There is hereby adopted the "Davis Municipal Code," as compiled, edited and published by Book Publishing Company, Seattle, Washington.
(Ord. 2012 § 1, 1999)
This Code shall be known as the "Davis Municipal Code" and it shall be sufficient to refer to said Code as the "Davis Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding of 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 "Davis Municipal Code." References may be made to the titles, chapters, sections and subsections of the "Davis Municipal Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the Code.
(Ord. 1313 § 1; Ord. 2012 § 2, 1999)
The last ordinance included in this Code was Ordinance No. 1966. The following ordinances, passed subsequent to Ordinance No. 1966, but prior to the adoption of this Code, are hereby adopted and made a part of this Code: 1967, 1968, 1969, 1970, 1972, 1975, 1976, 1983, 1984, 1985, 1986, 1987, 1992, 1995, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007.
(Ord. 2012 § 6, 1999)
In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:
The words "the city" or "this city" shall be construed as if followed by the words "of Davis."
The words "the Code" or "this Code" shall mean "The Davis Municipal Code," and any amendment or addition thereto.
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.
Whenever the words "city council" or "council" are used in this Code, they shall be construed to mean the city council of the City of Davis.
The words "the county" or "this county" shall mean the County of Yolo.
A day is the period of time between any midnight and the midnight following.
"Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
Each gender designation shall be construed as including masculine, feminine and neuter. Alternating gender designations such as "he or she" shall also be construed as including the masculine, the feminine and the neuter gender.
The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
The word "month" shall mean a calendar month.
The singular number includes the plural, and the plural the singular.
"Oath" includes an affirmation.
Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Davis, unless the context clearly indicates otherwise.
Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.
The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
"Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.
Personal property includes every species of property, except real property, as defined in this section.
The words "preceding" and "following" mean next before and next after, respectively.
includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
The word "property" shall include real and personal property.
shall include lands, tenements and hereditaments.
"Shall" is mandatory and "may" is permissive.
"Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
The words "the state" or "this state" shall be construed to mean the State of California.
All streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may be dedicated and open to public use, or such other public property so designated in any law of this state.
The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.
The present tense includes the past and future tenses, and the future includes the present.
A week consists of seven consecutive days.
Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language, unless it is expressly provided otherwise.
The word "year" shall mean a calendar year, except where otherwise provided.
(Code 1964 § 1-2.01)
Whenever a power is granted to or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by any person otherwise duly authorized pursuant to law or ordinance unless this Code expressly provides otherwise.
(Code 1964 § 1-3.05)
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.
(Code 1964 § 1-3.02; Ord. 2012 § 5, 1999)
The adoption of this Code does not affect prosecutions for ordinance violations committed prior to the effective date of this Code, does not waive any fee or penalty due and unpaid on the effective date of this Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
(Code 1964 § 1-1.03; Ord. 2012 § 7, 1999)
References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this Code.
(Code 1964 § 1-1.04; Ord. 2012 § 9, 1999)
The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
Chapter, article 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 chapter, article or section hereof.
(Code 1964 § 1-3.03)
Whenever a reference is made to this Code as the "Davis Municipal Code" or to any portion thereof, or to any ordinance of the City of Davis codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
(Code 1964 § 1-3.04; Ord. 2012 § 3, 1999)
This Code shall refer only to the omission or commission of acts within the city and to that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.
(Code 1964 § 1-3.10)
The city shall have the authority to enforce all applicable state laws, regulations, and legally enforceable orders with any duly adopted amendments using any valid enforcement mechanism defined by Chapter 1 of the Davis Municipal Code, and applicable state law.
(Ord. 2648 § 1, 2023)
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.
(Code 1964 § 1-1.05; Ord. 2012 § 8, 1999)
Whenever in this Code or in any other ordinance of the city or in any rule or regulation promulgated pursuant thereto 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 unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance of the city or any such rule or regulation shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such violations may also be redressed by civil action.
Except as otherwise specified in this Code, every day any violation of this Code or any other ordinance of the city or any such rule or regulation shall continue shall constitute a separate offense.
In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by this city, summarily abated, and a new and separate offense shall be deemed to exist each day such condition continues.
Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
(Code 1964 §§ 1-4.01, 1-4.02; Ord. 788 § 1; Ord. 2390 § 5, 2012)
The provisions of this Code and other ordinances which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment prescribed.
(Code 1964 § 1-4.03)
Whenever in this Code or other city ordinances, the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.
(Code 1964 § 1-4.04)
Every person found guilty of violating any of the provisions of this Code or any other city ordinance and sentenced to imprisonment shall be imprisoned in the County Jail.
(Code 1964 § 1-4.05)
If any person is arrested for the violation of any provision of this Code or any ordinance of the city and such person is not immediately taken before a magistrate as prescribed in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.
(Code 1964 § 1-5.01)
Any person wilfully violating his or her written promise to appear in court is guilty of a separate violation of this Code, regardless of the disposition of the charge upon which he or she was originally arrested.
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised.
(Code 1964 § 1-5.02, 1-5.03)
Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made in this Code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope postage prepaid, addressed to such person to be notified, at his or her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
(Code 1964 § 1-3.06)
Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.
(Code 1964 § 1-3.07)
The following public place in the city is hereby designated as the place for posting public notices in accordance with Section 54954.2 of the Government Code of the state: the bulletin board at the main entrance of the City Hall.
(Code 1964 § 9-1.01; Ord. 814 § 1; Ord. 2390 § 4, 2012)
(a)
Scope. This section shall govern all claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law (hereinafter in this section "claims").
(b)
Form of claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, or administrator. No claims may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition all claims shall contain all of the following as required under California Government Code Section 910:
(1)
The name and post office address of the claimant;
(2)
The post office address to which the person presenting the claim desires the notices to be sent;
(3)
The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
(4)
A general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim;
(5)
The name or names of the public employee or employees causing the injury, damage, or loss, if known;
(6)
The amount claimed if it totals less than ten thousand dollars as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or other loss, insofar as it may be know at the time of presentation of the claim, together with the basis of computation of the amount claimed. If the amount exceeds ten thousand dollars, no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
(c)
Timing of claim. All claims for money damages shall be brought according to the following requirements:
(d)
Written agreements. Pursuant to Chapter 5 (commencing with Section 930) of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide that all claims arising out of or related to the agreement must be presented not later than one year after the accrual of the cause of action. Such claims shall be governed by this section.
(e)
Claim prerequisite to suit. In accordance with California Government Code Section 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city council prior to filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this section.
(f)
Suit. Any action brought against the City of Davis upon any claim or demand shall conform to the requirements of Section 940-949 of the California Government Code. Any action brought against any employee of the City of Davis shall conform with the requirements of Section 950-951 of the California Government Code.
(g)
No reinstatement or revival. Nothing in this section revives or reinstates any cause of action which, on the effective date of the ordinance codified in this section, is barred by either (1) failure to comply with an applicable statute, regulation or ordinance requiring the presentation of a claim; or (2) failure to commence an action thereon within the period prescribed by an applicable statute of limitations.
(h)
Retroactivity. Subject to subsection (g) of this section, where a cause of action accrued prior to the effective date of this section, the provisions of this section shall apply retroactively to such cause of action, and to any claim heretofore or hereafter presented relating to such cause of action.
(Ord. 1365 § 1; Ord. 2065 § 1, 2001)
(a)
To address the variety of circumstances that may arise in conjunction with addressing violations of the Davis Municipal Code, including, but not limited to, nuisance regulations, such as difficult and/or recurrent cases. The following mechanisms shall facilitate a prompt and responsive code compliance program. The city council finds that there is a need to establish several mechanisms, including fines.
(b)
This chapter provides for administrative citations as provided in Government Code Section 53069.4.
(c)
The remedies provided by this chapter are in addition to all other legal remedies, administrative, criminal and/or civil, which may be pursued by the city to address any violation of this Code.
(d)
Use of this chapter shall be at the sole discretion of the city.
(Ord. 2222 § 1, 2005)
(a)
For purposes of this chapter, a code compliance administrator shall mean any city employee or agent of the city with the authority to enforce any provision of this Code.
(b)
The code compliance administrator has authority to issue administrative citations pursuant to this chapter.
(Ord. 2222 § 1, 2005)
(a)
Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the enforcement officer may issue an administrative citation to any person responsible for the violation.
(b)
Each administrative citation shall contain the following information:
(1)
The date of the violation;
(2)
The address or a definite description of the location where the violation occurred;
(3)
The section of this Code violated and a description of the violation;
(4)
The amount of the fine for the code violation;
(5)
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
(6)
An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
(7)
An order to correct the code violation described in the administrative citation if said violation is correctable as described in Chapter 23, Nuisance Regulations;
(8)
A description of the administrative citation review process, including the time period within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained and an advance deposit waiver; and
(9)
The name and signature of the citing enforcement officer.
(c)
In addition to the administrative citation and penalty authorized by this chapter, an order to correct a violation under subsection (b)(7) of this section may be enforced as set forth in the chapter applicable to that violation.
(d)
In the case of a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issue that in the opinion of the code compliance administrator or designee, does not create an immediate danger to health, safety or public welfare, a reasonable time, not to exceed one hundred twenty days, shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what constitutes a reasonable time, the code compliance administrator may consider the estimate of local professionals including licensed contractors, but shall have sole discretion to make the final determination as to what the reasonable time shall be. In the case of such violations, the time within which the violation must be corrected in order to avoid a fine shall also be specified on the administrative citation.
(Ord. 2222 § 1, 2005)
(a)
The amounts of the fines for violations of the Davis Municipal Code are imposed pursuant to Government Code Section 53069.4 and this chapter and shall be as follows:
(1)
A fine not exceeding one hundred dollars for a first violation;
(2)
A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;
(3)
A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.
(4)
Notwithstanding, the above, a violation of the local building and safety codes determined to be an infraction is punishable by: (A) a fine not exceeding one hundred dollars for a first violation; (B) a fine not exceeding five hundred dollars for a second violation of the same ordinance within one year; (C) a fine not exceeding one thousand dollars for each additional violation of the same ordinance within one year of the first violation.
(b)
A ten percent late payment fee shall be imposed on any fine which is not paid within thirty days of the issuance of the citation.
(c)
The administrative fines outlined in this chapter are levied in addition to any recovery of costs outlined in Chapter 23 of this Code.
(Ord. 2222 § 1, 2005)
(a)
The fine shall be paid to the city within thirty days from the date of the administrative citation.
(b)
Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
(Ord. 2222 § 1, 2005)
(a)
Any recipient of an administrative citation may contest the existence of a violation of the code, that he or she is the responsible party, or any order issued under Section 1.02.030(b) by completing a request for hearing form and returning it to the city within fourteen days from the date of the administrative citation, together with an appeal fee or a hardship waiver form pursuant to Sections 1.02.060 and 1.02.070.
(b)
The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(c)
If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.
(Ord. 2222 § 1, 2005)
(b)
The request shall be filed with the city on a hardship waiver form within ten days of the date of the administrative citation.
(c)
The requirement of depositing the full amount of the fine as described in Section 1.02.060 shall be stayed until the city makes a determination not to grant the advance deposit hardship waiver.
(d)
The city may grant the hardship waiver only if the cited party submits a sworn declaration, together with any supporting documents or materials, which demonstrates his or her financial inability to deposit with the city the full amount of the fine in advance of the hearing.
(e)
If the city determines not to issue a deposit hardship waiver, the cited party shall remit the deposit to the city within ten days of the date of that decision or fourteen days, per Section 1.02.060, from the date of the administrative citation, whichever is later.
(f)
The city shall issue a written determination of its reasons for granting or denying an advance deposit hardship waiver. This written determination shall be final.
(g)
The written determination shall be served upon the applicant for the advance deposit hardship waiver by first class mail.
(Ord. 2222 § 1, 2005)
The city manager shall designate the hearing officer for administrative citation hearings.
(Ord. 2222 § 1, 2005)
(b)
A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than thirty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
(c)
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
(d)
The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine, a failure to exhaust his or her administrative remedies and consent to any order issued pursuant to Sections 1.02.030(b)(6) and (7).
(e)
The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
(f)
The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(Ord. 2222 § 1, 2005)
(a)
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
(b)
If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
(c)
If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to a hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.
(d)
If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine or the amount paid in excess of the reduced fine, together with interest at the average rate earned on the city's portfolio for the period of time that the fine or excess fine amount was held by the city.
(e)
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.
(f)
The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount or number of administrative citation fines upheld by the hearing officer.
(Ord. 2222 § 1, 2005)
Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines, as well as interest at the legal rate.
(Ord. 2222 § 1, 2005)
The city may collect any past due administrative citation fine or late payment charges by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens and actions for recovery of money. The city also may recover its collection costs. Special assessment liens against property may only be applied when the administrative citation fine was issued for a violation directly connected to the property.
(Ord. 2222 § 1, 2005)
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition seeking review in accordance with Government Code Section 53069.4.
(Ord. 2222 § 1, 2005)
(a)
Whenever a notice or report is required to be given or provided under this chapter, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his or her last-known business or residential address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in a United States mail box.
(b)
Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
(c)
Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.
(Ord. 2222 § 1, 2005)