ADOPTING ORDINANCE

ORDINANCE NO. 094-1065

AN ORDINANCE OF THE CITY OF SAN MARINO ENACTING AND ADOPTING THE SAN MARINO CITY CODE (WHICH CODE CONSISTS OF REGULATORY, PENAL AND CERTAIN ADMINISTRATIVE REGULATIONS AND PROVISIONS OF THE CITY AND PROVIDES FOR PENALTIES FOR VIOLATIONS), AND ADOPTING BY REFERENCE PURSUANT TO GOVERNMENT CODE SECTION 50022.2, LOS ANGELES COUNTY CODE, TITLE 11, HEALTH AND SAFETY, DIVISION 1, HEALTH CODE, AS IN EFFECT ON MAY 11, 1990, CALIFORNIA BUILDING CODE, 1991 EDITION, CALIFORNIA MECHANICAL CODE, 1991 EDITION, CALIFORNIA PLUMBING CODE, 1991 EDITION, NATIONAL ELECTRICAL CODE, 1990 EDITION, CALIFORNIA FIRE CODE, 1991 EDITION, THE UNIFORM ADMINISTRATIVE CODE, 1988 EDITION, AND THE STATE OF CALIFORNIA, SEISMIC SAFETY COMMISSION DRAFT MODEL ORDINANCE, FEBRUARY 1990 EDITION, AS AMENDED AND IN EFFECT ON NOVEMBER 1, 1990, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED OR AMENDED BY THE PROVISIONS OF THE SAN MARINO CITY CODE; PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN.

   THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:

   Section 1. Adoption of the San Marino City Code. That certain document entitled "San Marino City Code" (the "Code"), a copy of which has been filed and is on file in the office of the City Clerk for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by reference as a comprehensive ordinance Code for the City of San Marino pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk 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. All ordinances of the City in force upon the effective date of the Code are hereby repealed except as follows:

      (a) Ordinances codified by the Code;

      (b) Ordinances amending the Zoning Map which are listed in the Uncodified Ordinance List on file in the office of the City Clerk;

      (c) Ordinances relating to matters of a special or temporary nature, which ordinances are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and

      (d) All Ordinances amending this Code adopted subsequent to Ordinance No. 094-1058, which ordinances shall be codified and be incorporated into the San Marino City Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and approved.

   Section 3. Superseded Ordinances. All ordinances codified by the Code are superseded to the extent they conflict with the Code.

   Section 4. Savings Provisions. The repealing provisions of the San Marino City 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 done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered.

   Section 5. Penalty Provisions

      (a) Violations a misdemeanor. No person shall violate any provision or fail to comply with any of the requirements of the San Marino City Code. Any person violating any of the provisions of the Code or violating any provision of any permit, license or exception granted thereunder or failing to comply with any of the requirements thereof, shall be guilty of a misdemeanor unless such violation or failure to comply is expressly stated by such Code to be an infraction or is prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of the City Code shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of such Code is committed, continued, or permitted by such person and shall be punishable accordingly.

      (b) Infractions. Any person violating any provision or failing to comply with any mandatory requirement of the San Marino City Code expressly stated by such Code to be an infraction or prosecuted as an infraction shall be guilty of an infraction. Any person convicted of an infraction shall be punishable by:

      (1)   A fine not exceeding one hundred dollars ($100.00) for a first violation;

      (2)   A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of such Code within one (1) year;

      (3)   A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of such Code within one (1) year.

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the City Code is committed, continued or permitted by such person and shall be punishable accordingly.

      (c) Public nuisances. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of the City Code shall be deemed a public nuisance and may, by this City, be summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.

   Section 6. Penalties for Violation of Secondary Codes.

      (a) Any person, firm, corporation or association violating any of the provisions of Los Angeles County Code, Title 11, Health and Safety, Division 1, the Health Code or of the State of California Seismic Safety Commission Draft Model Ordinance, February 1990 Edition, adopted by reference herein or violating any provision of any permit, license or exception granted thereunder or failing to comply with any of the requirements thereof shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction shall be punishable by:

         (1)   A fine not exceeding one hundred dollars ($100.00) for a first violation;

         (2)   A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of such Code within one (1) year;

         (3)   A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of such Code within one (1) year. Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person.

Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person.

      (b) It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, equip, use, occupy or maintain any building structure or building service equipment or permit the same to be done in violation of the California Building Code, the Uniform Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Fire Code or the Uniform Administrative Code or any permit or certificate issued pursuant to said Codes, and any such person, firm or corporation shall be guilty of a misdemeanor, unless such violation is prosecuted as an infraction, and upon conviction thereof shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. Any person convicted of an infraction shall be punishable by:

         (1)   A fine not exceeding one hundred dollars ($100.00) for a first violation;

         (2)   A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of such Code within one (1) year;

         (3)   A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of such Code within one (1) year. Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person.

Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person.

   Section 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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. The City Council hereby declares that it would have adopted this Ordinance 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 8. Effective Date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and approval.

   PASSED, APPROVED AND ADOPTED this 14th day of December, 1994.

   I HEREBY CERTIFY that the foregoing Ordinance No. 094-1065 was duly adopted by the City Council of the City of San Marino at a Regular Meeting of the City Council, held on December 14, 1994, by the following vote:

AYES:   COUNCILMEMBERS CROWLEY, DRYDEN, FILUTZE, VICE MAYOR COTTON, AND MAYOR LESAGE.

NOES:   NONE.

ABSENT:   NONE.