Ordinance Number 398337
ORDINANCE NO. 398
ADOPTING THE SAN JUAN CAPISTRANO MUNICIPAL CODE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE SAN JUAN CAPISTRANO MUNICIPAL
CODE, TOGETHER WITH THE FOLLOWING SECONDARY CODES
THEREIN ADOPTED BY REFERENCE, TO WIT: THAT CERTAIN
CODE ENTITLED "UNIFORM FIRE CODE," 1976 EDITION,
INCLUDING ITS APPENDICES, PUBLISHED BY THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FIRE
CHIEFS ASSOCIATION, SAVE AND EXCEPT SUCH PORTIONS THEREOF
AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; THOSE CERTAIN
CODES ENTITLED "UNIFORM BUILDING CODE," 1976 EDITION,
INCLUDING THE APPENDIX THERETO, "UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS," 1976 EDITION,
"UNIFORM HOUSING CODE," 1976 EDITION, "UNIFORM MECHANICAL
CODE," 1976 EDITION, INCLUDING ITS APPENDICES AND THE
UNIFORM BUILDING CODE STANDARDS SET FORTH THEREIN,
AND THE "UNIFORM SWIMMING POOL CODE," 1976 EDITION,
ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS, SAVE AND EXCEPT SUCH PORTIONS
THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE
PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE;
THAT CERTAIN CODE ENTITLED "NATIONAL ELECTRICAL CODE,"
1978 EDITION, INCLUDING THE APPENDIX THERETO, PUBLISHED
BY THE NATIONAL FIRE PROTECTION ASSOCIATION, SAVE AND
EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED,
OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE; AND THAT CERTAIN CODE ENTITLED "UNIFORM
PLUMBING CODE," 1976 EDITION, INCLUDING APPENDICES A,
B, C, D, H, AND I, PUBLISHED BY THE INTERNATIONAL
ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS,
SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED,
MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN
CAPISTRANO MUNICIPAL 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 JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Adoption of the San Juan Capistrano
Municipal Code.
That certain document entitled "San Juan Capistrano
Municipal Code," including the Appendix thereto, three (3) copies
of which have been filed and are 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 Juan Capistrano
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.
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SECTION 2. Certain Ordinances to Remain in Effect.
Those certain ordinances of the City of San Juan Capistrano
which are listed in Table 2 of the Appendix to the San Juan Capistrano
Municipal Code shall not be repealed but shall remain in full force
and effect. In addition to the foregoing ordinances, Ordinance
Nos. 380 through 398 shall remain in full force and effect pending
their codification and incorporation into the San Juan Capistrano
Municipal Code following its adoption as modifications thereto,
the incorporation and codification of said ordinances into said
Code being hereby authorized and approved.
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SECTION 3. Savings Provisions.
The repealing provisions of the San Juan Capistrano
Municipal 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, dr 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 4. Violations of Code Provisions: Penalties.
It shall be unlawful for any person to violate any
provision or to fail to comply with any of the requirements of
the San Juan Capistrano Municipal Code or the provisions of any
Code adopted by reference by said Code. Any person violating
any of such provisions or failing to comply with any of the
mandatory requirements of the San Juan Capistrano Municipal Code
shall be guilty of a misdemeanor or an infraction as designated by,
and provided for, in Sections 16, 17, 19c, and 19d of the Penal
Code of the State of California and as expressly specified in
Section 40000 of the Vehicle Code of the State of California.
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 the San Juan Capistrano Municipal Code, or the
provisions of any Code adopted by reference by said Code, is
committed, continued, or permitted by such person and shall be
punishable accordingly.
Any person convicted of a misdemeanor under the provisions
of the San Juan Capistrano Municipal Code shall be punishable by a
fine of not more than Five Hundred and no/100ths ($500.00) Dollars,
or by imprisonment in the County Jail for a period not exceeding
six (6) months, or by both such fine and imprisonment.
Any person convicted of an infraction under the provisions
of the San Juan Capistrano Municipal Code shall be punishable for
a first conviction by a fine of not more than Fifty and no/100ths
($50.00) Dollars, for a second conviction within a period of one
year by a fine of not more than One Hundred and no/100ths ($100.00)
Dollars, and for a third or any subsequent conviction within a
period of one year by a fine of not more than Two Hundred Fifty
and no/100ths ($250.00) Dollars.
In addition to the penalties provided by this section,
any condition caused or permitted to exist in violation of any of
the provisions of the San Juan Capistrano Municipal Code, or the
provisions of any Code adopted by reference by said Code, or any
subdivision, building, wiring, plumbing, or other similar activity
in violation of the provisions of said Code shall be deemed a public
nuisance and may be summarily abated by the City in a civil action,
and each day such condition continues shall be a new and separate
offense.
SECTION 5. Effective Date: Posting.
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 and shall be posted in three (3) public
places within the City within fifteen (15) days after the date
of its -passage.
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SECTION 6. Certification of City Clerk.
The City Clerk shall certify to the adoption of this
ordinance and cause it to be posted in the duly designated posting
places within the City of San Juan Capistrano within fifteen (15)
days after its passage.
PASSED, APPROVED AND ADOPTED this 20th day of
February 1 1980 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
KENNETH E. FRI SS, MAYOR
TY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 398 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on February 6 1980, and adopted at
a meeting held on February 20 , 1980.
(SEAL) -
MARY H O ER, CITY CLERK
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