ADOPTING ORDINANCE

BEFORE THE BOARD OF SUPERVISORS, COUNTY OF SAN BENITO

AN ORDINANCE OF THE COUNTY      )               ORDINANCE NO. 832

OF SAN BENITO, ENACTING THE      )

2008 EDITION OF THE CODE OF         )

ORDINANCES FOR THE COUNTY OF      )

SAN BENITO REVISING, AMENDING,      )

RESTATING, CODIFYING,            )

COMPILING AND REPEALING         )

CERTAIN ORDINANCES AS         )

SPECIFIED HEREIN               )

   WHEREAS, the County of San Benito is empowered and authorized, pursuant to sections 25120 through 25131 and sections 50022 through 50022.10 of the California Government Code, to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form;

   WHEREAS, the Board of Supervisors of the County of San Benito desires to recodify certain provisions of the County of San Benito County Code in effect as of January 6, 2009 up through and including Ordinance Number 827 and certain amendments to the San Benito County Code which have not been previously adopted, all of which are included in Exhibit A to this Ordinance;

   WHEREAS, the Board of Supervisors has authorized a general compilation, revision and codification of the ordinances of the County of San Benito of a general and permanent nature and publication of such ordinance in book form;

   WHEREAS, the Board of Supervisors intends that, upon adoption of this Ordinance, Titles 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23 and 25, reserving Titles 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22 and 24 for later use, of the County Code, shall constitute the complete County Code for the County of San Benito, replacing, amending or recodifying all prior code sections;

   WHEREAS, Exhibit A is comprised of the newly codified amendments to the Code as well as certain recodified provisions of the existing Code, which are attached hereto and made a part of this Ordinance and when taken together, will constitute the 2008 San Benito County Code;

   WHEREAS, except as set forth herein, the Board of Supervisors desires the provisions contained in Exhibit A to supersede the existing San Benito County Code as codified in 1966 and subsequently amended and any other conflicting provisions of the existing San Benito County Code of Ordinances;

   WHEREAS, the Board of Supervisors has independently reviewed the Notice of Exemption and its supporting documents in reaching the following findings, which reflect the independent judgment of the County Supervisors;

   WHEREAS, the County has on file in the Office of the Clerk of the Board of Supervisors, for public inspection, copies of Exhibit A, with the copy thereof certified as a true copy by the Clerk of the Board of Supervisors;

   WHEREAS, the Code provisions to be adopted or recodified as set forth in Exhibit A are consistent with the General Plan and serve to implement its policies;

   WHEREAS, the Board of Supervisors has conducted a duly noticed public hearing at which time it heard and considered public testimony regarding the adoption of Exhibit A, including the newly codified amendments to the Code, and the recodification of existing provisions of the Code.

The Board of Supervisors of the County of San Benito ordains as follows:

Section 1.   Recodification and Adoption of Certain Titles of the San Benito County Code of Ordinances.

   The 2008 Edition of the San Benito County Code of Ordinances, as set forth in Exhibit A, is hereby adopted pursuant to the provisions of Sections 25120 through 25131 and Sections 50022 through 50022.10 of the California Government Code. Any amendments to the San Benito County Code of Ordinances, which have not been previously adopted, are also set out in Exhibit A to this Ordinance, and have been integrated into the newly codified Code and will take effect with adoption of the Code. A copy of Exhibit A has been filed and is on file in the office of the Clerk of the Board of Supervisors for public inspection, and each and all of the provisions, terms and penalties of said Code on file in the office of the Clerk of the Board of Supervisors are hereby referred to, adopted, incorporated herein and made a part of this Ordinance as if fully set forth in this Ordinance.

Section 2.   Repeal of Certain Ordinances and Certain Ordinances to Remain in Effect.

   Except as otherwise provided in this Ordinance and Code adopted hereby, all provisions of the 1966 Code are hereby repealed on the effective date of this Ordinance.

Section 3.   Superseded Ordinances.

   All ordinances adopted and in effect as of the effective date of this Ordinance, other than those listed on Exhibit A hereto, except as hereafter provided, are superseded to the extent they conflict with the provisions of the Code identified in Section 1 herein and adopted herein.

Section 4.   Effect on Past Actions and Obligations.

   The repealing provisions of the 2008 Edition of the San Benito County Code shall not affect or impair any act done or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act, vested right, proceeding, suit, or prosecution shall remain in full force and effect for all purposes as if the applicable provisions of the 1966 Code, or part thereof, had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the repeal or alteration of an applicable provision of the 1966 Code as amended, shall be discharged or affected by such appeal or alteration but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceed in all respects as if the applicable provisions of the 1966 Code as amended, had not been repealed or altered. No such repeal shall affect any ordinance or resolution promising or guaranteeing the payment of money for the county or authorizing the issue of any bonds of the county or any evidence of the county's indebtedness or any contract or obligation assumed by the county; nor shall it affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets, highways, roads or alleys in the county; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect, or pertaining to subjects not contained in or covered by the 2008 Edition of the San Benito County Code; nor shall it affect any ordinance relating to the classification or compensation of the county officers or employees; nor shall it affect any ordinance relating to any zoning map; nor shall it affect any ordinance or amendment thereto pertaining to participation in the state employees' retirement system or the licensing of businesses.

Section 5.   Adoption of Notice of Exemption.

   Based on the Notice of Exemption and the record before the Board of Supervisors, and for the reasons stated in the Notice of Exemption, the Board of Supervisors finds that the proposed Code provisions as approved are exempt pursuant to California Public Resources Code section 21083 (California Environmental Quality Act [CEQA]) and California Code of Regulations title 14 section 15061(b)(3) [14 CCR § 15061(b)(3) (CEQA Guidelines)], because it can be seen with certainty that there is no possibility that revising, amending, restating, codifying and compiling existing ordinances and all new ordinances not heretofore adopted or published, and incorporating such ordinances into one ordinance in book form may have a significant effect on the environment and because it does not meet the definition of a "project" subject to environmental review under CEQA, as defined in CEQA Guideline 15378(a) [14 CCR § 15378(a)]. Instead, it merely involves organizational or administrative activities of the County of San Benito that will not result in direct or indirect physical changes in the environment, as defined in CEQA Guideline 15378(b)(5) [14 CCR § 15378(b)(5)].

Section 6.   Severability, Savings and Resurrection Provisions.

   To the extent the provisions of the 2008 Edition of the San Benito County Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.

   If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or the Code adopted by it, 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 Ordinance, or the Code adopted by it.

   Further, if for any reason any section, subsection, sentence, clause, phrase or portion of this Ordinance or the Code adopted by it is held invalid or cannot be implemented according to its terms, the Board of Supervisors intends that the ordinance provisions which would have been amended or affected by the invalid provisions of the Ordinance or Code adopted by it shall remain in effect as if this Ordinance had not been adopted.

   The Board of Supervisors hereby declares that it would have adopted this Ordinance, the Code adopted by it and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

Section 7.   References on Signage, Notices and Documents of Continuing Legal Effect.

   References to San Benito County Code sections cited on signage within the County, notices issued by the County and other documents of ongoing or continuing legal effect, until updated to reflect the numbering scheme of the Code adopted hereby, are deemed to be references to the counterpart sections of the Code adopted by this Ordinance for the purposes of notice and enforcement. The provisions adopted hereby shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the Code adopted hereby.

Section 8.   Table of Contents and Defined Terms.

   The Table of Contents appearing at the beginning and the Statutory References, Tables and Index appearing at the end of the 2008 Edition of the San Benito County Code, are not adopted by this Ordinance, but are included for convenience only, and shall be editorially changed from time to time to conform with amendments and additions to this Code. The titles and headings to the sections hereunder are not part of this ordinance or of the 2008 Edition of the San Benito County Code, and shall have no effect upon the construction or interpretation of any part hereof.

Section 9.   Voter Approved Ordinances.

   The 2008 Edition of the San Benito County Code, as adopted by this Ordinance, codifies voter-approved ordinances. It is not the intent of this Ordinance to change the substance of those voter-approved ordinances and the 2008 Edition of the San Benito County Code shall be interpreted in the light of that intent.

Section 10.   Certification and Publication.

   The Clerk of the Board of Supervisors shall certify to the passage and adoption of this Ordinance and shall cause a summary of the same to be published once, with the names of the members of the Board of Supervisors voting for and against the ordinance in a newspaper of general circulation in the County of San Benito, State of California, before expiration of fifteen (15) days after passage of this ordinance. The Clerk of the Board of Supervisors is further directed and authorized to insert the date of adoption of this Ordinance in the appropriate places in the 2008 Edition of the San Benito County Code.

Section 11.   Effective Date.

   This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage and adoption. The 2008 Edition of the San Benito County Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained, and of the date of passage, and that the same is properly signed, attested, recorded and approved, and that any public hearings and notices thereof as required by law have been given.

Introduced at a regular meeting of the Board of Supervisors held on the 25th day of November, 2008. Final passage and adoption by the Board of Supervisors of the County of San Benito was at a regular meeting of said Board, following a duly noticed public hearing held on the 6th day of January, 2009, by the following vote:

Ayes:      Supervisor(s):   MONACO, LOE, BARRIOS, BOTELHO

Noes:      Supervisor(s):   DE LA CRUZ

Absent:   Supervisor(s):   NONE

Abstaining:   Supervisor(s):   NONE

   By:                                                  

            , Chair

ATTEST:                              APPROVED AS TO LEGAL FORM:

Linda Churchill                           San Benito County Counsel's Office

Clerk of the Board of Supervisors

By:                                                         By: Shirley L. Murphy /s/

                         Shirley L. Murphy, Deputy County Counsel

Date:                                                       Date: Dec. 23, 2008

   AN ORDINANCE OF THE COUNTY OF SAN BENITO, ENACTING THE 2008 EDITION OF THE CODE OF ORDINANCES FOR THE COUNTY OF SAN BENITO REVISING, AMENDING, RESTATING, CODIFYING, COMPILING AND REPEALING CERTAIN ORDINANCES AS SPECIFIED HEREIN

EXHIBIT A

2008 EDITION OF THE SAN BENITO COUNTY CODE, copy on file with the Clerk of the Board of Supervisors and available for public inspection;

Ordinance No. 828: Setting the Compensation for the Board of Supervisors, adopted by the San Benito County Board of Supervisors on May 14, 2008, copy on file with the Clerk of the Board of Supervisors and available for public inspection;

Ordinance No. 829: Amending Chapter 17 (section 17-63), Subdivision, adopted by the San Benito County Board of Supervisors on July 2, 2008, copy on file with the Clerk of the Board of Supervisors and available for public inspection.