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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

CHAPTER I.
DEFINITIONS, APPLICABILITY AND RULES OF CONSTRUCTION

This Code shall be known as the "County of Santa Clara Ordinance Code," and it shall be sufficient to refer to said Code as the "Santa Clara County Code" in any prosecution for the violation of any of the provisions hereof.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-2. Reference includes amendments.

Whenever reference is made to any portion of this Code, the reference applies to all amendments and additions now or hereafter made.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 9.

Sec. A1-3. Applicability of provisions governing construction.

Unless the provisions or the context of this Code otherwise require, the general provisions, rules of construction and definitions set out in this division shall govern the construction of this Code.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-4. History notes, editor's notes, state law and cross references.

The history notes appearing in parentheses after each section and the editor's notes and cross reference notes throughout the Code are for the benefit of the user of the Code and shall not be considered as part of the text of the Code.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 2.

Sec. A1-5. Severability.

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Code. The Board of Supervisors hereby declares that it would have adopted this Code, and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 23.

Sec. A1-6. Effect of headings.

Title, division, chapter, article or section headings when 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, division, chapter, article or section.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 6800.

Sec. A1-6.1. Computation of time.

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 an official County holiday, and then it is also excluded.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 6800.

Sec. A1-7. Territorial applicability of Code.

This Code is applicable in the unincorporated territory of the County of Santa Clara and to that territory within the corporate limits of any city over which the county has jurisdiction or control by virtue of the Constitution or any law, by reason of ownership or control of property, or by virtue of any agreement between the county and any city within the territorial limits of the county.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-8. Delegation of powers, duties.

Whenever a power is granted to or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of such officer or by a person otherwise duly authorized pursuant to law, unless this Code expressly provides otherwise.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-9. State definitions adopted.

For the purposes of this Code, all words not otherwise defined in this Code shall have the meanings determined by the laws of this state and the decisions of the courts of this state.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Definitions for Government Code, Government Code § 8 et seq.

Sec. A1-10. "Across" defined.

As used in this Code, "across" includes along, on, or upon.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-10.1. "And," "or" construed.

"And" may be read as "or," and "or" may be read "and" if the context requires it.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-10.2. "Board of Supervisors" or "Board" defined.

As used in this Code, "Board of Supervisors" or "Board" shall mean the Board of Supervisors of the County of Santa Clara, State of California.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-11. "Charter" defined.

As used in this Code, "Charter" shall mean the Charter of the County of Santa Clara.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-11.1. "Code" defined.

As used in this Code, "Code" shall mean the County of Santa Clara Ordinance Code, as provided in section A1-1.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-12. "Controller" defined.

As used in this Code, "Controller" shall mean the controller and ex officio auditor of the County.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-13. "County" defined.

As used in this Code, "County" is the County of Santa Clara, State of California.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-13.1. "Deputy" defined.

As used in this Code, "deputy," when used alone, shall mean any person employed by or under contract to the County who acts for the department head under the direction of and subordinate to the department head or his or her assistant, when appointed pursuant to law.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-14. "Ex officio" defined.

As used in this Code, "ex officio" shall mean by virtue of office.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-15. Gender construed.

As used in this Code, the masculine gender includes the feminine, and the feminine includes the masculine.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 12.

Sec. A1-16. Number construed.

As used in this Code, the singular number includes the plural, and the plural includes the singular.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 13.

Sec. A1-17. Office, board or commission.

The use of the title of any officer, employee, office, commission, department or board in this Code shall mean such officer, employee, office, commission, department or board of the County of Santa Clara.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-18. Officers and employees defined.

For the purposes of this Code, the term "officers and employees" shall mean all incumbents, officers and employees and their officers, assistants, deputies and employees.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-19. "Operate" defined.

As used in this Code, "operate" includes engage in, carry on, keep, conduct, maintain or cause to be carried on, kept, conducted or maintained.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-20. "Owner" defined.

As used in this Code, "owner" as used in relation to a building or land shall include any part owner, joint owner, tenant in common, joint tenant of the whole or part of such building or land.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-21. "Person" defined.

As used in this Code, "person," except as otherwise provided herein, shall mean any natural person, firm, corporation, partnership, club, any association or combination of natural persons, whether acting by themselves or through any servant, agent or employee.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 17.

Sec. A1-22. "Sale" defined.

As used in this Code, "sale" includes any sale, exchange, barter or offer for sale.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-23. "Shall" and "may" construed.

As used in this Code, "shall" is mandatory and "may" is permissive.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 14.

Sec. A1-24. "State" defined.

As used in this Code, "state" is the State of California.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 18.

Sec. A1-25. "Supervisor" defined.

As used in this Code, "supervisor" shall mean a member of the Board of Supervisors of the County of Santa Clara.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-26. Tense construed.

As used in this Code, the present tense includes the past and future tenses, and the future tense includes the present tense.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Similar provisions, Government Code § 11.

Sec. A1-27. "Year" defined.

As used in this Code, "year" shall mean the fiscal year unless the calendar year is specifically designated.

(Ord. No. NS-300.735, § 1, 10-19-04)

CHAPTER II.
PENALTIES AND ENFORCEMENT

Sec. A1-28. Violation declared misdemeanor; general penalty.

Except as otherwise expressly provided in this Code, any person who violates any provision of this Code or fails to comply with any mandatory requirement of this Code shall be guilty of a misdemeanor. Except as otherwise provided in this Code, any person convicted of a misdemeanor under any provision of this Code shall be punishable by a fine of not more than $1,000.00, imprisonment in the county jail for a period not exceeding six months, or both. Except as otherwise provided in this Code, each person shall be guilty of a separate offense for each and every day or any portion of a day during which any violation of any provision of this Code is committed or permitted and shall be punishable accordingly.

(Ord. No. NS-300.735, § 1, 10-19-04)

State law reference(s)--Violation of ordinance declared misdemeanor unless by ordinance made infraction, Government Code § 25132.

Sec. A1-29. Notice to appear upon arrest.

If any person is arrested for a violation of any provision of any ordinance of the County and is not immediately taken before a magistrate as prescribed by the Penal Code of the State of California, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address, the offense charged, and the time and place where and when the arrested person shall appear in court. The time specified in the notice to appear shall be at least five days after the arrest. The place specified in the notice to appear shall be the court of the magistrate before whom the arrested person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by the court to receive a deposit of bail.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-30. Release from custody on promise to appear.

The arresting officer shall deliver one copy of the notice to the arrested person, and the arrested person in order to secure release must give his or her written promise to appear in court by signing the duplicate notice which shall be retained by said officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. The arresting officer shall as soon as practicable file the duplicate notice with the magistrate specified therein.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-31. Issuance of warrant on failure to appear.

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 of California, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he or she promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-32. Wilful violation of promise to appear declared misdemeanor.

It shall be unlawful for any person to willfully violate his or her written promise to appear in court. Any person who willfully violates his or her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

(Ord. No. NS-300.735, § 1, 10-19-04)

CHAPTER III.
NUISANCE ABATEMENT

Sec. A1-33. Purpose.

This chapter defines the situations that constitute a public nuisance and sets forth a process for addressing public nuisances.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-34. Public nuisance defined.

Any of the following are deemed unlawful and a public nuisance and a violation of this Code:

(a) Any condition, act, or omission declared by any statute of the State of California or any provision of this Code to be a public nuisance.

(b) Any public nuisance known or recognized in common law or equity.

(d) Any use or condition of property that (1) poses a danger to human life or (2) is unsafe or detrimental to the public health, safety, or welfare.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-35. Nuisance abatement authority.

(a) Those who are authorized to enforce this chapter and to abate any public nuisance on behalf of the County include (i) any County official, employee, agency or department identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation the violation of which has caused or contributed to the public nuisance on the property, (ii) the Office of the County Counsel, and (iii) the Office of the District Attorney.

(b) Upon discovering a public nuisance, any County official, employee, agency or department who is identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation the violation of which has caused or contributed to the public nuisance may do one or more of the following:

(1) Take any reasonable steps to abate the nuisance including, but not limited to, removing, repairing or restoring any land, building, structure, use or condition that constitutes a public nuisance. Summary abatement of the nuisance is authorized in accordance with Section A1-40; otherwise, abatement may not be undertaken until the property owner and any persons known to the County to be in possession of the land are provided with notice and an opportunity to be heard in compliance with Government Code Section 25845 and this chapter.

(2) Seek relief from any court to abate the nuisance through the Office of the County Counsel or Office of the District Attorney.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-36. Notice of public nuisance.

(a) Whenever a public nuisance exists upon any property, a written notice of public nuisance will be provided to the record owner of the property and anyone known to the County to be in possession of the property. Notice will be provided by posting a notice on the property and by mail at the address shown on the latest assessment roll or at any other address of the owner known to the County official providing notice.

(b) The notice will state that, within 20 days of the date of the notice, the property owner or possessor may request a meeting with the County official designated in the notice to present evidence that the public nuisance does not exist. The meeting shall take place within 45 days from the date of the notice.

(c) At the meeting with the designated County official, the property owner or possessor may present evidence demonstrating why a public nuisance does not exist. After the meeting, the official will notify the property owner or possessor in writing of the official's determination regarding whether a public nuisance exists on the property.

(d) If a notice of public nuisance has been issued and either a meeting is not timely requested or the designated County official determines after considering the evidence presented at the meeting that a public nuisance exists, a hearing regarding abatement of the public nuisance may be scheduled before the Board of Supervisors.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-37. Abatement hearing and order.

(a) The record owner of the property and anyone known by the County to be in possession of the property will be notified in writing of the date, time and location of the abatement hearing before the Board of Supervisors at least ten days before the hearing date.

(b) At the abatement hearing, the property owner or possessor may submit evidence to show why there is no public nuisance on the property.

(c) If the Board of Supervisors determines that a public nuisance exists on the property, it may order the property owner or possessor to abate the nuisance by a particular date. Failure to abate a public nuisance by the date indicated in the abatement order constitutes a violation of this chapter.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-38. Enforcement.

(a) If a public nuisance is not abated by the date indicated in the abatement order issued by the Board of Supervisors, the County is authorized to do any or all of the following:

(1) Abate the nuisance.

(2) Hire a third party to abate the nuisance.

(3) Record a notice with the County Clerk-Recorder stating that a public nuisance exists on the property.

(4) Seek a court order through the Office of the County Counsel or Office of the District Attorney requiring the property owner or possessor to abate the public nuisance.

(b) County employees and officials may enter onto private or public property for purposes of implementing this chapter, including but not limited to inspecting the property and abating the public nuisance. Where the County has contracted with a third party, the third party is authorized to enter onto private or public property to carry out the purposes of this chapter, including but not limited to inspecting the property and abating the public nuisance.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-39. Notice of expungement.

Upon sufficient proof to the County official designated in the notice given pursuant to section A1-36 that the public nuisance has been abated on a property, any affected property owner or possessor may request that the recorded notice of public nuisance be expunged. If the County official determines that the public nuisance has been abated, the official will cause a notice of expungement to be recorded with the County Clerk-Recorder upon full payment of all applicable fees established by the Board of Supervisors.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-40. Summary abatement.

Summary abatement of a public nuisance is authorized, and the procedural requirements in Sections A1-36 and A1-37 do not apply, where the County Executive or any person with written authorization from the County Executive to order summary abatement pursuant to this section determines that the nuisance constitutes an immediate threat to public health or safety. This includes situations where the determination of immediate threat is made after the procedures in sections A1-36 and A1-37 have begun.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-41. Abatement cost recovery.

(a) Any owner of property upon which a public nuisance is determined to exist pursuant to this chapter is responsible for reimbursing the County for all abatement costs incurred in relation to the nuisance, including administrative costs, inspection costs, staff costs, contractor costs, attorneys' fees, and all costs associated with physically abating a public nuisance on or in connection with the property. This reimbursement requirement applies whether the abatement is conducted pursuant to the administrative abatement process in this chapter, the summary abatement process in this chapter, or by a civil action.

(b) To the extent required by Government Code Section 25845, a prevailing property owner may recover attorneys' fees in an amount not exceeding the attorneys' fees incurred by the County in the action or proceeding.

(c) Failure to reimburse the County for all of its abatement costs within 30 days of a demand for reimbursement by the County constitutes a violation of this chapter. If any property owner fails to reimburse the County for all abatement costs within this time period, the Board of Supervisors may order the full abatement cost to be specially assessed against the property in accordance with Government Code Section 25845.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-42. Civil actions and penalties.

(a) In addition to any other remedies provided in this chapter or any other law, ordinance or regulation, and regardless of whether the administrative abatement process in this chapter has occurred, the Office of the County Counsel or Office of the District Attorney may bring a civil action against any person who has violated or is violating any provision of this chapter, including but not limited to any person who has caused or contributed to a public nuisance, any person who fails to comply with an order to abate issued by the Board of Supervisors pursuant to Section A1-37(c), or any person upon whose property a public nuisance is abated through the summary abatement process. Any person determined by a court to have violated this chapter may be subject to civil penalties provided in this section and any other relief ordered by the court.

(b) In addition to any injunctive or equitable relief that the court in its discretion deems warranted, the civil penalties assessed shall be as follows:

(1) A first violation of this chapter shall be punishable by a civil penalty not exceeding $2,500.00 per day or portion of a day during which the public nuisance exists.

(2) A second violation of this chapter within five years shall be punishable by a fine not exceeding $5,000.00 per day or portion of a day during which the public nuisance exists.

(c) If the civil penalties assessed are not sufficient to provide full restitution to the County for its abatement costs as defined in section A1-41 and Government Code Section 25845, the court shall award an additional amount to the County to provide full restitution. Any civil penalties assessed pursuant to this section and any additional amount awarded to the County for restitution shall be paid to the County Treasurer/Controller.

(d) The court may also require the property owner to reimburse any other persons, entities or public agencies for any damages sustained or costs incurred as a result of the public nuisance, including but not limited to attorneys' fees.

(e) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition that may be abated pursuant to this chapter, the court may order the owner to pay treble the abatement costs. This treble damages provision does not apply to conditions abated pursuant to Health and Safety Code Section 17980.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-43. No civil liability for enforcement.

There shall be no civil liability on the part of, and no cause of action shall arise against, any County official, employee, department, agency, investigator, consultant, contractor or agent acting pursuant to this section and within the scope of his or her authority.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-44. Preservation of remedies.

Nothing in this chapter is intended to limit or void any rights, remedies or authority of the County or any County official, employee, department, agency, investigator, consultant, contractor or agent of the County provided by any other law, ordinance, or regulation.

(Ord. No. NS-300.735, § 1, 10-19-04)