Pursuant to Sections 5.0022.1 through 50022.8, inclusive, and 50022.10 of the Government Code, there is hereby adopted the Union City Municipal Code, 1991, as published by Book Publishing Company, Seattle, Washington, together with those secondary Codes adopted by reference authorized by the California State Legislature, save and except those portions of the secondary Codes as are deleted or modified by the provisions of the Union City Municipal Code, 1991.
(Ord. 116-74 § 1, 1974; Ord. 369-91 § 1, 1991)
This Code shall be known as the "Union City Municipal Code," and it shall be sufficient to refer to said Code as the "Union City Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Union City Municipal Code." Further reference may be had to the titles, chapters, sections and subsections of the "Union City Municipal Code" and such references shall apply to that numbered title, chapter, section or subsection as it appears in the Code.
(Ord. 116-74 § 2, 1974; Ord. 369-91 § 2, 1991)
This Code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Union City, California, codified pursuant to the provisions of California Government Code Sections 50022.1 through 50022.8, inclusive, and 50022.10 of the Government Code.
(Ord. 116-74 § 3, 1974; Ord. 369-91 § 3, 1991)
The last ordinance included in this Code was Ordinance No. 358-90, passed November 19, 1990. The following ordinances passed subsequent to Ordinance 358-90, but prior to adoption of this Code are hereby adopted and made a part of this Code:
A. 
Ordinance 360-91. An ordinance of the City of Union City, California, amending Title 7 of the Union City Municipal Code, adding Section 7.23.042 prohibiting the sale of tobacco products via coin operated vending machines in places accessible to persons under the age of eighteen years of age;
B. 
Ordinance 361-91. An ordinance of the City of Union City amending Title 17 of the Municipal Code by modifying a portion of Section 17.23.020 thereof, relating to lot line adjustments;
C. 
Ordinance 364-91. An ordinance of the City of Union City amending Chapter 10.17 of the Union City Municipal Code establishing towing fees and rates;
D. 
Ordinance 365-91. An ordinance of the City of Union City amending Chapter 12.08 (street encroachments), Title 12, (public improvements) by the adoption of Section 12.08.615;
E. 
Ordinance 366-91. Amending Title 18 of the Municipal Code (29251 Union City Boulevard), changing zoning from ML to MS;
F. 
Ordinance 55.314-90. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (alcoholic sales as conditional uses);
G. 
Ordinance 55.315-90. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (residential design criteria);
H. 
Ordinance 55.317-90. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (hazardous material uses);
I. 
Ordinance 55.318-90. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (vending machine location);
J. 
Ordinance 55.319-91. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (churches in MS Zone);
K. 
Ordinance 55.320-91. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (churches as conditional uses);
L. 
Ordinance 55.321-91. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (detached accessory structures);
M. 
Ordinance 55.322-91. An ordinance of the City of Union City amending Title 18 of the Municipal Code, being the City of Union City Zoning Ordinance (second story additions, design, walls, fences, hedges).
(Ord. 369-91 § 4, 1991)
Whenever a reference is made to this Code as the "Union City Municipal Code" or to any portion thereof, or to any ordinance of the City of Union City, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
(Ord. 116-74 § 5, 1974; Ord. 369-91 § 5, 1991)
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.
(Ord. 116-74 § 6, 1974; Ord. 369-91 § 6, 1991)
The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.
(Ord. 116-74 § 7, 1974; Ord. 369-91 § 7, 1991)
Neither the adoption of this Code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.
(Ord. 116-74 § 8, 1974; Ord. 369-91 § 8, 1991)
This Code shall become effective on the date the ordinance adopting this Code as the "Union City Municipal Code" shall become effective.
(Ord. 116-74 § 9, 1974; Ord. 369-91 § 10, 1991)
If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
(Ord. 116-74 § 10, 1974; Ord. 369-91 § 11, 1991)
Any court action or proceeding to attack, review, set aside, void or annul any decision of matters listed in this Code otherwise subject to court review (other than those listed in Section 65907 of the Government Code) or concerning any of the proceedings, acts, or determinations, taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceedings is commenced within thirty days after the effective date of such decision. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness or such decision or of such proceedings, acts or determinations.
(Ord. 184-79 § 1, 1979)
A. 
Claims Against the City. Any claims against the City for money, damages, or refunds that are exempted by Section 905 of the Government Code from the claims presentation requirements of the Tort Claims Act, and which are not governed by other statutes or ordinances expressly relating thereto, shall be governed by this chapter. Any person pursuing such a claim must file a claim with the City Clerk, and the claim must conform to the following requirements:
1. 
It shall be in writing.
2. 
It shall contain the name and post office address of the claimant.
3. 
It shall be verified by the person who claims to be entitled to be paid the money or damages or who has paid the money sought to be refunded, except that it can be verified by the claimant's guardian, conservator, or the executor or administrator of his or her will or estate. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section.
4. 
It shall state the date, place, and circumstance of the occurrence or transaction giving rise to the claim and a general description of the indebtedness, obligation, or injury so far as it may be known.
5. 
It shall state the total amount of the claim, together with the basis for computation of the amount claimed.
6. 
It shall be filed with the City Clerk not later than one year after the accrual of the cause of action of the underlying claim.
B. 
Action by City Council. The City Council shall take action upon a claim submitted pursuant to this section within forty-five days of its filing with the City Clerk. If the City Council fails to do so, the demand or claim shall be deemed to have been rejected by the City Council on the last day of the period within which the City Council was required to act. Action by the City Council shall otherwise be subject to the provisions of Section 912.4 of the Government Code.
C. 
Prerequisite to Lawsuit. No lawsuit may be brought against the City on any cause of action for which a claim must be filed under this section until the claim has been filed with the City Clerk as required by this section and has been acted upon by the City Council or has been deemed to have been rejected. Any action brought against the City on such a claim shall be subject to the provisions of Sections 945.6 and 946 of the Government Code. Only the person who filed the claim may bring such a lawsuit, and if another person should do so judgment shall not be rendered for the plaintiff.
(Ord. 602-03 § 1, 2003)