MISSION VIEJO MUNICIPAL CODE CITY OF MISSION VIEJO, CALIFORNIA

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Published in 1993 by Order of the City Council

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Adopted April 12, 1993

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OFFICIALS

of the

CITY OF

MISSION VIEJO, CALIFORNIA

AT THE TIME OF THIS CODIFICATION

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Robert D. Breton

Mayor

____________

Susan Withrow

Mayor Pro Tem

____________

Sharon Cody

William S. Craycraft

Joseph D. Lowe

Councilmembers

____________

Fred Sorsabal

City Manager

____________

Peter Thorson

City Attorney

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Ivy J. Joseph

City Clerk

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of Mission Viejo, California.

Source materials used in the preparation of the Code were the 1988 Code and portions of the Orange County Code, adopted by Ord. No. 88-12, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1988 Code and any subsequent ordinance included herein.

The Code follows the arrangement of the 1988 Code, with such modifications as necessary to incorporate those portions of the County Code adopted by city Ord. No. 88-12, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related portions of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter.

CODE	CD1:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CODE INDEX	CDi:1

 

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of James S. Vaught, Supervising Editor, and Laura Johnson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Ms. Ivy J. Joseph, City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Municipal Code which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ADOPTING ORDINANCE

ORDINANCE NO. 93-110

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION VIEJO AMENDING IN FULL AND RECODIFYING THE MISSION VIEJO MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Mission Viejo hereby finds, determines, and declares as follows:

A.

On March 31, 1988, the City Council of the City of Mission Viejo adopted Ordinance No. 88-3 establishing the Mission Viejo Municipal Code.

B.

As part of Ordinance No. 88-12, adopted June 27, 1988, and by subsequent ordinances, the City Council adopted by reference portions of the Codified Ordinances of the County of Orange to be applicable within the City of Mission Viejo.

C.

At various other times since the adoption of Ordinance No. 88-3, the City Council has adopted various other ordinances adding provisions to the Mission Viejo Municipal Code and amending certain provisions of the Mission Viejo Municipal Code.

D.

The City now desires to revise, recodify and recompile the ordinances comprising the Mission Viejo Municipal Code into a comprehensive and unified municipal code, subject to certain exceptions described below.

E.

In revising and recodifying the Mission Viejo Municipal Code, the Council is not revising and recodifying those provisions of the Mission Viejo Municipal Code relating to planning and zoning, as specifically described in Section 4, below, because the revision of such sections is currently under substantive review by the Planning Commission.

F.

The City is authorized by Government Code Section 50022.10 to recodify and recompile its municipal code and the City has complied with the procedures of Government Code Sections 50022.1 to 50022.10.

Section 2. Recodification of the Code. The Mission Viejo Municipal Code is hereby amended, revised and recodified to read as set forth in that certain document entitled "Mission Viejo Municipal Code," and on file in the Office of the City Clerk and available for public inspection. This amendment, revision and recodification of the Mission Viejo Municipal Code shall be referred to for convenience in this Ordinance as the "recodification" of the Mission Viejo Municipal Code. The Municipal Code and the secondary codes adopted by reference in the Municipal Code are adopted by reference under the provisions of Sections 50022.1 to 50022.10 of the Government Code of the State of California.

Section 3. Effect of Adoption. The recodification of the Municipal Code does not affect the following matters:

(A)

Actions and proceedings which began before the effective date of this Ordinance;

(B)

Prosecution for ordinance violations committed before the effective date of this Ordinance;

(C)

Licenses and penalties due and unpaid at the effective date of this Ordinance and the collection of these licenses and penalties;

(D)

Bonds and cash deposits required to be posted, filed, or deposited pursuant to any Ordinance, Resolution, or regulation;

(E)

Matters of record which refer to or are connected with an Ordinance, the substance of which is included in the Municipal Code. These references shall be construed to apply to the corresponding provisions of the Municipal Code.

Section 4. Continuation of Existing Law. Where they are substantially the same as existing law, the recodification of the Mission Viejo Municipal Code shall be considered a continuation of existing law and not a new enactment. The provisions of those Ordinances adopted by the City Council prior to the adoption of this Ordinance, which have been codified into the Municipal Code are hereby repealed as of the effective date of this Ordinance, except as hereinafter provided.

The following ordinances and sections of the Mission Viejo Municipal Code shall remain in full force and effect, notwithstanding the fact they were not included in the recodification referred to in Section 1 of this Ordinance:

A.

Section 12 of Ordinance No. 88-12, of the Mission Viejo Municipal Code relating to planning and zoning provisions of the Mission Viejo Municipal Code.

B.

Ordinance Nos. 92-98 through 92-109, adopted by the City Council after November 16, 1992 and not yet included in the recodified version of the Code.

C.

Section 1 of Ordinance No. 89-28 establishing certain nuisance abatement procedures for the City.

Section 5. Exclusions From Code. Every ordinance governing the following subject matters is excluded from the Municipal Code and is not affected by any repeal of provisions thereof unless specifically included in the Code:

(1)

Alteration of City boundaries;

(2)

Contracts to which the City is a party;

(3)

Elections to which the City is a party;

(4)

Fixing the rate and making a levy of City taxes;

(5)

Granting, altering, or withdrawing a franchise;

(6)

Land use classifications of specific property;

(7)

Naming roads and streets;

(8)

Any ordinance promising or guaranteeing the payment of money from the City or authorizing the issuance of any bonds for the City or any evidence of indebtedness of the City;

(9)

Any ordinance establishing any district, public corporation or other entity;

(10)

Any ordinance dedicating, naming, establishing, locating, relocating or putting paving, widening, vacating, establishing grades, or taking of any other action relating to any street, highway or public right of way;

(11)

Any ordinance relating to specific public improvements or assessments therefore;

(12)

Any appropriation ordinance;

(13)

Investment of City funds;

(14)

Establishing the compensation of elected officials, municipal officers and employees of the City;

(15)

Any ordinance dedicating or accepting any plat or subdivision within the City;

(16)

Any interim moratorium ordinance pursuant to Section 65858 of the Government Code in effect at the time of adoption of this Ordinance; and,

(17)

Any ordinance expressly saved from repeal by the terms of the Mission Viejo Municipal Code.

Section 6. Subsequent Amendments to the Municipal Code. Any ordinance or provision of any ordinance making any addition or amendment to the Mission Viejo Municipal Code when passed in a form indicating the intention of the City Council to make the ordinance, or portion thereof, part of the Mission Viejo Municipal Code shall be deemed to be incorporated into the Municipal Code, and any reference to the Mission Viejo Municipal Code or any title, chapter, or section thereof, shall be understood and intended to include the appropriate provisions of such addition or amendment.

Section 7. Maintenance and Distribution of the Code. Not less than one Copy of the Municipal Code, certified by the City Clerk, shall be kept on file in the Office of the City Clerk for examination and use by the public. Amendments to this Municipal Code shall be noted by Ordinance Number, on appropriate pages of the Municipal Code, and complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the Office of the City Clerk for use and examination by the public.

Section 8. Modifications During Recodification. In preparing the adopted Ordinances for Codification into the Municipal Code, certain revisions were required for consistency and clarity. These revisions shall be deemed to be amendments to Ordinances previously adopted. The following types of revisions are specifically authorized:

(a)

Renumbering of Ordinance Sections and Subsections for appropriate placement in the Municipal Code;

(b)

References to this "Ordinance" revised to reflect this "Chapter" or "Section" as appropriate.

(c)

References to violations constituting a misdemeanor or an infraction with specific statements of the penalty revised to refer to the general penalty provisions in Section 1.01.200 to 1.01.310 as appropriate;

Section 9. Savings Clause. Neither the adoption of this Ordinance nor the repeal, express or implied, of any other ordinance of the City shall, in any manner, affect the prosecution for violation of ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a waiver of any of the penalty or penal provisions applicable to such violation. The provisions of this Ordinance, to the extent they are substantially the same as ordinances previously adopted by the City and relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

Section 10. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 12th day of April, 1993.

	/s/         ROBERT DAVID BRETON       MAYOR

ATTEST:

/s/         IVY J. JOSEPH       CITY CLERK

STATE OF CALIFORNIA       )

COUNTY OF ORANGE       )
ss

CITY OF MISSION VIEJO       )

I, IVY JOSEPH, City Clerk of the City of Mission Viejo, California, do hereby certify that the foregoing Ordinance No. 93-110 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of March, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of April, 1993, by the following vote, to wit:

AYES: BRETON, CODY, CRAYCRAFT, LOWE, WITHROW

NOES: NONE

ABSTAIN: NONE

ABSENT: NONE

/s/         IVY J. JOSEPH       CITY CLERK

APPROVED AS TO FORM:

/s/         PETER M. THORSON       CITY ATTORNEY