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HomeMy WebLinkAbout17 - Ordinances ORDINANCE NO. 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.9, THAT CERTAIN CODE KNOWN AS THE "CODIFIED ORDINANCES OF THE COUNTY OF SAN BERNARDINO" ALSO KNOWN AS THE "SAN BERNARDINO COUNTY CODE", INCLUDING ANY APPLICABLE GENERAL PLAN, PROVIDING FOR AMENDMENTS AND ADDITIONS THERETO AND DELETIONS THERE- FROM, PROVIDING FOR THE IMPOSITION OF PENALTIES FOR THE VIOLATION THEREOF, PROVIDING FOR THE PAYMENT OF FEES PURSUANT THERETO AND DECLARING THE URGENCY THEREOF. The City Council of the C~~ of Rancho Cucamonga, California, does ordain as follows: SECTION 1: That certain code known as the "Codified Ordinances of the County of San Bernardino" also known as the "San Bernardino County Code", three (3) copies of which Code and all secondary codes referred to therein are on file in the office of the City Clerk, is hereby adopted by reference pursuant to the provisions of Government Code Section 50022.9, as though set forth in this Ordinance in full, subject, however, to the amendments, additions, and deletions set forth in this Ordinance. SECTION 2: The following sections of the San Bernardino County Code are hereby deleted: (a) 11.031 through 11.037, inclusive; (b) 11.043 through 11.045, inclusive; (c) 12.011 through 12.366, inclusive; (d) 13.011 through 13.0640, inclusive; (e) 14.011 through 14.0112, inclusive; (f) 14.021; (g) 14.022; (h) 14.024: (i) 14.025; (j) 14.031 through 14.0318, inclusive; (k) 14.041 through 14.049, inclusive; (1) 14.051 through 14.057, inclusive; (m) 15.011; (n) 15.012; (o) 15.021; (p) 15.022; (q) 17.011 through 17.012, inclusive; (r) 18.011 through 18.013, inclusive; (s) 21.011 through 21.019, inclusive; (t) 23.0312; (u) 24.0313; Ordinance No. 17 Page 2 (v) 24.031; (w) 24.041 through 24.043, inclusive; (x) 26.021 through 26.024, inclusive; (y) 28.031 through 28.035, inclusive; (z) 41.011 through 41.014, inclusive; (aa) 61.011 through 61.014, inclusive; (bb) 61.0311; and, (cc) 67.011 through 67.045, inclusive. SECTION 3: The following amendments are made to the San Bernardino County Code: (a) Whenever "Board of Supervisors" or "Board" is used in said Code, it means the Rancho Cucamonga City Council. (b) ~enever "County" or "County of San Bernardino" is used in said Code, it mean~, the geographical limits of the City of Rancho Cucamonga unless a different geographical area is clearly indicated by the context. (c) ~enever "County", "County of San Bernardino", or "unincorporated territory of the County of San Bernardino" is used in said Code, it means the City of Rancho Cucamonga, California. (d) Whenever "Auditor" is used in said Code, it means the Finance Director of the City of Rancho Cucamonga, California. (e) Whenever "Clerk of the Board" is used in said Code, it means the City Clerk of the City of Rancho Cucamonga, California. (f) Whenever "County Administrative Officer" is used in said Code, it means the City Manager of the City of Rancho Cucamonga, California. (g) Whenever "County Offices" is used in said Code, it means the City offices of the City of Rancho Cucamonga, California. (h) Whenever "County Fire Warden" is used in said Code, it means the Fire Chief of the City of Rancho Cucamonga, California. (i) Whenever "Sheriff" is used in said Code, it means the Chief of Police of the City of Rancho Cucamonga, California. (j) Whenever "County Counsel" is ~d in said Code, it means the City Attorney of the City of Rancho Cucamonga, :.. ifornia. SECTION 4: All permit fees, license fees, taxes, and other fees and charges of whatever nature provided for in said San Bernardino County Code shall be collected by and shall belong to the City of Rancho Cucamonga, California, and all licenses and permits referred to in said San Bernardino County Code shall be issued, in the discretion of the appropriate official, by the City of Rancho Cucamonga, California, except as hereinafter expressly provided: (a) The permits referred to in the following Sections of the San Bernardino County Code shall be issued by the County Officer or department referred to in said Code, and all permit fees payable under the following Sections of the San Bernardino County code shall be paid to and collected by said County Official or department. Said Sections of the San Bernardino County Code are: (1) Sections 31.031 through 31.038, inclusive; (2) Section 34.014; (3) Section 34.022; Ordinance No. 17 Page 3 (4) Section 34.065; (5) Section 35.031; (6) S~ction 35.033; (7) Section 35.034; (8) Section 36.018; and, (9) Section 36.032. SECTION 5: No person shall violate any provision or fail to comply with any of the requirements of this Ordinance, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein, shall be guilty of a misdemeanor, and upon conviction, shall be punishable by fine of not more than $500.00, or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which the violation of any provision is ~ommitted, continued or permitted by such person, and shall be punishable accord- ingly. In addition to the penalties provided above, any condition caused or permitted to exist in violation of this Ordinance, the provisions of the San Bernardino County Code adopted herein bv reference, or any secondary code referred to therein, which is declared therebv to be a public nuisance, shall be deemed to be a continuing violation. Any such public nuisance may be summarily abated by the City. SECTION 6: The City Council finds that the San Bernardino County Code contains no general plan applicable to the City. Pending adoption of a general plan, the provisions of Government Code Section 65302.5 shall apply. SECTION 7: In the event of conflict between any provision of the San Bernardino County Code adopted herein by reference, and the provisions of any other Ordinance of the City of Rancho Cucamonga, California, the provisions of such other Ordinance shall be controlling. SECTION 8: If any provision of this Ordinance or application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall be be affected thereby. SECTION 9: The City Council does hereby declare the following facts shall constitute the urgency requiring this Ordinance to take effect immediately as an Urgency Ordinance: (a) That the City of Rancho Cucamonga, California, is recently incorporated and as such has not had time to adopt a full set of Ordinances for the City. (b) That Ordinance No. 1 of the City of Rancho Cucamonga, California, enacted December 2, 1977, adopting the County Ordinances for a period of one hundred twenty (120) days is about to become ineffective. (c) That the immediate removal of the force and effect of County Ordinances within the boundaries of the City of Rancho Cucamonga, Calif- ornia, will be detrimental to the public peace, health and safety. SECTION 10: This Ordinance is for the immediate preservation of the public peace, health or safety, and shall take effect immediately upon its adoption. Ordinance No. 17 Page 4 PASSED, APPROVED and ADOPTED this 29th day of March, 1978. AYES: Mikels, Palombo, Schlosser, Frost NOES: None ABSENT: West ///f Rancho Cucamonga ATTEST: City Clerk