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Home My WebLink About6.2 Establish Title I of Municipal Code CITY OF DUBLIN `y C ✓�� AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 8, 1986 SUBJECT PUBLIC HEARING - Ordinance Establishing Title I of the Dublin Municipal Code (General Provisions ) EXHIBITS ATTACHED Memorandum from Elizabeth Silver dated February 13, 1986; Draft Ordinance RECOMMENDATION d�-' Open Public Hearing g Receive Staff Presentation Hear Public Testimony Close Public Hearing Waive Reading and Introduce Ordinance FINANCIAL STATEMENT: None DESCRIPTION The attached proposed ordinance is brought to the City Council as part of the comprehensive revision of the City' s ordinances and development of a Municipal Code. This ordinance revises Title I, Chapter I of the Alameda County Code which the City adopted by Ordinance No. 13-82 . The proposed ordinance establishes definitions for words which will be used throughout the Municipal Code; penalty provisions for violation of any provision of the Municipal Code; an appeal process; a severability clause which would apply to all ordinances adopted and included in the Code; and a 90 day statute of limitations for filing a writ of mandate to challenge any administrative action taken by the Council or a Commission. This ordinance also requires that claims against the City for even those actions which are exempted by State Law. In essence, this ordinance establishes .the framework for the rest of the ordinances which will be incorporated in the Municipal Code . ---------------------------------------------------------------------------- COPIES TO: ITEM NO. 6 *- Z ?^... afl. NAVE & SILVER OAKLAND OFFICE: MICHAEL R. NAVE ATTORNEYS AT LAW 4014 LAKESHORE AVENUE ELIZABETH H. SILVER 1220 HOWARD AVENUE, SUITE 250 OAKLAND.CALIFORNIA 94810 P.O. BOX 208 TELEPHONE!(415)420.7855 BURLINGAME. CALIFORNIA REPLY TO Oakland 94011-0208 (415) 348.7130 MEMORANDUM TO: Richard Ambrose, City Manager DATE: 2/13/86 FROM: Elizabeth H. Silver RE: Municipal Code Enclosed is a draft of the provisions which should be contained in the first title of the Municipal Code. In addition to definitions, etc. , it includes a general appeals procedure (Section 7) which I recommend. Whenever an appeal must be provided, the other ordinances can merely refer to this section, rather than setting forth a separate appeals procedure. I have also drafted a section (Section 8) which would establish a 90-day statute of limitations for filing a writ of mandate to challenge any administrative action taken by the City Council or any commission. Without this section, there is no specified time limit for filing such an action. Finally, Section 9 will require anyone wishing to sue the City to file a claim even if it is the type of claim exempted by § 905 of the Government Code (such as a suit by employees for salaries, suits by a public agency, actions on bonds, assessments, etc. ) . Elizab th H. Silver EHS/cda Enclosures ORDINANCE NO. - 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 limits 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" shall 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. 1 (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. ,.•� rr ' : [S"a".-( .F'e cc� "' t A'Fy"� , .,,-° � �`?i.yrx�r..ag4 »�„ '�£"�pl b l i'A^ro�f a "�. . Section 11 . EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of 1986, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk