The URL can be used to link to this page

Home My WebLink About38 ORDINANCE NO. 38 AN ORDINANCE OF TI{E CITY OF SARATOGA, CALIFORNIA, ADOPTING A COMPILATIOi~ ~ND CODIFICATION OF THE ORDINANCES OF THE CITY OF SAIIATOGA, ENTITLED "TI{E CODE OF THE CITY OF SAiL&TOGA, CALIFOP~]IA," PRO- VIDING FOR THE REPEAL OF CEP~TAIN ORDINANCES NOT INCLUDED THEREIN WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET OUT. The City Council of the City of Saratoga does hereby ordain as follows: Section 1: There is hereby adopted by the City Council that certain Code entitled "The Code of the City of Saratoga, California," containing certain ord- inances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 14, both inclusive, of ~ich Code not less than three copies have been and are now filed in the office of the City Clerk, and which Code is hereby referred to and adopted by reference. Section 2: The aforesaid Code of the City of Saratoga, California, in Article tI of Chapter 3, adopts by reference Parts 1 through 12, inclusive, and the appendix, of the International Conference of Building Officials Uniform Building Code, 1961 edition, and in Article III of Chapter 3, adopts by reference certain articles and chapters of Title II of the Santa Clara County Ordinance Code as amended to July 5, 1962, which articles and title of said Santa Clara County Ordinance Code in turn adopt by reference the 1961 edition of the Western Plumbing Officials Uniform Plumbing Code, and the 1959 edition of the National Electrical Code. Three copies of the aforesaid 1961 edition of the Uniform Building Code, of the Santa Clara County Ordinance Code as amended to July 5, 1962, of the 1961 edition of the Western Plumbing Officials Uniform Plumb- ing Code, and of the 1959 edition of the National Elec- trical Code, have heretofore been filed and are now filed in the Office of the City Clerk. Section 3:. Attached as Appendix A to the Code of the City of Saratoga, California, is Ordinance NS-5, the Subdivision Ordinance, and attached as Appendix B is Ordinance NS-3, the Zoning Ordinance of the City of Saratoga. These appendixes are not adopted by reference, are inserted in said Code for informational purposes only, and neither Ordinance NS-3, nor Ordinance NS-5 is intended to be, or is, repealed by this ordinance. -1- Section 4: The provisions of the Code of the City of Saratoga, California, shall be in full force and effect on and after the thirtieth (30th) day after the date of adop- tion of this ordinance, and all ordinances of a general and permanent nature adopted on final reading and passage on or before September 1, 1963, and not contained in said code, are hereby repealed from and after the thirtieth day after the date of adoption of this ordinance, e~:cept as hereinafter provided. Without limiting the foregoing, this ordinance is intended to specifically repeal the following ordinances: 1, l-A, i-B, 2, 2~A; Series 4-A through 4-A-23 ~ith the e~:ception of those portions of 4-A adopting by reference those portions of title 8 of the Santa Clara County Ordinance Code not set forth in Chapter 6 of the Code of the City of Saratoga; 4-B; Series MS-4 with the e:~ception of NS4-1.3 and so much of NS-4-1 as amended thereby; 6,6-A, 7, ~, 8-A, D-B, 9,10, 12, 12-A; Section 2 of 15; 16, 21, 22, 22-A, 24, 28, 28-1, 29 and 32. ~eqtion 5: The repeal provided for in Section 4 hereof of this ordinance shall not affect any offense or act commi'L~ed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance, nor shall such repeal affect any of the following types of ordinances: (a) Any ordinance promising or guaranteeing the payment of money to or for the City or authorizing the issuance of any bonds of the City or any evidence of the City's ~ndebtedness or any con- tract or obligation assumed by the City, or adopting budgets. (b) Any ordinance relating to annual ta:~ levies or special assessment levies or proceedings; (Ordinance Series 19) (c) Any ordinance conferring any right or franchise by the City on any person, firm or corporations, or authorizing contracts. (Ordinance 13,14,17,30) (d) Any ordinance adopted for purposes which have been consummated; (e) Any ordinance relating to the salaries of the City officers or employees; (Ordinance Series 27) -2- (f) Any ordinance annexing territory to the City; (Ordinance 20,33) (g) Any ordinance naming, re-naming, opening, accepting or vacating streets or alleys in the City; (Ordinance 18) (h) Any ordinance relating to the subdivision or zoning of land; (Ordinance Series NS-3 and NS-5) (i) Any ordinance.adopted on final reading and passage after September 1, 1963; (j) That portion of Ordinance 4~A which adopts by reference those portions of Title 8 of of the Santa Clara County Ordinance Code therein adopted by reference, which portions of Title 8 are Sot set out in the Code of the City of Saratoga, California. Section 6: ~enever in the Code adopted by this ordinance or in any other ordinance of the City or in any rule, regulation or order promulgated by any officer or agency of the City under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be un- lawful or an offense or a misdemeanor, where no specific penalty is provided therefore , the violation of any such provision of such Code or any other ordinance of the City or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Except where otherwise provided, every day any violation of such Code or any other ordinance of the City or such rule, regulation or order shall continue, shall constitute a separate offense. Except where otherwise provided, any condition caused or permitted to exist in violation of any provision of the Code adopted by this ordinance, or of any ordinance of this City, shall be deemed to be a public nuisance and may be, by this City, summarily abated as such and each day such condition continues shall be regarded as a new and separate nuisance and offense. Section 7.[ It is hereby declared to be ~he intention of the City Council that the sections, paragraphs, sentences, clnuses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or other- wise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconseitutionality or invalidity -3- shall not affect any of the remaining phrases~ clauses, sentences, p~ragraphs and sections of this ordinance or the Code hereby adopted. Section 8: This ordinance shall take effect and be in full force and effect thirty (30) days after the date of its passage and adoption. This ordinance was regularly introduced on the_ 4th day of March , 1~__4, at which time the title of the same was read, together with the title of the Code adopted hereby, and the title of each of the secondary Codes adopted by reference by said Code, and thereafter on the lstday of. April , 19__, a public hearing was held thereon pursuant to Government Code Section 50022.3 of the State of California, and after the close of said public hearing, the same was thereaft[r passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the lstday of A~ri~ , 19__, by the following vote: AYES: Councilmen Glennon, Brazil, Drake, Hartman, Tyler NOES: None ABSENT: None /s/ WilliamE. Glennon ~YOR ATTEST: /s/ William C. Hanley CITY CLE~C The above and foreeojn~ is a copy of Oi'dinance ~' ~,~true and correct Pub!ishe~ accc~ 'd !';.~ whfch has been · puty City CTE, i'T-;% /2 ~ 3- 2~ 'Oat~ ' _4-