , ~98~, by the following vote:
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::='"";"- ' f .... ~ "' ['" "' ~.~"~-.;- AYES: ~ , ~ u~ou'c:~mem~ers
Hegarty,
Moffatt,
Snyder,
Vonheeder
and Mayor
NOES: None
ABSENT: None
ATTEST:
'City CLe'rk~ ~--~-