belvedere municipal code update

7/27/2019 Belvedere Municipal Code update

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CITY OF BELVEDERE

NOTICE OF ADOPTION OF ORDINANCE NO. 2013-2:

AN ORDINANCE OF THE CITY OF BELVEDERE AMENDING THE BELVEDERE

MUNICIPAL CODE TO: REMOVE THE DESIGNATION OF INFRACTION OR

MISDEMEANOR AS THE PENALTY FOR VIOLATION OF SPECIFIC MUNICIPAL

CODE SECTIONS; REPEAL OBSOLETE AND REDUNDANT SECTIONS OF THEMUNICIPAL CODE; AND TO UPDATE THE TITLES IN CURRENT USE FOR

VARIOUS CITY OFFICIALS

THE CITY COUNCIL OF THE CITY OF BELVEDERE DOES ORDAIN AS

FOLLOWS:

SECTION 1. Findings.

A. Title 1. Moving certain sections within Title 1 (by means of repealing the section andadding it with a new number) to place them in a chronological context will improve the clarity of

the text for Code readers.

B. Chapter 1.12.1. Allowing citation of violation as an infraction or misdemeanor, according to the

severity of the offense, as well as alternatively allowing for administrative remedies and civil orjudicial nuisance abatement, as appropriate, provides more tools for enforcement of theBelvedere Municipal Code (BMC) and allows enforcement officials to tailor the penalty to theviolation.

2. 1.12.010 BMC, Citation procedures, is made redundant by 853.6 CaliforniaPenal Code (CPC). 1.12.020, DirectorViolation of written promise to appearDeemedmisdemeanor, is made redundant by 853.7 CPC. 1.12.030 BMC, Violation of writtenpromise to appearWarrant for arrest, is made redundant by 852.8 CPC.

3. Revisions to Chapter 1.12 render references to explicit penalties in the remainderof the Code, for the most part, obsolete; and it is desirable for clarity to remove these redundantsections.

C. Subsection 1.14.190(A). The total administrative penalty of one hundred thousanddollars is not sufficient to deter some violations of the Municipal Code and an increase to twohundred thousand dollars is warranted.

D. Section 16.28.060. Subsections 16.28.040(A) and (E) require demolition contractors tohold, and present proof of, liability insurance upon application for a permit to demolish anybuilding or structure in the City. Section 16.28.060 is needlessly redundant. Requiring a specialendorsement naming the City as an additional insured is not a standard requirement, nor is itrecommended as a best practice by the risk management analysts of the California Joint PowersInsurance Agency, of which the City is a member. Requiring such a special endorsement hasbeen found to require extra City staff time to work with the contractors insurance provider and

can delay the issuance of the permit for a week or more.

E. Chapter 2.20. The Belvedere Volunteer Fire Department was long ago disbanded.


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F. Chapter 2.42. Criminal Background Investigations, of the Belvedere AdministrativePolicy Manual (APM), adopted by the Belvedere City Council on January 10, 2006, covers andexpands on BMC Chapter 2.42, Criminal Offender Record Information on Employees, which

was adopted in 1986. The APM includes best practices for excluding from the City service

applicants who have been convicted of moral turpitude, and details procedures for the handlingof Criminal Offender Record Information (CORI) as required by the State Department ofJustices Bureau of Criminal Identification and Information. In addition, changes to the Citys

background investigation policy and procedures, which may from time to time be required bychanges in State law, are more easily effected through amending the APM, which isaccomplished by City Council resolution.

G. Obsolete titles. The City Manager serves as Planning Director of the City. The staffmember of the City directly responsible to the City Manager for managing all planning functionsis the City Planner. The position of City Planner was previously referred to in the MunicipalCode variously as Planning Director, Planning Manager, and Planning Consultant.

SECTION 2. Repeal. Section 1.04.070, Prohibited acts include causing and permitting, ofChapter 1.04, General Provisions, of the Belvedere Municipal Code is hereby repealed.

SECTION 3. Repeal. Chapter 1.12, Citations, Arrest Warrants and General Penalty, of theBelvedere Municipal Code is hereby repealed.

SECTION 4. Addition. Chapter 1.12, Code EnforcementRemedies and Penalties for

Violation, is hereby added to the Belvedere Municipal Code to read in its entirety as follows:

Chapter 1.12

CODE ENFORCEMENT--REMEDIES AND PENALTIES FOR VIOLATION

Sections:

1.12.010 Declaration of purpose.1.12.015 General Code enforcement authority.1.12.020 Authority to enter and inspect property.

1.12.025 Prohibited acts include causing and permitting.1.12.030 ViolationsCriminal penaltiesAdditional remedies.

1.12.010 Declaration of purpose. The City Council finds that the enforcementthroughout the City of this Code, including such codes as have been incorporated by reference,as well as any applicable state codes, is an important public service. Code enforcement is vital tothe protection of the public's health, safety and quality of life. The Council recognizes that code


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enforcement depends upon the codification of precise regulations that can be effectively appliedin administrative and judicial proceedings. The Council further finds that acomprehensive code enforcement system that uses a combination of judicial and administrativeremedies is critical to gain compliance with code regulations.

1.12.015 General Code enforcement authority. The City Manager and the other codeenforcement officials have the authority and powers necessary to gain compliance with theprovisions of this code and applicable state codes. These powers include but are not limited tothe power to enter and inspect public and private property, and use whatever judicial andadministrative remedies are available under this code and applicable state codes, and in the caseof code enforcement officials other than peace officers (whose powers are otherwise specified inthe Penal Code), the power to arrest and issue criminal citations as provided under Penal CodeSection 836.5 with respect to provisions of this Code and applicable state codes it is theirdiscretionary duty to enforce.

1.12.020 Authority to enter and inspect property. A code enforcement official is

authorized to enter upon any property or premises, and into any buildings or structures locatedthereon, to ascertain whether the provisions of this Code or applicable state codes are beingobeyed, and to make any examinations and surveys as may be necessary in the performance oftheir enforcement duties. These may include the taking of photographs, samples, or otherphysical evidence. All inspections, entries, examinations and surveys shall be done in areasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, thecode enforcement official may seek an administrative inspection warrant pursuant to theprocedures provided in state law, including California Code of Civil Procedure Section 1822.50et seq., as it may be amended from time to time.

1.12.025 Prohibited acts include causing and permitting. Whenever in this Code any act

or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting,suffering or concealing the fact of such act or omission. (Ord. 77-8 6, 1977.)

1.12.030 ViolationsCriminal penaltiesAdditional remedies. A. It is unlawful forany person to violate any provision or to fail to comply with any of the requirements of thisCode. A violation of any of the provisions or failing to comply with any of the requirements ofthis Code, may be charged and prosecuted as either an infraction or misdemeanor, except whereotherwise specifically provided.

B. Except as otherwise specifically provided, any person convicted of an infraction ispunishable by a fine not exceeding two hundred fifty dollars ($250), and any person convicted ofa misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000.00), or

imprisonment in the Marin County Jail for a period of not more than 6 months, or by both suchfine and imprisonment.

C. In addition to all other legal remedies, criminal or civil, the administrativeremedies provided in Chapter 1.14 of this Code may be pursued by the City to address anyviolation of this Code. The remedies specified in said Chapter shall be at the sole discretion ofthe City.

D. In addition to the penalties provided in this Section, any condition caused orpermitted to exist in violation of any of the provisions of this Code or any regulation adopted


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pursuant to this Code shall be deemed a public nuisance and may be abated as provided inChapter 8.12 of this Code.

E. Each separate day or any portion thereof on which a violation occurs, or iscommitted, continued, or permitted, shall be deemed to constitute a separate offense punishableas herein provided. (Ord. 99-2 1 (part), 1999; Ord. 77-19 4, 1977.)

SECTION 5. Amendment. Subsection A of Section 1.14.090 of the Belvedere MunicipalCode is hereby amended to read as follows:

A. The City Council may impose administrative penalties for the violation of anyprovision of this Code in an amount not to exceed a maximum of one thousand dollars perviolation, except that the total administrative penalty shall not exceed one two hundred thousanddollars,--exclusive of administrative costs, interest and restitution for compliance reinspections,--for any related series of violations.

SECTION 6. Amendment. Section 1.14.160 of the Belvedere Municipal Code is herebyamended to read as follows:

1.14.160 Lien procedure. A. C. Whenever any administrative penalty and/oradministrative cost is finally imposed under this Code, the City Clerk may, prior to creation of alien as provided in this Section, record with the County Recorder a notice that the penaltiesand/or costs have been assessed, and of the Citys authority and intention to record a lien againstthe real property if such penalties and costs are not timely paid. Such notice shall identify therecord property owners, and the date and amount of administrative penalties and/oradministrative costs imposed against the property owner.

B. A. Whenever the amount of any administrative penalty and/or administrative costimposed by the City Council pursuant to this Chapter in connection with real property has notbeen satisfied in full within 90 days or within such other time period as may be specificallyrequired by this Code or by order of the City Council, and/or has not been successfullychallenged by a timely writ of mandate, this obligation shall constitute a lien against the realproperty on which the violation occurred.

B. The lien provided in this Section shall have no force and effect until recorded withthe County Recorder. Once recorded, the administrative order shall have the force and effect andpriority of a judgment lien governed by the provisions of Section 697.340 of the Code of CivilProcedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of theCode of Civil Procedure.

C. D. Interest shall accrue on the principal amount of the judgment remainingunsatisfied pursuant to law.

D. E. Prior to recording any such lien, the City Manager shall prepare and file withthe City Clerk a report stating the amounts due and owing.

E. F. The City Clerk shall fix a time, date and place for hearing such report and anyprotests or objections thereto by the City Council.

F. G. The City Manager shall cause written notice to be served on the propertyowner not less than ten days prior to the time set for the hearing. Such notice shall be served as


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provided in Section 1.14.040 (Ord. 2006-4 2, 2006; Ord. 2004-2 2, 2004; Ord. 99-2 1(part), 1999.)

SECTION 7. Amendment. Section 1.14.180 of the Belvedere Municipal Code is hereby

amended to read as follows:

1.14.180 Recording of lien. A. Thirty days fFollowing the adoption of a resolution bythe City Council imposing a lien, the City Clerk shall file the same as a judgment lien in theoffice of the County Recorder of Marin County, California. The lien may carry such additionaladministrative charges as set forth by resolution of the City Council.B. In addition to the foregoing, the City Clerk may file a certified copy of the City Council'sresolution in the office of the County Treasurer-Tax Collector, whereupon it shall be the duty ofthe County Treasurer-Tax Collector to add the unpaid amount as a special assessment to the nextregular tax bills levied against the property for municipal purposes. Thereafter the amounts shallbe collected at the same time and in the same manner as ordinary municipal taxes are collected,

and shall be subject to the same penalties and the same procedure under foreclosure and sale incase of delinquency as provided for ordinary municipal taxes.

C. The lien provided in this Chapter shall have no force and effect until recordedwith the County Recorder. Once recorded, the resolution shall have the force and effect andpriority of a judgment lien governed by the provisions of Section 697.340 of the Code of CivilProcedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of theCode of Civil Procedure. (Ord. 99-2 1 (part), 1999.)

SECTION 8. Repeal. Chapter 2.20, Volunteer Fire Department, of the Belvedere MunicipalCode is hereby repealed.

SECTION 9. Repeal. Chapter 2.24, Richardson Development Review Board, of theBelvedere Municipal Code is hereby repealed.

SECTION 10. Amendment. Chapter 2.40, Personnel System, of the Belvedere MunicipalCode is hereby amended to read as follows:

Chapter 2.40

PERSONNEL SYSTEM

Sections:

2.40.010 Establishedjurisdiction.2.40.020 Personnel OfficerCity Manager-Police Administrator duties.2.40.030 Discrimination prohibited.


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2.40.010 EstablishedJurisdiction. A personnel system for all employees of the City,except the City Manager, City Attorney, City Treasurer, elected officers, volunteer firemen,reserve police officers and members of appointed boards and commissions, is hereby established.

2.40.020 Personnel OfficerCity Manager-Police Administrator duties. As PersonnelOfficer, the City Manager shall administer the personnel system pursuant to personnel rules andregulations adopted by the City Council by resolution. (Ord. 80-3 1 (part), 1980; Ord. 76-3 1(part), 1976; Ord. 76-5 2(part), 1976; prior code 2-41.)

2.40.030 Discrimination prohibited. With regard to all matters related to employmentwith the City, discrimination on the basis of race, religion, sex, age or national origin isprohibited except as provided in this Section. A minimum age may be established foremployment with the police department. Within the framework of this Section, the personnelrules and regulations shall contain affirmative action provisions as may be required by federallaw and as regulated by the California Fair Employment Practices Act. Additionally, the

personnel rules and regulations shall contain provisions regarding the employment of retiredpersons or persons of retirement age as is prescribed by Section 45040 et seq. of the GovernmentCode of the State.

SECTION 11. Repeal. Chapter 2.42, Criminal Offender Record Information on Employees,of the Belvedere Municipal Code is hereby repealed.

SECTION 12. Repeal. Chapter 3.25, Assessment to Continue the Financing of Street andRoadway Rehabilitation/Maintenance Projects, Equipment Replacement, and

Repair/Maintenance of Pubic Facilities and Change the Appropriation Limit as Authorized byCalifornia Constitution, of the Belvedere Municipal Code is hereby repealed.

SECTION 13. Amendment. Section 8.32.120, ViolationPenalty, of Chapter 8.32, WaterWells, of the Belvedere Municipal Code is hereby amended to read as follows:

8.32.120 ViolationPenalty. Violations of this Chapter may be punished as provided inChapter 1.12 Title One or abated as provided bychapter 13.16 and 16.04 of this Code.

SECTION 14. Amendment. Section 9.52.030, Violation by person under eighteen years ofagePenalty, of Chapter 9.52, Curfew for Minors, of the Belvedere Municipal Code ishereby amended to read as follows:

9.52.030 Violation by person under eighteen years of age--Penalty. It shall be unlawfulfor aAny minor to who shall violate any of the provisions of this Chapter; such minor shall beguilty of a misdemeanor and subject to the provisions of Chapter 2, Part 1, Division 2 of theWelfare and Institutions Code of the State.


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SECTION 15. Amendment. Subsection A of Section 9.52.040, Aiding or permitting minor toviolate provisions prohibitedPermitting defined, of Chapter 9.52, Curfew for Minors, ofthe Belvedere Municipal Code is hereby amended to read as follows:

A. It shall be unlawful for Aany person to assisting, abetting, permitting orencourageing any minor under the age of eighteen years to violate any of the provisions of thisChapter., is guilty of a misdemeanor, which violationshall be punishable as set forth in Chapter1.12 of this Code.

SECTION 16. Repeal. Section 9.52.050, Violation byperson other than a minorPenalty,of Chapter 9.52, Curfew for Minors, of the Belvedere Municipal Code is hereby repealed.

SECTION 17. Amendment. Subsection E of Section 10.36.165, Two-hour restricted parkingzones along Cove Road, Peninsula Road, Lagoon road, portions of Beach Road and Cove RoadPlace, and on a portion of Bellevue Avenue on the southern end of Corinthian IslandSignsrequiredPenalty for violation, of the Belvedere Municipal Code is hereby amended to read asfollows:

E. Any person violating any of the provisions of this Section shall be, for every suchoffense, guilty of an infraction, provided, however, that tThe provisions of this Section shall notbe enforceable against an alleged violator if at the time and place of the alleged violation the signrequired by this Section was not in position and sufficiently legible as to be seen.

SECTION 18. Addition. Section 10.36.250, is hereby added to the Belvedere Municipal Codeto read as follows:

10.36.250 Penalty for violation. Any person violating any of the provisions of thisChapter shall be, for every such offense, guilty of an infraction.

SECTION 19. Amendment. Section 13.20.080, Excavating without permit deemedmisdemeanor whenPenalty, of the Belvedere Municipal Code is hereby amended to read asfollows:

13.20.080 ViolationExcavating without permit deemed misdemeanor whenPenalty.It is unlawful for Aany person, firm or corporation making to make any excavation or otherwisedisturbing disturb the surface of the roads or sidewalks of the City without first obtaining awritten permit therefor as provided in this Chapter, or who to makes any excavation or otherwisedisturbs the surface of the roads or sidewalks of the City for any purpose under the provisions ofthis Chapter after a permit issued hereunder has been revoked, is guilty of a misdemeanor andshall be punishable as set forth in Chapter 1.12.


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SECTION 20. Repeal. Section 16.28.060, Insurance required, of Chapter 16.28,Demolition Permits, of the Belvedere Municipal Code is hereby repealed.

SECTION 21. Amendment. Section 19.92.040, Violations declared nuisancesAbatementauthority, of Title 19, Zoning, of the Belvedere Municipal Code is hereby amended to read as

follows:

19.92.040 Violations declared nuisancesAbatement authority. Any structureconstructed, altered, extended, moved or maintained in violation of the provisions of this Titleshall be and the same is declared to be unlawful and a public nuisance, and the City attorneyshall, if ordered by the City Council, immediately commence an action or proceeding to abate,remove, restrain or enjoin any such public nuisance, and shall take such other steps and shallapply to such courts as may have jurisdiction to grant relief as will abate such public nuisance

and will restrain or enjoin moving or maintaining any structure or using any premises inviolation of the provisions of this Title. Any person, firm, corporation or agency acting asprincipal agent, employee or otherwise, who fails to comply with the provisions of this Titleshall be punishable by any of the procedures provided for in Chapter 1.12 and/or 1.14 of thisCode. guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of noless than one hundred dollars and not more than five hundred dollars or by imprisonment in theCounty jail for not more than thirty days, or both, for each separate offense. Each day anyviolation of this Title shall continue shall constitute a separate offense.

SECTION 22. Repeal. The following redundant penalty sections of the Belvedere Municipal

Code are hereby repealed:Section 2.44.080, Violation deemed misdemeanorPenalty of Chapter 2.44,

Community Hall.Section 5.08.100, ViolationPenalty, of Chapter 5.05, Solicitors, Peddlers and

Spokespersons.Section 5.16.120, Violation, of Chapter 5.16, Still Photography, Motion Pictures,

Radios and Television Productions.Section 8.10.060, EnforcementViolation, of Chapter 8.10, Noise.

Section 8.24.020, ViolationPenalty, of Chapter 8.24, Asphalt Heating Kettles.Section 10.12.060 Penalty for violation, of Chapter 10.12, Enforcement.Subsection C of Section 10.24.040, Restrictions at intersection of Cove Road, lagoon

road and State Highway, of Chapter 10.24, Turning Movements.Subsection D of Section 10.28.020, Beach Road restrictions, and Subsection B of

Section 10.28.030, Corinthian Island restrictions, of Chapter 10.28, One-Way Streets.Section 10.68.020, Violation, ofChapter 10.68, Skateboards.Section 10.70.040, Penalty for violation, of Chapter 10.70, Regulating Passenger

Bus/Tour Operations Within the City Limits.Chapter 11.24, Penalty for Violations, of Title 11, Water and Watercraft.


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Section 13.04.090, Violation deemed misdemeanorPenalty, of Chapter 13.04,Encroachments.

Section 13.08.120, ViolationPenalty, of Chapter 13.08, Underground UtilityServices.

Section 16.15.100, Fines and penalties, of Chapter 16.15, Grading and erosion

control.Section 16.24.110, Violation deemed misdemeanorPenalty, of Chapter 16.24,

Residential Building Records Reports.Chapter 18.40, ViolationPenalty, of Title 18, Subdivisions.

SECTION 23. Amendment. Section 19.08.385, Planning Director, of the BelvedereMunicipal Code is hereby amended and renumbered to read as follows:

19.08.127, City Planner Planning Director. The titles Planning Director, CityPlanner, and Planning Manager, and Planning Consultant mean the staff member of the

City directly responsible to the City Manager for managing all planning functions, or anyconsultant hired to perform those duties.

SECTION 24. Amendment. The words Planning Director, Planning Consultant, andPlanning Manager, shall be replaced by the words City Planner in the following Titles of the

Belvedere Municipal Code:Title 18, Subdivisions.Title 19, Zoning.Title 20, Architectural & Environmental Design Review.Title 21, Historic Preservation.

SECTION 25. Amendment. The words City Engineer, shall be replaced by the wordsPublic Works Manager in Title 20, Architectural & Environmental Design Review, of the

Belvedere Municipal Code.

SECTION 26. Severability. If any section, subsection, subdivision, paragraph, sentence,clause or phrase of this Ordinance, or any part thereof, is for any reason held to beunconstitutional or invalid or ineffective by any court of competent jurisdiction, such decisionshall not affect the validity or effectiveness of the remaining portions of this Ordinance. The

City Council hereby declares that it would have passed each section, subsection, subdivision,paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or moresections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declaredunconstitutional or invalid or effective. To this end the provisions of this Ordinance are declaredto be severable.


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SECTION 27. Effective Date. This ordinance shall take effect and be in force thirty (30) daysafter the date of its passage. Within fifteen (15) days following its passage, a summary of theordinance shall be published with the names of those city council members voting for andagainst the ordinance and the deputy city clerk shall post in the office of the city clerk a certifiedcopy of the full text of the adopted ordinance along with the names of the members voting for

and against the ordinance.

INTRODUCED AT A PUBLIC HEARING on September 9, 2013, and adopted at a regularmeeting of the Belvedere City Council on October 14, 2013, by the following vote:

AYES: James Campbell, Sandra Donnell, Claire McAuliffe, Bob McCaskill, and MayorThomas Cromwell

NOES: NoneABSENT: NoneABSTAIN: None

APPROVED:/s/Thomas Cromwell, MayorATTEST:/s/Leslie Carpentiers, City Clerk

belvedere municipal code update

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