Emeryville City Council
October 17, 2023

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 2.

DANGEROUS AND INSANITARY CONDITIONS
Sections:
6-2.01 Expectorating
6-2.02 Littering and Accumulations: Public Places; Infraction Penalty 6-2.03 Littering and Accumulations: Parks and Schools; Infraction Penalty 6-2.04 Accumulations: Private Premises
6-2.05 Private Premises: Maintenance
6-2.06 Private Premises: Yards: Maintenance
6-2.07 Vacation of Premises: Notices
6-2.08 Abatement: Authority
6-2.09 Abatement or Repair: Procedure
6-2.10 Abatement or Repair: Expenses
6-2.11 Abatement or Repair: Expenses: Liens
6-2.01 Expectorating.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation as provided in Chapter 7 of Title 1 of this Code, for any person to spit or expectorate upon the floor or steps of any public car or conveyance or any public building or upon any sidewalk or crosswalk. (Sec. 11.13, E.T.C., as added by Sec. 2, Ord. 509)
6-2.02 Littering and Accumulations: Public Places; Infraction Penalty.

It shall be unlawful for any person to throw into or onto, deposit, or permit deposits to accumulate and remain upon, any way, square, park, sidewalk, street, vacant lot, yard, or railroad right-of-way any paper, garbage, filth, glass, rubbish, or other waste material which, by its presence, may injuriously affect the health, safety, and comfort of persons or depreciate property values in the vicinity thereof. It shall be unlawful for any person to sweep into or deposit in any roadway, gutter, culvert, or storm sewer inlet any such material moved from any adjacent sidewalk, garden, yard, or building. In addition to any other penalties and civil remedies provided by this chapter, each violation of this provision may also be prosecuted as an infraction, as provided in Section 1-2.01 of Chapter 2 of Title 1 of this Code.
(Sec. 11.11, E.T.C., as added by Sec. 2, Ord. 509)
6-2.03. Littering and Accumulations: Parks and Schools; Infraction Penalty.

It shall be unlawful for any person, except in proper receptacles where so provided by the City, to place, deposit, dump, or leave, or cause to be placed, deposited, dumped, or left, in or upon the grounds of any park or school, or the waters of any fountain, pond, lake, stream, or other body of water in any park or school, any garbage, swill, can, bottle, paper, refuse, trash, or rubbish. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park or school by the person responsible for its presence and properly disposed of elsewhere.

It shall be unlawful for any person to bring in, place, deposit, dump, or leave, or cause to be brought in, placed, deposited, dumped, or left, in or upon the grounds of any park or school, or the waters of any fountain, pond, lake, stream, or other body of water in any park or school, any carcass of any dead animal or any noisome, nauseous, or offensive matter.

In addition to any other penalties and civil remedies provided by this chapter, each violation of this provision may be prosecuted as an infraction, as provided in Section 1-2.01 of Chapter 2 of Title 1 of this Code. (Secs. 11.19 and 11.20, E.T.C., as added by Sec. 2, Ord. 509) 6-2.04 Accumulations: Private Premises.

In addition to other penalties or civil remedies provided in this chapter, it shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person having DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. DANGEROUS AND INSANITARY

CONDITIONS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. the possession or control of any real property to cause, permit, or allow any stagnant water, dangerous or insanitary condition, or obnoxious or offensive substance to stand, remain, or exist on such real property. (Sec. 11.12, E.T.C., as added by Sec. 2, Ord. 509)
6-2.05 Private Premises: Maintenance.

Every person or business owning, occupying, or controlling any premises shall maintain such premises in a clean and sanitary condition and free from any dangerous or insanitary condition, accumulation of garbage, rubbish, filth, decayed matter, offal of any kind, or any offensive or ill-smelling matter which may be objectionable or unreasonably pollute the air, encourage the harborage of rodents and insects, constitute a fire hazard, or result in such unsightliness of the premises so as to result in the depreciation of the enjoyment or value of adjoining property. (Sec. 11.16, E.T.C., as added by Sec. 2, Ord. 509)
6-2.06 Private Premises: Yards: Maintenance.

Every person or business owning, occupying, or controlling any premises shall keep and maintain the yards thereof in an orderly, neat, and clean condition and free from the storage or accumulation of any clutter, rubbish, garbage, equipment, or building materials or products; provided, however, equipment, building materials, and other products may be stored for business purposed upon business premises provided such premises are neatly fenced, with locked gates, to prevent injuries to persons or property.
(Sec. 11.17, E.T.C., as added by Sec. 2, Ord. 509)
6-2.07 Vacation of Premises: Notices.

Whenever it shall be certified to the Council by the Health Officer that any building, or part thereof, is unfit for human habitation by reason of its being in such a condition to likely cause injury, sickness, or disease among its occupants, the Council may issue an order requiring all persons therein to vacate such building, or the objectionable part thereof, and shall cause a copy of such order to be affixed conspicuously upon the front of such building. The Council shall also cause a copy of such order to be served personally, or by mail if personal service cannot be made, upon the owner, agent, or lessee of such building. Such order shall state the reasons for requiring the infected building, or portions thereof, to be vacated and shall require that such premises be vacated within ten (10) days after affixing such order thereon; provided, however, if, in the opinion of the Health Officer, the public health and safety shall require such premises to be vacated sooner than said ten (10) days, the Council may require, and such order shall provide for, the vacating of such premises within a shorter time than ten (10) days, in no case, however, to be less than twenty-four (24) hours after the time of affixing a copy of the order on the premises. (Sec. 11.14, E.T.C., as added by Sec. 2, Ord. 509)
6-2.08 Abatement: Authority.

Every dangerous or insanitary condition which may exist upon any premises in the City may be abated by the Health Officer or any other authorized City official in the manner provided in this chapter. (Sec. 11.15, E.T.C., as added by Sec. 2, Ord. 509)
6-2.09 Abatement or Repair: Procedure.

The following procedure shall be used by the official charged with the duty to abate or repair any dangerous or insanitary condition pursuant to the provisions of this chapter:
(a) Complaints: Filing. A written complaint may be filed with the Council setting forth the facts showing that a dangerous or insanitary condition exists or that there has been a failure to repair a dangerous condition upon any premises, real estate, or right-of-way in the City. Upon the receipt of such complaint the Council, forthwith by resolution, shall fix a time and place for a public hearing on such complaint. (b) Complaints: Hearings: Notices. The official presenting the complaint shall cause a copy of such resolution and complaint to be served upon the person in possession of such premises, or upon the owner thereof, not less than five (5) days prior to the time fixed for such hearing. Such service may be by delivery of a copy of such resolution and complaint to the owner or occupant personally or by enclosing a copy of such resolution and complaint in a DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. DANGEROUS AND INSANITARY

CONDITIONS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. sealed envelope, postage prepaid, addressed to the occupant as the same appears on the last equalized assessment roll, and depositing a copy of such resolution and complaint in the United States mail. Service shall be deemed completed at the time of the deposit in the United States mail. (c) Complaints: Hearings. Upon the date and at the place and hour fixed for the hearing on such complaint, the Council shall hear such evidence as may be presented by any interested party. Such hearing may be continued from time to time by the Council.
(d) Complaints: Decisions. Upon the completion of such hearing the Council shall either dismiss the complaint or shall direct that the dangerous or insanitary condition shall be abated or that the required repairs shall be made. (e) Complaints: Decisions: Notices. The official shall forthwith give written notice, in the manner set forth in subsection (b) of this section, to the owner or occupant of such premises, real estate, or right-of-way to abate such condition or make such repairs forthwith, as the case may be. (f) Decisions: Failure to Comply: Abatement or Repair by Official or City. If such abatement or such repairs are not commenced within five (5) days thereafter and diligently prosecuted to completion, the respective official shall cause the condition to be abated or repairs to be made, as the case may be. (Sec. 11.18, E.T.C., as added by Sec. 2, Ord. 509)
6-2.10 Abatement or Repair: Expenses.
(a) Assessments. The expenses incurred by the respective official or of any department of the City in the abatement of any dangerous or insanitary condition or the expense and costs incurred in the making of repairs of a dangerous and defective condition shall be assessed against the real property upon which the premises was located or repairs were made.
(b) Assessments: Notices. The official shall give the owner or occupant of such premises, real estate, or right-of-way a written notice in the manner set forth in subsection (b) of Section 6-2.09 of this chapter. Such notice shall show the itemized costs of such abatement or repairs, as the case may be, and request the payment thereof. (c) Assessments: Failure to Remit. If the amount of such expenses shown in such notice is not paid to the respective official within five (5) days after such notice, the official shall record a notice of lien in the office of the County Recorder.
(Sec. 11.18, E.T.C., as added by Sec. 2, Ord. 509)
6-2.11 Abatement or Repair: Expenses: Liens.
(a) Notices: Form. The notice of lien required to be recorded by the provisions of Section 6-2.10 of this chapter shall be substantially in the following form:

Notice of Lien
Pursuant to authority vested in me by Resolution No. ___ of the City Council of the City of Emeryville, passed on the ___ day of ____, 20___, I did, on the ____ day of ___, 20__, cause a dangerous (insanitary) condition located upon the hereinafter described real property to be abated, at the expense of the owner thereof, in the amount of $_____ (or I did, on the ____ day of _____, 20__, cause certain repairs of a dangerous and defective condition existing upon the hereinafter described premises, real property, or right-of-way, at the expense of the owner thereof, in the amount of $ ____ ) and that said amount has not been paid, nor any part thereof, and the City of Emeryville does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum, with interest thereon at the rate of six percent (6%) per annum from the date of the recordation of this lien in the office of the County Recorder of the County of Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Emeryville, County of Alameda, State of California, and particularly described as follows, to wit:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. DANGEROUS AND INSANITARY

CONDITIONS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Insert description of property)
Dated this ____ day of ______, 20___.
________________
(Signature and Title)
City of Emeryville
(b) Effect. The amount set forth in the notice of lien shall be a lien against the property described therein until the amount thereof, plus accrued interest, has been paid in full. (c) Interest. The amount of such lien shall draw interest at the rate of six percent (6%) per year after the date of the recordation of such lien in the office of the County Recorder. (d) Enforcement. The statute of limitations shall not run against the right of the City to enforce the payment of such lien.
(Sec. 11.18, E.T.C., as added by Sec. 2, Ord. 509)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 4. COLLECTION OF SOLID WASTE AND
RECYCLABLES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 4.

COLLECTION OF SOLID WASTE AND RECYCLABLES*
* Editor’s Note: Former Chapter 4, “Garbage,” was amended in its entirety by Ord. 98-001. Ordinances or parts of ordinances formerly codified in this chapter include Ords. 294, 373, 464, 68-08, 85-019, 90-1 Sections:
6-4.01 Definitions
6-4.02 Removal, Handling and Disposal Requirements
6-4.03 Responsibility for Proper Removal and Disposal of Municipal Solid Waste 6-4.04 Removal, Handling, and Disposal of Municipal Solid Waste 6-4.05 Prohibited Acts
6-4.06 Containers; Serviceability
6-4.07 Containers; Placement
6-4.08 Containers; Prohibited Materials
6-4.09 Weight Limits
6-4.10 Collection; Interference
6-4.11 Failure to Initiate or Maintain Service
6-4.12 Administrative Hearing
6-4.13 Recordation of Lien for Delinquent Charges
6-4.14 Collection of Delinquent Charges
6-4.15 Manner of Giving Notices
6-4.16 Ownership of Recyclable Materials; Violations
6-4.17 Prohibition on Destruction of Source Separated Recyclables 6-4.18 Right of Individuals to Dispose of Source Separated Recyclables 6-4.19 Penalties
6-4.20 Repealed by Ord. 10-15
6-4.21 Repealed by Ord. 10-15
6-4.22 Repealed by Ord. 10-15
6-4.24 Repealed by Ord. 10-15
6-4.25 Organics Reduction and Recycling
6-4.01 Definitions.

For the purposes of this chapter certain words and phrases used in this chapter are defined as follows:
(a) “Bulky goods” shall mean materials, such as large household appliances, furniture, carpets, mattresses, electronic waste, cardboard and other items generated within the City that typically do not fit within a household sized container but does not include hazardous waste.
(b) “City” shall mean the City of Emeryville.
(c) “Container” shall mean a receptacle or other item approved by the Director for use in containing municipal solid waste, universal waste, and/or construction and demolition debris that is collected, self-hauled or composted. (d) “Compost” shall mean the purposeful or engineered physical, chemical, and biological degradation of biodegradable materials into soil amendments as determined by standard laboratory analysis. (e) “Commercial” shall mean a commercial establishment and/or industrial facility, including but not limited to office, retail, governmental, religious, and educational facilities. “Commercial” does not include facilities that contain dwellings.
(f) “Construction and demolition debris” shall mean used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations of any house, residential property, commercial building, pavement, or other structure. Construction and demolition DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 4. COLLECTION OF SOLID WASTE AND
RECYCLABLES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. debris includes rocks, soils, tree remains, and other waste which results from land clearing or land development operations in preparation for construction but does not include hazardous waste. (g) “Director” shall mean the Director of Public Works of the City or his/her designee. (h) “Discard facility” shall mean any facility(ies) that holds applicable permits to process and market materials for re-use or recycling; compost; or dispose of municipal solid waste, household hazardous waste; construction and demolition debris, or universal waste.
(i) “Dwelling” shall mean a residence, flat, apartment, live-work unit, or other facility, which meets the applicable City codes for residential living. “Dwelling” does not include a hotel or motel. (j) “Franchisee” shall mean the entity(ies) granted a franchise by the City to collect, handle and dispose of municipal solid waste generated within the City limits. (k) “Hazardous waste” shall mean:
(1) Any material, substance, waste or component thereof which poses an actual or potential risk to public health and safety or the environment by virtue of being actually or potentially toxic, corrosive, bioaccumulative, reactive, ignitable, radioactive, infectious or otherwise harmful to public health and safety or the environment, and which requires special handling under any present or future federal, state or local law, excluding de minimus quantities of waste of a type and amount normally found in solid waste generated by dwellings after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code; and
(2) All substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste in California Health and Safety Code Sections 25110.02, 25115, and 25117, as amended; or in the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended. (l) “Household hazardous waste” shall mean hazardous waste similar to or generated at dwellings within the City, and includes, but is not limited to, automotive fluids, paints, varnishes, solvents, pesticides, fertilizers, and dry cell batteries.
(m) “Municipal solid waste” shall mean waste material generated within the City, including solid waste, bulky goods, organics, recyclables, or household hazardous waste. Municipal solid waste does not include construction and demolition debris, universal waste, or hazardous waste. (n) “Organics” shall mean all organic materials of plant or animal origin which are or were components of human foodstuffs. Organics shall also include nonrecyclable and soiled paper, vegetable trimmings, clean uncontaminated wood and sawdust, and other compostable waste. (o) “On-site composting” shall mean composting of organics on the premises of the generator of the organics in containers approved by the director.
(p) “Owner” shall mean the person(s) or entity(ies) holding legal title to the premises. (q) “Premises” shall mean any building or lot within the City boundaries. (r) “Putrescible waste” shall mean municipal solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for birds, insects, or animals. (s) “Roll-off box” means any unit, container, or enclosure including, but not limited to, six (6), ten (10), fourteen (14), twenty (20), thirty (30), forty (40), and fifty (50) cubic yard detachable units which are used for discards. A roll-off box may be an open top container or an enclosed container with a compaction unit.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 4. COLLECTION OF SOLID WASTE AND
RECYCLABLES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (t) “Self-haul” shall mean the removal and disposal of municipal solid waste, construction and demolition debris, household hazardous waste, or universal waste by the generator of the materials to a discard facility that holds all applicable permits.
(u) “Solid waste” shall mean all “solid waste” as defined in California Public Resources Code Section 40191, as that section may be amended from time to time, which is generated within the City. “Solid waste” includes all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, cold ashes, industrial wastes, pet manure, vegetable or animal solid and semisolid wastes, and other discarded wastes, but does not include abandoned vehicles or hazardous waste. “Solid waste” may include recyclables, bulky goods, and construction and demolition debris if such materials are not source separated from solid waste at the site of generation or collected for recycling, composting, processing, and marketing. (v) “Source separated organics” shall mean materials which have been segregated from solid waste by or for the generator on the premises at which they were generated to be made into on-site compost or collected by the franchisee to be made into compost at a facility holding all applicable permits. Compostable material includes putrescible material such as food waste, food-contaminated compostable paper products, tissue paper, paper towels, vegetative matter resulting from landscaping maintenance, including accumulation of lawn, grass, shrubbery cuttings or clippings, and dry leaf rakings, palm fronds, tree branches, bushes or shrubs, green leaf cuttings, fruits or other vegetative matter usually created as refuse in the care of lawns and yards. (w) “Source separated recyclables” shall mean materials which have been segregated from solid waste by or for the generator on the premises at which they were generated to be returned to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(x) “Tenant,” when used with reference to a dwelling, shall mean any person or persons, other than the owner, occupying or in possession of the dwelling.
(y) “Universal waste” shall mean materials that the California Department of Toxic Substances Control considers universal waste, including materials such as batteries, thermostats, lamps, cathode ray tubes, computers, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, some appliances, aerosol cans, and certain mercury-containing devices.
(z) “Yard waste” shall mean vegetative matter resulting from landscaping maintenance, including accumulation of lawn, grass, shrubbery cuttings or clippings and dry leaf rakings, palm fronds, tree branches, bushes or shrubs, green leaf cuttings, fruits, or other matter usually created as refuse in the care of lawns and yards. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.02 Removal, Handling and Disposal Requirements.

All occupied premises and construction/demolition sites are required to remove, handle, and dispose of municipal solid waste, universal waste, and/or construction and demolition debris through contract by the franchisee or by another service provider as under the terms of the franchise or provide documentation that all generated municipal solid waste, universal waste, and/or construction and demolition debris is being self-hauled to an appropriate discard facility(ies) holding all applicable permits or is being disposed of by on-site composting following the provisions of this chapter.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.03 Responsibility for Proper Removal and Disposal of Municipal Solid Waste. (a) Every owner of any premises or construction/demolition site where municipal solid waste, universal waste, and/or construction and demolition debris is generated and/or accumulated is responsible for proper waste removal and disposal. Nothing in this section prohibits an owner from including any and all waste removal and disposal as part of a lease agreement, or prohibits a tenant from directly contracting with the franchisee, or self-hauling all waste in accordance with the provisions of this chapter.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 4. COLLECTION OF SOLID WASTE AND
RECYCLABLES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) Every owner of a premises shall initiate service within ten (10) calendar days of occupancy of any premises or place within the city where municipal solid waste, universal waste, and/or construction and demolition waste is generated and/or accumulated. If service is not initiated within this time period, the provisions for failure to initiate or maintain service, as described in this chapter, shall apply. (c) Notwithstanding subsections (a) and (b) of this section, in lieu of initiating collection services for waste collection with the franchisee, an owner may elect to self-haul municipal solid waste, universal waste, and/or construction and demolition debris generated at the premises directly to a discard facility holding all applicable permits to accept the waste.
(1) The owner which self-hauls putrescible waste shall maintain records indicating such waste was removed from the premises and properly disposed of at least weekly at a discard facility holding all applicable permits; or is disposed of by on-site composting pursuant to the provisions of this chapter. (2) The City may conduct inspections and require proof of self-hauling. Failure to self-haul to the standards described in this section will result in the provisions of failure to initiate or maintain service, as described in this chapter, to apply.
(d) If the director determines that additional containers or capacity is necessary, the owner shall provide for such additional service within fifteen (15) days of the date of the mailing of written notice by the Director. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.04 Removal, Handling, and Disposal of Municipal Solid Waste.

It shall be a violation of the Emeryville Municipal Code for any person other than the franchisee to collect or transport any municipal solid waste, universal waste, or construction and demolition debris generated within the City, except as follows:
(a) Construction and demolition debris that is:
(1) Removed from a premises by a licensed contractor as an incidental part of a total construction, remodeling, or demolition service offered by that contractor rather than as a separately contracted or subcontracted hauling service using roll-off boxes or similar apparatus; or (2) Directly loaded onto a fixed body vehicle and hauled directly to a discard facility that holds all applicable permits.
(b) Municipal solid waste or universal waste removed and hauled by the generator directly to a discard facility holding all applicable permits.
(c) Source separated recyclables, source separated organics, bulky goods, or universal waste exempted from sole collection by the franchisee.
(d) Municipal solid waste, bulky goods, construction and demolition debris or universal waste collected and transported by City crews.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.05 Prohibited Acts.
(a) No person owning or occupying any premises in the City shall accumulate, or allow to accumulate, upon or in such premises waste materials of any kind; however, this section shall not be construed as interfering with a construction project during the construction period.
(b) No person shall dump, place or bury any waste of any kind on any premises or in any public place or right-of-way within the City.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 4. COLLECTION OF SOLID WASTE AND
RECYCLABLES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 6-4.06 Containers; Serviceability.
(a) All municipal solid waste, except for bulky waste, universal waste, or construction and demolition debris shall be deposited for removal in a container provided by the franchisee, a container which meets the service requirements of the franchisee, or a container for self-haul or on-site composting as approved by the Director. (b) Every owner of any premises or place within the City where municipal solid waste are generated or accumulated shall ensure that the containers are of an adequate quantity and/or size for the proper storage for collection. Cardboard, yard waste or wood may be bundled for collection as an alternative to placement in a source separated recyclables container.
(c) All containers shall be maintained in a clean, neat and sanitary condition. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.07 Containers; Placement.

No container for the collection of municipal solid waste or any bundle of yard waste or bulky goods shall be placed or stored on or in any public street, sidewalk, footpath, or public place. Notwithstanding the foregoing, such containers or bundles or bulky goods may be placed on a sidewalk for up to twenty-four (24) consecutive hours for the purpose of collection; provided, that the container or materials do not block or impede pedestrian travel or driveways owned or controlled by other persons or businesses. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.08 Containers; Prohibited Materials.
(a) No person shall place the following materials in a container: hazardous waste, household hazardous waste, universal waste, human waste (excluding disposable diapers), or uncontained liquids (excluding grease waste set out for tallow). Notwithstanding the foregoing, household hazardous waste or universal waste accepted for collection by the franchisee or through a City-sponsored event may be set out in a specially designated container. (b) Dirt, brick, rocks, and cement may only be placed in containers approved by the franchisee or containers hauled by nonfranchisees as permitted under Section 6-4.04. (c) No person shall place bulky goods for collection except by special arrangement with the franchisee or during a City-sponsored curbside cleanup.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.09. Weight Limits.

If collected manually by the franchisee, no container, yard waste bundle, or bulky goods shall have a total weight in excess of the weight permitted under the franchise agreement. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.10 Collection; Interference.

It shall be a violation of the Emeryville Municipal Code for any person to interfere with the collection, removal, and disposal of municipal solid waste, universal waste, or construction and demolition debris set out for collection by the franchisee.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.11 Failure to Initiate or Maintain Service.
(a) If the owner of a premises fails to initiate or maintain municipal solid waste, universal waste, or construction and demolition debris collection service with the franchisee, or to haul municipal solid waste, universal waste, or construction and demolition debris directly to a discard facility, the City shall send to the owner a notice requiring initiation or resumption of service by the franchisee, or hauling the waste directly to a discard facility, within ten (10) calendar days of the notice. This notice shall be mailed to each owner of record of the subject property as set forth in the County Assessor’s records as of the date of the warning notice. “Maintain,” as used in this section, includes maintaining current payment for collection service provided by the franchisee.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 4. COLLECTION OF SOLID WASTE AND
RECYCLABLES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) If the owner fails to initiate, maintain, or submit documentation of self-haul within the ten (10) day deadline, the City shall send a second notice stating that the City will initiate service with the franchisee on the owner’s behalf if the owner fails to initiate service within five (5) calendar days from the date of the second notice. The notice shall include a warning that the City will initiate said service on behalf of the owner and that a lien will be recorded on the property for the cost of the service plus administrative charges. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.12 Administrative Hearing.

The owner shall have the right to appeal the notice as provided in Chapter 4 of Title 1 of the Emeryville Municipal Code.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.13 Recordation of Lien for Delinquent Charges.
(a) If the owner fails to pursue an appeal or a decision is rendered pursuant to Section 6-4.12 which is adverse to the owner, the City shall initiate service on the owner’s behalf. (b) The City Council shall be requested to authorize the placement of a lien on the owner’s real property for the cost of the service. The lien shall be recorded with the Recorder of the County of Alameda and shall carry additional administrative charges set forth in the Master Fee Schedule. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.14 Collection of Delinquent Charges.
(a) The delinquent charges which remain unpaid by the owner shall constitute an assessment against the property to which service was rendered and shall be collected at such time as established by the County Assessor for inclusion in the next property tax assessment.
(b) The Finance Director shall turn over to the County Assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent garbage collection service charges and administrative charges.
(c) The assessment may be collected at the same time and in the manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure of sale as provided for delinquent, ordinary, municipal taxes. The assessment shall be subordinate to all existing liens previously imposed upon the property and paramount to all other liens except for those of state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessments.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.15 Manner of Giving Notices.

Any notice required to be given pursuant to this chapter shall be deemed served as of the date of personal service upon the owner or five days after deposit of said notice, postage prepaid in the United States Mail addressed to the owner at the address listed on the most recent County Assessor’s tax roll. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010) 6-4.16 Ownership of Recyclable Materials; Violations.
(a) Source separated recyclables lawfully collected by an authorized recycler shall become the property of the authorized recycler when placed by the generator at designated locations for collection by the authorized recycler, unless otherwise provided by mutual agreement of the authorized recycler and the generator. For the purposes of this section, “authorized recycler” shall mean a recycler who has entered into an agreement with or has the permission of the generator of the source separated recyclables to collect source separated recyclables at the premises. An authorized recycler may include the franchisee.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 4. COLLECTION OF SOLID WASTE AND
RECYCLABLES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) It shall be a violation of the Emeryville Municipal Code for any person other than the authorized recycler to collect source separated recyclables at the designated recycling collection locations. Each and every such removal shall constitute a separate violation. Nothing in this chapter shall be deemed to limit the legal rights and remedies of an authorized recycler.
(Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. Formerly 6-4.23) 6-4.17 Prohibition on Destruction of Source Separated Recyclables.

It shall be a violation of the Emeryville Municipal Code for any person to burn, break, destroy, scatter, or scavenge any source separated recyclables set out for collection by an authorized recycler, as that term is defined in Section 6-4.16. Any and each such violation shall constitute a separate and distinct violation under this Code. . (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. Formerly 6-4.25) 6-4.18 Right of Individuals to Dispose of Source Separated Recyclables.

Nothing in this chapter shall limit the right of the individual, organization or other entity to donate or sell source separated recyclables or pay for the removal of source separated recyclables exempted for sole collection by the franchisee; provided, that such activity is in accordance with the provisions of this chapter. (Sec. 2 (part), Ord. 98-001, eff. Mar. 6, 1998; Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. Formerly 6-4.26) 6-4.19 Penalties.
(a) Anyone violating or failing to comply with any of the requirements of this chapter shall be subject to administrative citation pursuant to Chapter 7 of Title 1 of this Code. (b) Violations of any requirements of this chapter shall be deemed a public nuisance and may be abated accordingly. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. (c) The remedies and penalties provided in this chapter are cumulative and not exclusive of one another. The City may pursue any and all other enforcement provisions and remedies as provided by this Code or other applicable law.
(Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010)
6-4.20 Term of License.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. 6-4.21 Renewal of License.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. 6-4.22 Rights of Licensed Recyclers.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. 6-4.24 Performance Standards for Recyclers.

Repealed by Sec. 2 (part), Ord. 10-015, eff. Dec. 16, 2010. 6-4.25 Organics Reduction and Recycling.

The City adopts Ordinance No. 2021-2 of the Alameda County Waste Management Authority, pursuant to Section 13(b) of said ordinance. (Sec. 2, Ord. 21-008, eff. Jan. 1, 2022) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 5. LAUNDRIES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 5.

LAUNDRIES
Sections:
6-5.01 Compliance: Required
6-5.02 Compliance: Certificates: Applications: Inspections 6-5.03 Compliance: Certificates: Issuance
6-5.04 Compliance: Certificates: Charges
6-5.05 Compliance: Certificates: Posting: Exhibition on Demand 6-5.06 Permits
6-5.07 Sleeping on Premises
6-5.01 Compliance: Required.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to establish, conduct, or maintain the business of a public laundry or a public wash house where clothes or other articles are cleansed for hire without having first complied with the conditions set forth in this chapter.
(Sec. 1, Ord. 110, thereafter codified in Sec. 20.1, E.T.C.) 6-5.02 Compliance: Certificates: Applications: Inspections.

Upon an application from any person proposing to establish, conduct, and maintain the business of a public laundry, it shall be the duty of the Health Officer and the Fire Chief to inspect the premises on which it is proposed to carry on such business to ascertain whether such premises are provided with proper drainage and sanitary appliances and whether the provisions of all laws relating to public laundries have been complied with. If such premises are in compliance with the provisions of this chapter and all laws relating to public laundries have been complied with, the Health Officer and Fire Chief shall issue the certificates provided for in Section 6-5.03 of this chapter to the applicants therefor.
(Sec. 3, Ord. 110, thereafter codified in Sec. 20.3, E.T.C.) 6-5.03 Compliance: Certificates: Issuance.
(a) Certification of Health Officer. It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code for any person to establish, conduct, or maintain a public laundry or wash house without having first obtained a certificate signed by the Health Officer certifying as follows:
(1) That the floors of the washrooms of such laundry or wash house are constructed of concrete and the premises are properly and sufficiently drained;
(2) That all proper arrangements for carrying on the business without injury to the sanitary condition of the neighborhood have been complied with; and
(3) That the provisions of all laws pertaining thereto have been complied with. (b) Certification of Fire Chief. It shall be a violation of the Emeryville Municipal Code subject to administrative citation under Chapter 7 of Title 1 of this Code for any person to establish, conduct, or maintain a public laundry or wash house without having first obtained a certificate signed by the Fire Chief certifying as follows:
(1) That the stoves, chimneys, washing and drying apparatus, and the appliances for heating irons are in good condition and that their use is not dangerous to the surrounding property from fire; and (2) That all proper precautions have been taken to comply with the provisions of all laws pertaining to public laundries, including the laws regulating the erection and use of buildings.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 5. LAUNDRIES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 2, Ord. 110, thereafter codified in Sec. 20.2, E.T.C.) 6-5.04 Compliance: Certificates: Charges.

No charge shall be made or compensation or fee collected or received for the performance of any of the services required by the provisions of this chapter in the inspection of premises or the issuance of certificates. All such services shall be performed free of charge.
(Sec. 4, Ord. 110, thereafter codified in Sec. 20.4, E.T.C.) 6-5.05 Compliance: Certificates: Posting: Exhibition on Demand.

The certificates as required by Section 6-5.03 of this chapter shall be exhibited in a conspicuous place on the premises and shall be produced on the demand of any officer of the City. (Sec. 6, Ord. 110, thereafter codified in Sec. 20.6, E.T.C.) 6-5.06 Permits.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code for any person to establish, conduct, or maintain any building or premises as a public laundry or wash house without first obtaining a permit therefor from the Council. Such permit shall specify the name of the permittee and the location of the premises to be used for such laundry or wash house. The Council shall exercise a reasonable and sound discretion, taking into consideration the character of the applicant for such permit and the intended location of such laundry or wash house, in the granting or denial of such permit. (Sec. 7, Ord. 110, thereafter codified in Sec. 20.7, E.T.C.) 6-5.07 Sleeping on Premises.

No person engaged in the business of conducting, operating, or maintaining a public laundry within the City shall permit any person to lodge or sleep within or upon the premises used for such public laundry. (Sec. 5, Ord. 110, thereafter codified in Sec. 20.5, E.T.C.) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 7. RODENT HARBORAGE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 7.

RODENT HARBORAGE
Sections:
6-7.01 Definitions
6-7.02 Rodentproofing Required
6-7.03 Rodent Extermination Programs
6-7.04 Continuous Rodentproofing and Rodent Extermination 6-7.05 Rodentproofing: Notices
6-7.06 Breeding Places
6-7.07 Food Storage
6-7.08 Food Processing
6-7.09 Storage Requirements
6-7.10 Garbage and Refuse Accumulation
6-7.11 Rodentproofing: Removal
6-7.01 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Rodent harborage” shall mean any condition which provides shelter or protection for rodents or which favors their multiplication and continued existence.
(b) “Rodentproofing” shall mean permanent construction, alterations, repairs, devices, methods, or means to prevent the ingress of rodents into buildings or structures from the exterior or from one (1) building to another. “Rodentproofing” shall consist essentially of the closing, with materials or equipment impervious to rodent gnawing, of all openings in the exterior walls, ground or first floors, basements, roofs, sewers, and foundations which may be reached by rodents from the ground by climbing or by burrowing. As applied to buildings or structures, “rodentproofing” shall be interpreted to mean a continuous masonry foundation of the size and depth required by the Uniform Building Code and other requirements for a building of the same occupancy for clearances beneath wood joists, wall coverings adjacent to the top foundation, and the protection of roof and foundation openings, and such other methods and means as will provide an equivalent effect and are approved by the Health Officer.
(Secs. 11.1 and 11.2, E.T.C., as added by Sec. 2, Ord. 509) 6-7.02 Rodentproofing Required.

All buildings and structures shall be rodentproofed and maintained in a rodentproof and rodent-free condition. (Sec. 11.3, E.T.C., as added by Sec. 2, Ord. 509)
6-7.03 Rodent Extermination Programs.

In unusual circumstances where the complete rodentproofing of a building or structure is not feasible or practicable as determined by the
Health Officer, a continuous and repeated rodent extermination program shall be maintained therein. (Sec. 11.9, E.T.C., as added by Sec. 2, Ord. 509)
6-7.04 Continuous Rodentproofing and Rodent Extermination.

Where any building, structure, or place is subject to repeated infestation with rodents, continuous and repeated rodent extermination shall be performed in addition to such rodentproofing as may be required by the provisions of this chapter.
(Sec. 11.10, E.T.C., as added by Sec. 2, Ord. 509)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 7. RODENT HARBORAGE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 6-7.05 Rodentproofing: Notices.

When determined by the Health Officer that any building or structure constitutes a rodent harborage, he may serve a notice in writing upon the person possessing such building or structure to rodentproof such building or structure, or any portion thereof, within a reasonable time.
(Sec. 11.5, E.T.C., as added by Sec. 2, Ord. 509)
6-7.06 Breeding Places.

No person shall possess, occupy, or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle, or other place in such a condition as will permit the breeding or harboring therein or thereon of rodents or other vermin.
(Sec. 11.6, E.T.C., as added by Sec. 2, Ord. 509)
6-7.07 Food Storage.

All food or food products intended for human or animal consumption shall be kept or stored in rodent-free and ratproofed containers, compartments, rooms, buildings or structures. (Sec. 11.4, E.T.C., as added by Sec. 2, Ord. 509)
6-7.08 Food Processing.

No person shall use any building or structure which is infested with rodents or which, in the opinion of the Health Officer, is likely to become infested with rodents for the manufacture, preparation, storage, display, or service of any food or food product, unless such building is made free of rodents and is rodentproofed. (Sec. 11.4, E.T.C., as added by Sec. 2, Ord. 509)
6-7.09 Storage Requirements.

No person shall accumulate or permit the accumulation on any place, premises, or open lot of any lumber, building materials, boxes, paper, rags, or other materials which may be permitted to remain thereon and which may serve as a rodent harborage, unless materials shall be placed on open racks which are elevated not less than eighteen inches (18") above the ground and evenly piled or stacked or otherwise made reasonably unsuitable as a rodent harborage in such manner as may be approved by the Health Officer. (Sec. 11.7, E.T.C., as added by Sec. 2, Ord. 509)
6-7.10 Garbage and Refuse Accumulation.

No person shall place, leave, dump, or permit to accumulate any garbage or refuse in any building, structure, or place so that such building, structure, or place shall afford food and harborage for rodents. (Sec. 11.7, E.T.C., as added by Sec. 2, Ord. 509)
6-7.11 Rodentproofing: Removal.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation pursuant to Chapter 7 of Title 1 of this Code, for any person possessing any building or structure, or any contractor, utility company, plumber, or any other person, to remove any rodentproofing from any building or structure for any purpose and to fail to restore such rodentproofing in a satisfactory condition, or to make any new openings in such building or structure which openings are not subsequently closed or sealed against the entrance of rodents. (Sec. 11.8, E.T.C., as added by Sec. 2, Ord. 509)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 9. WATER WELLS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 9.

WATER WELLS
Sections:
6-9.01 Definitions
6-9.02 Use of Groundwater as a Water Supply Prohibited
6-9.03 Penalties
6-9.01 Definitions.

As used in this chapter, certain words and phrases are defined as follows:
(a) “Person” is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns.
(b) “Potable water” means water of a quality which meets the Regulations Relating to Domestic Water Supply Quality and Monitoring issued by the California Department of Health Services. (c) “City” means the City of Emeryville.
(d) “Groundwater monitoring well” means any well constructed or used for the sole purpose of observing, monitoring, or treating groundwater conditions related to suspected groundwater contamination. (e) “Well” means any drilled, bored, dug, jetted, or driven or artificial excavation of any kind for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include oil, gas, or geothermal wells constructed pursuant to State law except those wells converted to use as water wells. (Sec. 3 (part), Ord. 07-006, eff. May 31, 2007)
6-9.02 Use of Groundwater as a Water Supply Prohibited.

The use of, or attempted use of, groundwater from within the limits of the City of Emeryville, as a potable water supply, or for any residential, commercial, or industrial use by the installation or drilling of wells or by any other method, is hereby prohibited. This prohibition expressly includes the City of Emeryville. Nothing within this chapter shall prohibit the construction or use of a groundwater monitoring well; provided, that said groundwater monitoring well is constructed pursuant to all applicable State and local regulations. (Sec. 3 (part), Ord. 07-006, eff. May 31, 2007)
6-9.03 Penalties.
(a) It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code for anyone to violate or fail to comply with any of the requirements of this chapter. (b) Violations of any requirements of this chapter shall be deemed a public nuisance and may be abated accordingly. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. (c) The remedies and penalties provided in this section are cumulative and not exclusive of one another. (Sec. 3 (part), Ord. 07-006, eff. May 31, 2007)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. WEED AND REFUSE ABATEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 10.

WEED AND REFUSE ABATEMENT
Sections:
6-10.01 Sidewalk and Parkway Obstructions
6-10.02 Nuisances: Weeds
6-10.03 Nuisances: Refuse
6-10.04 Nuisances: Removal by Property Owners: Notices
6-10.05 Nuisances: Removal by City: Liens
6-10.06 Nuisances: Removal: Alternatives
6-10.01 Sidewalk and Parkway Obstructions.

Every owner of real property in the City shall keep the entire width of sidewalks and parkways in front of such property, from curb to lot line, free and clear of all grass, weeds, rubbish, and other obstructions or materials which, from any cause whatever, shall have accumulated upon such sidewalk or parkway; provided, however, the provisions of this section shall not be construed to require the removal of any grass or other vegetable growth between such curb and lot line, unless such grass or vegetable growth shall be more than four inches (4") in height, or require the removal from the borders of any sidewalk any ornamental plant, lawn, or shrub of a reasonable growth provided it does not in any manner obstruct the free use of such sidewalk by pedestrians. (Sec. 1, Ord. 188, thereafter codified in Sec. 24.52, E.T.C.) 6-10.02 Nuisances: Weeds.

It shall be a violation of the City of Emeryville Municipal Code for any person to allow weeds, vines, shrubs, and brush which bear seeds of a wingy or downy nature, or which attain such a large growth as to become a fire menace when dry, or which contain poisonous oils, or which obstruct any drainage ditch or waterway, or which are otherwise noxious or dangerous to the life, health, comfort, or convenience of the community to remain upon any private property in the City after notice by the City to remove the same. (Sec. 9.30, E.T.C., as added by Ord. 73-09)
6-10.03 Nuisances: Refuse.

It shall be a violation of the City of Emeryville Municipal Code for any person to allow any refuse or other material which is of such nature that it constitutes a fire menace or fire hazard, or constitutes a rat harborage, or is dangerous or injurious to the life, health, comfort, or convenience of neighboring property or the community, or which obstructs any drainage ditch or waterway, to remain upon any private property after notice by the City to remove the same.
(Sec. 9.30, E.T.C., as added by Ord. 73-09)
6-10.04 Nuisances: Removal by Property Owners: Notices.

If and when it shall appear that weeds, vines, shrubs, brush, refuse, or other materials have been placed upon or are upon private property in violation of the provisions of this chapter, the Council, by appropriate resolution, may order the removal thereof and shall cause notice to be posted upon such property to the effect that such weeds, vines, shrubs, brush, refuse, or other materials shall be removed within seven (7) days after the date of such posting. The Fire Department may also send a similar notice to the last known owner through the mail, but the sending of such notice, or the failure to send such notice, shall not affect the powers of the City to remove such weeds, vines, shrubs, brush, refuse, or other materials as set forth in Section 6-10.05 of this chapter. (Sec. 9.31, E.T.C., as added by Ord. 73-09)
6-10.05 Nuisances: Removal by City: Liens.

In the event the weeds, vines, shrubs, brush, refuse, or other materials in violation of the provisions of this chapter have not been removed upon the expiration of seven (7) days after the posting of the notice provided for in Section 6-10.04 of this chapter, the City Engineer shall cause such weeds, vines, shrubs, brush, refuse, or other materials to DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. WEED AND REFUSE ABATEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. be removed from the property upon which the notice was posted, and the costs of such work shall be kept and shall be a lien upon such property until paid. Such liens shall be payable under the same rules and regulations as are provided for the collection of taxes in the City. Such liens shall attach at the time of the performance of such work, and the costs thereof shall be billed with the next ensuing tax bills against the property. (Sec. 9.32, E.T.C., as added by Ord. 73-09)
6-10.06 Nuisances: Removal: Alternatives.

The method of removing weeds, vines, shrubs, brush, refuse, or other materials from property pursuant to the provisions of this chapter shall not be an exclusive method but shall be an alternative method, and such weeds, vines, shrubs, brush, refuse, and other materials may be removed from such property pursuant to the provisions of any law of the State or of the City applicable thereto. In addition to any removal remedies provided by this chapter, a violation of this chapter may also be subject to administrative citation, as set forth in Chapter 7 of Title 1 of this Code.
(Sec. 9.32, E.T.C., as added by Ord. 73-09)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. PROPERTY MAINTENANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 11.

PROPERTY MAINTENANCE
Sections:
6-11.01 Property Nuisances
6-11.02 “Owner” Defined
6-11.03 Declaration of Public Nuisances
6-11.04 Hearing to Abate Nuisance
6-11.05 Notification of Nuisance
6-11.06 Notice of Hearing
6-11.07 Hearing by the Board of Appeals
6-11.08 Procedure: No Appeal
6-11.09 Appeal Procedure, Action by City Council, Appeal on Nuisance Hearing 6-11.10 Service of Order to Abate
6-11.11 City Abatement
6-11.12 Cost Accounting Notification
6-11.13 Assessment Lien
6-11.14 Alternative Actions Available
6-11.15 Violations
6-11.01 Property Nuisances.

It shall be a violation of the Emeryville Municipal Code for any person owning, leasing, occupying, or having control or possession of any real property in the City to maintain such property in a manner that any of the following conditions are found to exist thereon, except as may be allowed by this Code:
(a) Buildings and other structures that are found not in compliance with the Building Code of the City, as set forth in Chapter 1 of Title 8 of this Code;
(b) Buildings and other structures that are found not in compliance with either the Residential Code of the City or Abatement of Dangerous Buildings Code of the City, both of which are contained in Chapters 4 and 11 respectively of Title 8 of this Code;
(c) Unpainted buildings and those having dry rot, warping, or termite infestation. Any building on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation, as to render the building unsightly and in a state of disrepair; (d) Accumulation of dirt, litter, or debris in vestibules, doorways, or the adjoining sidewalks of buildings; (e) Lumber, junk, trash, debris, or salvage materials visible from a public street, alley, or adjoining property; (f) Attractive nuisances dangerous to children, including abandoned, broken, or neglected equipment and machinery, hazardous pools, ponds and excavations;
(g) Vehicles parked in required front yard setbacks in a residential district, except when such vehicles are parked on a drive approach to a required garage or on a permitted off street parking space; (h) Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or nearby property; (i) Any property utilized for commercial or industrial purposes with pooled oil accumulation, oil flowing onto public rights of way, or excessive accumulations of grease or oil on paved surfaces, buildings, walls, or fences; DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. PROPERTY MAINTENANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (j) Any failure to acquire or properly maintain garbage service in the manner required by Chapter 4 of Title 6 of this Code;
(k) Any failure to permit any building, structure, or place to exist or be used that is not rodent free or rodentproofed, and any failure to maintain such buildings, structures or places in a rodentproof condition, all as required in Chapter 7 of Title 6 of this Code;
(l) Accumulation of weeds or refuse on property that is a violation of Chapter 10 of Title 6 of this Code; (m) Maintenance of property in such condition as to be detrimental to the public health, safety or general welfare or in such condition as to constitute a public nuisance, as defined in Civil Code Section 3480; (n) Any unauthorized inscription, writing, defacing, marring, drawing, scratching, painting, or affixing of markings, words, symbols, or designs on any component of any public or private property, including, but not limited to, building structure, facility, wall, fence, sign, retaining wall, driveway, walkway, sidewalk and/or curb. (Sec. 2, Ord. 88-01, eff. Feb. 4, 1988; as amended by Sec. 2, Ord. 94-009, eff. June 16, 1994; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017)
6-11.02 “Owner” defined.

The terms “owner” and “property owner,” as used in this chapter, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, occupying, or having charge or possession of any property in the City.
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.03 Declaration of Public Nuisances.

All property found to be maintained in violation of Section 6-11.01 is hereby declared to be a public nuisance and shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in this chapter. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law, including the applicable provisions of the Housing Code or Building Code of the City. (Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.04 Hearing to Abate Nuisance.

In the event said owner shall fail, neglect, or refuse to comply with the notice to correct such violation within the time allotted, the City Planning Commission, serving as the Board of Appeals, shall conduct a hearing to ascertain whether said violation constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Notice of said hearing shall be served upon the owner in accordance with the provisions of Section 6-11.05.
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.05 Notification of Nuisance.

Whenever the Director of Public Works, or such other City Official as may be designated by the City Manager, determines that any property within the City is being maintained contrary to one or more of the provisions of Section 6-11.01, he shall give written notice to the owner of said property stating the sections being violated. Such notice shall set forth a reasonable time limit for correcting the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner in accordance with the provisions of Section 6-11.06.
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.06 Notice of Hearing.

Notice of the hearing shall be served upon the property owner not less than fourteen (14) days before the time fixed for said hearing. Notice of said hearing shall be substantially in the format set below and shall be served personally upon or mailed by certified mail to the property owner as such owner’s name and address appears on the last DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. PROPERTY MAINTENANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. available equalized tax roll, and if there is no such address, then in care of the property address. Service shall be deemed complete at the time such notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

NOTICE OF HEARING ON ABATEMENT OF NUISANCE
This is a notice of hearing before the Board of Appeals to ascertain whether certain property situated in the City of Emeryville, State of California, known and designated as ______________, Emeryville, California, and more particularly described as ____________ constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings or structures situated thereon. If said property, in whole or in part, is found to constitute a public nuisance as defined in Municipal Code Section 6-11.01 and if the same is not properly abated by the owner, such nuisance may be abated by municipal authorities in which case the cost of such rehabilitation, repair, or demolition will be assessed upon the above named property and such costs will constitute a lien upon such property until paid.

Said alleged conditions constituting a public nuisance consist of the following: _________.

The methods of abatement available are: ___________. All persons having an interest in said matters may attend the hearing on abatement, when their testimony and evidence will be heard and given due consideration.

DATED this ____ day of _______, 19___.
__________________________

DIRECTOR OF PUBLIC WORKS
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.07 Hearing by the Board of Appeals.

At the time stated in the notice, the Board of Appeals shall hear and consider all relevant evidence, objections and protests, and shall receive testimony from owners, witnesses, City personnel and interested persons that concern such alleged public nuisance and the proposed rehabilitation, repair or demolition of such property. Said hearing may be continued from time to time.

If the Board of Appeals finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Board of Appeals shall prepare a report of such findings and recommendations with respect to the abatement. A copy of such report shall be served on all the owners of the subject property in accordance with the provisions of Section 6-11.06.
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.08 Procedure: No Appeal.

In the absence of any appeal, the Board of Appeals may without further hearing declare such property to be a public nuisance and order the abatement of the same within thirty (30) days, by having such property, building, or structures rehabilitated, repaired, or demolished in the manner and means specifically set forth in the Board of Appeals’ report.
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.09 Appeal Procedure, Action by City Council, Appeal on Nuisance Hearing.

The owner of the property may appeal from the decisions of the Board of Appeals by filing at the office of the City Clerk within seven (7) days from the date of service of such decision, a written, dated appeal containing:
(a) A specific identification of the property which is the subject of the nuisance abatement proceeding. (b) A caption reading: “Appeal of ______,” giving the name of all appellants participating in the appeal.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. PROPERTY MAINTENANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (c) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
(d) A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant. (e) The signatures of all parties named as appellants, and their official mailing addresses. (f) The verification of at least one (1) appellant as to the truth of the matters stated in the appeal.

As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall not be less than seven (7) days nor more than fifteen (15) days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least five (5) days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council’s own motion.

Upon the conclusion of the hearing on such appeal, the City Council shall by resolution either:
(1) Terminate the proceeding;
(2) Confirm the action and decision of the Board of Appeals; or (3) Modify such decision based upon evidence adduced at said hearing.

In the cases of alternative 2 or 3, the resolution shall declare such property to be a public nuisance and order the abatement of the same within thirty (30) days by having such property, buildings, or structures rehabilitated, repaired or demolished in the manner and means specifically set forth in said resolution. (Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.10 Service of Order to Abate.

A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 6-11.06 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such property rehabilitated or to have such buildings or structures demolished or repaired in accordance with said resolution and at his own expense provided the same is commenced prior to the expiration of said thirty (30) day abatement period and thereafter diligently and continuously prosecuted to completion. Upon such abatement in full by the owner, then proceedings hereunder shall terminate.
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.11 City Abatement.

If such nuisance is not completely abated as directed by the City within said abatement period, then the City Council may direct the Director of Public Works or his duly authorized representative to cause the same to be abated by City forces or private contract and the Director of Public Works or his duly authorized representative is expressly authorized to enter upon said property for such purposes. (Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.12 Cost Accounting Notification.

The Director of Public Works shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council by showing the cost of abatement and the rehabilitating, demolishing or repairing of said property, buildings, or structures, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit filed with the DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. PROPERTY MAINTENANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

City Clerk. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the City in preparation of notices, specifications, and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.13 Assessment Lien.

The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a copy may be turned over to the tax collector for the City whereupon it shall be the duty of said tax collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes. Thereafter, said amounts shall be 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 in case of delinquency as provided for ordinary municipal taxes; or after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN
(Claim of the City of Emeryville)
Pursuant to the authority vested by the provisions of Section 6-11.11 of the Emeryville Municipal Code, the Director of Public Works of the City of Emeryville did on or about the _____ day of ______, 20 ___, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Emeryville did on the ___ day of _______, 20____, assess the cost of such rehabilitation, repair, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Emeryville does hereby claim a lien for such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ ______ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Emeryville, County of Alameda, State of California, and particularly described as follows:
[description]
Dated this ____ day of ______, 20___.
____________________________

DIRECTOR OF PUBLIC WORKS

CITY OF EMERYVILLE
(Sec. 2, Ord. 88-01, eff. Feb. 4, 1988)
6-11.14 Alternative Actions Available.

Nothing in this chapter shall be deemed to prevent the Council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or State law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.
(Sec. 2, Ord. 88-01 eff. Feb. 4, 1988)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. PROPERTY MAINTENANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 6-11.15 Violations.

The owner or other person having charge or control of any such buildings or property who maintains any public nuisance defined in this chapter or who violates any order of abatement made pursuant to this chapter shall be subject to administrative citation under Chapter 7 of Title 1 of this Code.

Any person who removes any notice or other posted as required in this chapter shall also be subject to administrative citation under Chapter 7 of Title 1 of this Code. No person shall obstruct, impede or interfere with any representative of the City department or with any person who owns or holds any estate or interest in the building which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed or with any person to whom such building has been lawfully sold pursuant to the provisions of this Code whenever any such representative of the City, purchaser or person having any interest or estate in such building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

The remedies and penalties provided in this chapter are cumulative and not exclusive of one another. (Sec. 2, Ord. 88-01, eff. Feb. 4, 1988; Sec. 2, Ord. 06-005, eff. May 18, 2006) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 12. OPERATION AND MAINTENANCE OF

OFF-STREET PARKING FACILITIES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 12.

OPERATION AND MAINTENANCE OF OFF-STREET PARKING FACILITIES Sections:
6-12.01 Enclosing Off-Street Parking when Businesses are Closed 6-12.02 Definitions
6-12.03 Affected Area
6-12.04 Violations: Penalties
6-12.05 Violation: Public Nuisance
6-12.01 Enclosing Off –Street Parking when Businesses are Closed.

It is a violation of the Emeryville Municipal Code for any person, as defined herein, to establish, operate or maintain, or cause to be established, operated or maintained, any private or public off-street parking facility, as defined herein, in the area identified in Section 6-12.03 below, unless the off-street parking facility conforms to all of the following provisions:
(a) Each opening to the off-street parking facility used for the ingress or egress of motor vehicles shall be secured by a chain or other approved barricade and a substantial padlock or other approved locking device within one hour after the close of all of the businesses which are served by the off-street parking facility, and shall remain secured until one hour prior to the opening of a business which is served by the off-street parking facility; (b) Any chain so installed shall be of standard metal links. The metal shall be not less than three-sixteenths inch in diameter. The chain shall run through, or be securely attached to, substantial posts of metal, concrete or wood, embedded in the ground with concrete and placed at such intervals from one another as to adequately support the chain. The height of the chain shall be not less than eighteen inches (18") nor more than thirty-six inches (36") above the ground level;
(c) If an alternate type of barricade is installed, it shall be situated in such a manner as to prevent the ingress and egress of vehicles. Such barriers shall include, but are not limited to, “hole and post” construction, metal gates, and swinging metal bars;
(d) The perimeter of the off-street parking facility shall also be secured in such a fashion as to prohibit motor vehicles from gaining access thereto. However, pedestrian access points in compliance with the Americans with Disabilities Act (ADA) shall be retained at convenient access points; (e) The owner of an off-street parking facility may extend the operating hours of the facility to permit use by a nearby business (subletting business), provided the owner has secured a conditional use permit from the Emeryville Planning Commission to operate and maintain a commercial parking use, and has entered into a valid, written contract for use of the off-street parking facility after the owner’ s closing hours. Such contracts shall require the subletting business to secure the parking lot within one hour after the close of the subletting business. All such contracts between the owner of an off-street parking facility and a subletting business shall be filed with the Traffic Detail of the Emeryville Police Department, 2449 Powell Street, Emeryville, CA 94608. Owners of the off-street parking facility shall post and maintain clearly visible and legible signs stating the name(s) of the subletting businesses authorized to use the off-street parking facility. (Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)
6-12.02 Definitions.

Unless the context otherwise clearly indicates, the words and phrases used in this chapter shall be defined as follows:
(a) “Person” shall mean any individual, firm, general or limited partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, company, limited liability company, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 12. OPERATION AND MAINTENANCE OF

OFF-STREET PARKING FACILITIES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) “Off-street parking facility” shall mean an area on a parcel of real property or within a building, or both, which includes five (5) or more spaces for the parking of motor vehicles together with driveways, aisles, turning and maneuvering areas, clearances, and similar features. The term shall include parking lots, parking garages and parking structures.
(c) “Motor vehicle” shall have the same meaning as provided in Section 415 of the California Vehicle Code, as may be amended.
(d) “Vehicle” shall have the same meaning as provided in Section 670 of the California Vehicle Code, as may be amended.
(Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)
6-12.03 Affected Area.

The provisions and requirements of this chapter shall apply to all off-street parking facilities located within the City of Emeryville which: (i) have points of ingress and/or egress from and/or to Shellmound Street along the west side thereof, south of Shellmound Way; or (ii) have points of ingress and/or egress from and/or to Shellmound Way; or (iii) have points of ingress and/or egress from and/or to Christie Avenue between Shellmound Street and 591h Street; or (iv) have points of ingress and/or egress from and/or to Powell Street between Christie Avenue and the Interstate 80 freeway.
(Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)
6-12.04 Violations: Penalties.

Any person violating or failing to comply with any provision of this chapter shall be subject to administrative citation as provided in Chapter 7 of Title 1 of this Code. (Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)
6-12.05 Violation: Public Nuisance.

Violations of this chapter shall also be deemed a public nuisance pursuant to Chapter 11 of Title 6 of this Code, and may be abated in accordance with the provisions of said chapter. (Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 14. FOOD SERVICE WASTE REDUCTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 14.

FOOD SERVICE WASTE REDUCTION
Sections:
6-14.01 Definitions
6-14.02 Prohibited Food Service Ware
6-14.03 Required Biodegradable/Compostable or Recyclable Disposable Food Service Ware 6-14.04 Exemptions
6-14.05 Enforcement; Notices of Violation; Penalties
6-14.06 Operative Date
6-14.01 Definitions.

As used in this chapter, certain words and phrases are defined as follows:
(a) “ASTM standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended.
(b) “Compostable” means all materials in the product or package are capable of undergoing biological decomposition or otherwise becoming part of a usable compost (e.g., soil- conditioning material or mulch) in a safe and timely manner in an appropriate composting program or facility. Compostable disposable food service ware includes ASTM standard bioplastics or plastic-like products that are clearly labeled, such that any compost collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic. For the purposes of this chapter, the term “biodegradable” shall have the same meaning as compostable. This chapter uses the terms biodegradable and compostable interchangeably, and in all cases whether the terms are used separately, in the disjunctive, or in the conjunctive, they shall always be interpreted and applied consistent with this definition of the term “compostable.”
(c) “City” means the City of Emeryville.
(d) “City facilities” means any building, structure or vehicles owned or operated by the City of Emeryville. (e) “Disposable food service ware” means all containers, bowls, plates, trays, cartons, cups, lids, straws, forks, spoons, knives and other items that are designed for one-time use; and on or in which any restaurant or retail food vendor directly places or packages prepared foods for consumption. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors. (f) “Food vendor” means any restaurant or retail food vendor located or operating within the City of Emeryville. (g) “Polystyrene foam” means and includes blown polystyrene and expanded and extruded foams (sometimes called Styrofoam®, a Dow Chemical Co. trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. (h) “Prepared food” means food or beverages which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food vendor’s premises or within the City of Emeryville. For the purposes of this chapter, prepared food includes food which may be eaten on or off the premises, including takeout food. Prepared food does not include raw, butchered meats, fish, and/or poultry sold from a butcher case or similar retail appliance.
(i) “Recyclable” means material that can be sorted, cleansed, and reconstituted using recycling services offered in the City for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 14. FOOD SERVICE WASTE REDUCTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (j) “Restaurant” means any establishment located within the City of Emeryville that sells prepared food for consumption on, near, or off its premises. For purposes of this chapter, the term includes a restaurant operating from a temporary facility, cart, vehicle, or mobile unit.
(k) “Retail food vendor” means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the City of Emeryville that sells prepared foods. (Sec. 2 (part), Ord. 07-004, eff. May 3, 2007)
6-14.02 Prohibited Food Service Ware.
(a) Food vendors are prohibited from providing prepared food in disposable food service ware that contains polystyrene foam or non-ASTM standard compostable plastic. (b) All City facilities are prohibited from using polystyrene foam or non-ASTM standard compostable plastic disposable food service ware. City departments are prohibited from purchasing or acquiring polystyrene foam or non-ASTM standard compostable plastic disposable food service ware for use at City facilities. (c) The use or distribution of polystyrene foam or non-ASTM standard compostable plastic disposable food service ware at special events sponsored or co-sponsored by the City shall be prohibited. This prohibition shall apply to the event organizers, agents of the event organizers, event food vendors and any other party, including nonprofit organizations, who enter into an agreement with one or more of the co-sponsors of the event to distribute prepared food at the event or otherwise provide an event-related service. (d) All food vendors doing business with the City shall be prohibited from using polystyrene foam or non-ASTM standard compostable plastic disposable food service ware on City facilities, City projects, or City events. (Sec. 2 (part), Ord. 07-004, eff. May 3, 2007)
6-14.03 Required Biodegradable/Compostable or Recyclable Disposable Food Service Ware. (a) All food vendors using any disposable food service ware shall use biodegradable/compostable or recyclable disposable food service ware unless it can be shown that a biodegradable/compostable or recyclable product is not available for a specific application. Food vendors are strongly encouraged to use reusable food service ware in place of using disposable food service ware.
(b) All City facilities using any disposable food service ware shall use biodegradable/compostable or recyclable disposable food service ware.
(c) All food vendors doing business with the City and who use any disposable food service ware shall use biodegradable/compostable or recyclable disposable food service ware unless the food vendor can show a biodegradable/compostable or recyclable product is not available for a specific application. (Sec. 2 (part), Ord. 07-004, eff. May 3, 2007)
6-14.04 Exemptions.
(a) Prepared foods prepared or packaged outside the City are exempt from the provisions of this chapter.

Purveyors of food prepared or packaged outside the City are encouraged to follow the provisions of this chapter. (b) Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the City Manager or his/her designee finds that a suitable biodegradable/compostable or recyclable alternative does not exist.
(c) Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter.
(d) Any person may seek an exemption from the requirements of this chapter by filing a request on a form specified by the City Manager. The City Manager, consistent with this chapter, may waive any specific requirement of this chapter for a period of not more than one year if the person seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship. A person granted an exemption must DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 14. FOOD SERVICE WASTE REDUCTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. re-apply prior to the end of the one (1) year exemption period and demonstrate continued undue hardship if the person wishes to have the exemption extended. The City Manager’s decision to grant or deny an exemption or to grant or deny extension of a previously issued exemption shall be in writing and shall be final. “Undue hardship” shall be construed to include, but not be limited to:
(1) Situations where there are no acceptable alternatives to polystyrene foam packaging for reasons which are unique to the applicant;
(2) Situations where compliance with the requirements of this chapter would deprive a person of a legally protected right.
(Sec. 2 (part), Ord. 07-004, eff. May 3, 2007)
6-14.05 Enforcement; Notices of Violation; Penalties.
(a) The City Manager or his/her designee will have primary responsibility for enforcement of this chapter. The City Manager or his/her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to: maintaining lists of biodegradable/compostable or recyclable food service ware and suppliers; maintaining lists of generally exempted food service ware items and products; and inspecting the premises of any food vendor to verify compliance. (b) If the City Manager or his/her designee determines that a person is in violation of this chapter, he/she shall issue a written notice warning of the violation. If, after issuance of such notice, the City Manager finds continued violations of the provisions of this chapter, the City Manager may apply for or impose the various sanctions provided in this section.
(c) The City Manager may issue an administrative civil liability citation anyone violating or failing to comply with any of the requirements of this chapter, in an amount not exceeding one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation in the same year, and four hundred dollars ($400.00) for each subsequent violation in the same year. In determining administrative civil penalties, the City Manager shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, and any action taken to mitigate the violation.
(d) Any person to whom the City Manager issues a notice of violation or an administrative civil liability citation may request an administrative hearing to appeal as set forth in Section 1-7.07 of Chapter 7 of Title 1 of this Code. (e) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. (f) The remedies and penalties provided in this section are cumulative and not exclusive of one another. (Sec. 2 (part), Ord. 07-004, eff. May 3, 2007)
6-14.06 Operative Date.

This chapter shall become operative on January 1, 2008. (Sec. 2 (part), Ord. 07-004, eff. May 3, 2007)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 3. SIDEWALKS, CURBS AND

DRIVEWAYS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 3.

SIDEWALKS, CURBS AND DRIVEWAYS
Sections:
7-3.01 Sidewalks and Curbs: Construction: Permission Required: Exceptions 7-3.02 Sidewalks and Driveways: Construction or Repair: Permits Required: Exceptions 7-3.03 Sidewalks and Curbs: Permits
7-3.04 Sidewalks and Driveways: Construction or Repair: Permits: Denial 7-3.05 New Sidewalk and Curb: When Required
7-3.06 Maintenance of Sidewalk and Curb: When Required
7-3.07 Curb and Gutter: Standards
7-3.08 Sidewalks and Driveways: Construction or Repair: Persons Responsible 7-3.09 Sidewalks and Driveways: Construction or Repair: Time Limits: Specifications 7-3.10 Sidewalks and Driveways: Construction or Repair: Time Limits: Expiration 7-3.11 Sidewalks and Driveways: Construction or Repair: Use of Streets for Materials and Appliances 7-3.12 Sidewalks: Construction: Lines and Grades
7-3.13 Curbs: Construction: Permits Required
7-3.14 Deleted by 83-03
7-3.15 Deleted by 83-03
7-3.16 Curbs: Construction: Time Limits: Specifications 7-3.17 Curbs: Construction: Corner Radii
7-3.18 Permits: Posting
7-3.19 Deleted by 83-03
7-3.01 Sidewalks and Curbs: Construction: Permission Required: Exceptions.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to construct, or cause to be constructed any sidewalk or curb without first obtaining from the Street Superintendent permission to do so, unless the construction of such sidewalk or curb shall have been ordered or authorized by the Council.
(Sec. 5, Ord. 311, thereafter codified in Sec. 24.8, E.T.C.) 7-3.02 Sidewalks and Driveways: Construction or Repair: Permits Required: Exceptions.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to repair or construct, or cause to be repaired or constructed, by private contract any cement sidewalk or cement driveway, or to cut any curb for the purpose of constructing a driveway, or to begin an excavation for the purpose of constructing a sidewalk or driveway without first obtaining a permit in writing to do so from the Street Superintendent; provided, however, a property owner, when notified by the Street Superintendent to repair an existing sidewalk, may make such repairs to the extent of not more than twenty-five (25) square feet without the necessity of obtaining a permit therefor.
(Sec. 1, Ord. 301, thereafter codified in Sec. 24.29, E.T.C.) 7-3.03 Sidewalks and Curbs: Permits.

Permits shall be obtained from the Building Department and shall be on the same form and have the same cost as a building permit.
(Ord. 83-03, eff. June 21, 1983)
7-3.04 Sidewalks and Driveways: Construction or Repair: Permits: Denial. (a) In no case shall a permit be granted to any person to construct sidewalks where the Council has declared its intention to construct such sidewalks under the general laws of the State.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 3. SIDEWALKS, CURBS AND

DRIVEWAYS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) In the event any of the terms or conditions of this chapter are not complied with within the time fixed for compliance, no further permit shall be issued to such person while such person causes or permits such noncompliance to continue.
(Sec. 7, Ord. 301, thereafter codified in Secs. 24.40 and 24.41, E.T.C.) 7-3.05 New Sidewalk and Curb: When Required.

Sidewalk and curb shall be constructed where nonexistent and or repaired where failing to meet the minimum standards set by the City Engineer as a condition of all building permits for the construction of new structures and for all nonresidential construction with a value of five thousand dollars ($5,000.00) or more. (Ord. 83-03, eff. June 21, 1983)
7-3.06 Maintenance of Sidewalk and Curb: When Required.

All owners of commercial and industrial property shall be required to maintain the curb and sidewalk abutting their properties to the minimum standards set by the City Engineer. (Ord. 83-03, eff. June 21, 1983)
7-3.07 Curb and Gutter: Standards.

Standards for the construction and repair of curb, gutter and sidewalk shall be set by the City Engineer and changed from time to time as deemed necessary by the City Engineer. (Ord. 83-03, eff. June 21, 1983)
7-3.08 Sidewalks and Driveways: Construction or Repair: Persons Responsible.

The construction or repair of sidewalks or driveways performed pursuant to a permit issued pursuant to the provisions of this chapter shall be performed by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for such work. In the event it shall at any time be ascertained that any work is being done, or has been done, pursuant to a permit issued to a person other than the person responsible to the owner or contractor for such work, the person doing, or having done the work shall be guilty of violating the provisions of this chapter.
(Sec. 8, Ord. 301, thereafter codified in Secs. 24.43 and 24.44, E.T.C.) 7-3.09 Sidewalks and Driveways: Construction or Repair: Time Limits: Specifications.

All sidewalks and driveways shall be repaired or constructed in every particular in accordance with the permit therefor issued pursuant to the provisions of this chapter. Such work shall be completed within thirty (30) days after the date of the permit, unless an extension of time thereon is granted by the Street Superintendent, and such work shall be in accordance with such specifications as may be adopted by resolution of the Council from time to time for the private construction and repair of sidewalks and driveways. (Sec. 9, Ord. 301, thereafter codified in Sec. 24.45, E.T.C.) 7-3.10 Sidewalks and Driveways: Construction or Repair: Time Limits: Expiration.

If all the private construction or repair work of any sidewalk or driveway is not completed at the expiration of the time allowed by the permit issued pursuant to the provisions of this chapter and in accordance with the provisions of this chapter, the Street Superintendent may notify the contractor to complete such work within two (2) days. (Sec. 6, Ord. 301, thereafter codified in Sec. 24.38, E.T.C.) 7-3.11 Sidewalks and Driveways: Construction or Repair: Use of Streets for Materials and Appliances.

Any permit granted pursuant to the provisions of Section 7-3.02 of this chapter shall carry with it the right to place, or cause to be placed, upon the street adjacent to the place where the construction, alteration, or repair work is to be performed such materials and appliances as may be necessary for use in performing such work; provided, however, such materials and appliances shall not occupy one-third (1/3) of the roadway in front of such construction work and shall be placed thereon subject to the direction and approval of the Street Superintendent. In no event shall such materials and appliances be placed within five feet (5') of any railroad or streetcar track. All materials, debris, and DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 3. SIDEWALKS, CURBS AND

DRIVEWAYS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. appliances shall be so placed as not to obstruct any gutterway, catchbasin, or portion of the street other than that lawfully occupied by such obstruction. the permit granted shall prescribe the date when work shall begin and the time of the occupancy of the street; provided, however, the Street Superintendent may order such materials, appliances, and debris, or any portion thereof, to be removed within three (3) days after written notice. The placing of materials, appliances, and debris upon the street for the purpose of such construction work, and the removal thereof, shall be held to be a part of such construction work. (Sec. 5, Ord. 301, thereafter codified in Sec. 24.37, E.T.C.) 7-3.12 Sidewalks: Construction: Lines and Grades.

Sidewalks shall be constructed so that the surface shall rise from the stone curb grade at a uniform rate of one-fourth inch (1/4”) to the foot; provided, however, on streets where the intersecting streets have different widths of sidewalks, the slope shall be averaged at the corners. All sidewalks shall be constructed to the official lines and grades established by the City Engineer.
(Sec. 4, Ord. 311, thereafter codified in Secs. 24.5 and 24.7, E.T.C.) 7-3.13 Curbs: Construction: Permits Required.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to construct, or cause to be constructed by private contract independently of other street work, any concrete curb on any street without first obtaining a permit in writing to do so from the Street Superintendent.
(Sec. 10, Ord. 301, thereafter codified in Sec. 24.47, E.T.C.) 7-3.14. Deleted by 83-03.
7-3.15 Deleted by 83-03.
7-3.16. Curbs: Construction: Time Limits: Specifications.

The permit required by Section 7-3.13 of this chapter shall provide for the completion of the work within a specified time, to be determined by the Street Superintendent, which time may be extended by the Street Superintendent. Such permit shall further provide that the work shall be in conformity with the specifications filed and to the satisfaction and acceptance of the Street Superintendent.
(Sec. 12, Ord. 301, thereafter codified in Sec. 24.49, E.T.C.) 7-3.17 Curbs: Construction: Corner Radii.

Curblines at each and every street corner shall be connected by and constructed on a circular curve with a radius as follows: Where the sidewalk spaces of the intersecting streets are on the same width, the radius shall be equal to the width of either of the sidewalk spaces, but where the sidewalk spaces of the intersecting streets are of unequal width, the radius shall be equal to the narrower of the two (2) sidewalk spaces; provided, however, the curb radius on the southeast corner of Green Street and Powell Street shall be forty feet (40'); and provided, further, in each and every case, such circular curve shall be tangent to both of the curblines which it connects. Each point at the top of the curb at which such circular curve is tangent shall be called and shall be known as the “return.” (Sec. 3, Ord. 311, thereafter codified in Sec. 24.4, E.T.C.) 7-3.18 Permits: Posting.

All permits for construction issued pursuant to the provisions of this chapter shall be posted conspicuously on the job.
(Sec. 7, Ord. 301, thereafter codified in Sec. 24.42, E.T.C.) 7-3.19. Deleted by 83-03.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 7. STANDARD SPECIFICATIONS FOR

PUBLIC WORKS CONSTRUCTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 7.

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
Sections:
7-7.01 Adoption of Standard Specifications – Delegation of Authority to Approve Plan or Design of Improvement to Public Property
7-7.02 Amendments
7-7.03 Severability
7-7.04 Violations: Penalties
7-7.01 Adoption of Standard Specifications – Delegation of Authority to Approve Plan or Design of Improvement to Public Property.
(a) The City Council shall adopt, by separate resolution, standard specifications, which are hereby incorporated by reference and made part of this chapter as though set forth in this chapter in full. (b) The City Engineer is hereby granted the exclusive authority to approve and exercise discretionary authority as to the plan or design of a construction of, or an improvement to, public property in advance of the construction or improvement.
(c) The City Engineer shall affix the following statement, his or her signature, and the date thereof to the plan or design of a construction of, or an improvement to, public property before said plan or design is advertised for public bid, and to any amendment, alteration or change to said plan or design of improvement to public property before said improvement is constructed:

In accordance with Section 7-7.01(b) of Chapter 7 of Title 7 of the Emeryville Municipal Code, as City Engineer for the City of Emeryville, I do hereby exercise the discretion delegated to me and approve the plan or design of a construction of, or an improvement to, public property to which this statement and my signature is affixed. Executed this ____ day of ________, 20 __.
_________________________
[Name], City Engineer
(Sec. 1, Ord. 78-018; Sec. 2, Ord. 14-012, eff. Jan. 15, 2015) 7-7.02 Amendments.

The Council may make changes in either the type and character of materials used or the methods of construction whenever, in the opinion of the Council, the public interest will best be served. Such changes shall be in the form of amendments to said Standard Specifications for Public Works Construction and shall have the force of law. (Sec. 3, Ord. 78-018)
7-7.03 Severability.

The Council hereby declares that if any section, paragraph, sentence, or word of said Standard Specifications for Public Works Construction is for any reason held to be invalid, the Council would have adopted said Standard Specifications for Public Works Construction and each section, paragraph, sentence, or word thereof irrespective of the fact that any one (1) or more sections, paragraphs, sentences, or words be declared unconstitutional. (Sec. 2, Ord. 78-018)
7-7.04 Violations: Penalties.

It shall be a violation of the Emeryville Municipal Code for any person to violate any provision or to fail to comply with any of the requirements of this chapter or said Standard Specifications for Public Works Construction. Any person violating any provision of this chapter or said Standard Specifications for Public Works Construction or DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 7. STANDARD SPECIFICATIONS FOR

PUBLIC WORKS CONSTRUCTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. failing to comply with any of its requirements shall be subject to administrative citation under Chapter 7 of Title 1 of this Code.
(Sec. 4, Ord. 78-018)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. URBAN FORESTRY ORDINANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 10.

URBAN FORESTRY ORDINANCE
Sections:
7-10.01 Title
7-10.02 Purpose
7-10.03 Definitions
7-10.04 Maintenance of Street Trees
7-10.05 Planting and Removal of Street Trees
7-10.06 Protection of Trees and Landscape Material
7-10.07 Nuisance Trees; Abatement
7-10.08 Materials Deleterious to Plant Growth Prohibited 7-10.09 Paving Prohibited on Parkway
7-10.10 Exemptions
7-10.11 Urban Forestry Account
7-10.12 Penalties for Violation of Ordinance
7-10.01. Title.

The ordinance codified in this chapter shall be known as the Emeryville Urban Forestry Ordinance. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.02. Purpose.

The Emeryville Urban Forestry Ordinance is enacted to further the following public purposes:
(a) To realize the optimum benefits of trees on the City’s streets and public places, including favorable modification of microclimates, mitigation of air, water and noise pollution, reduction of soil erosion and runoff, enhancement of the visual environment, and promotion of community pride; (b) To provide habitat for wildlife and green space;
(c) To integrate street planting and maintenance with other urban elements and amenities, including but not limited to utilities, vehicular and pedestrian traffic; (d) To promote efficient, cost-effective management of the City’s urban forest by coordinating public and private efforts within a comprehensive and professional management system; (e) To promote the attractiveness of the City to residents and visitors and enhance property values and the quality of life within the City;
(f) To reduce the public hazard, nuisance, and expense occasioned by improper tree selection, planting, and maintenance;
(g) To create and maintain a unified urban-forest resource, enhancing the City’s overall character and sense of place; and
(h) To provide a mechanism by which a “street tree” may be removed, as well as the imposition of penalties for any unauthorized removal or violations of the Urban Forestry Ordinance. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.03. Definitions.

Unless the context otherwise clearly indicates, the words and phrases used in this chapter shall be defined as follows:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. URBAN FORESTRY ORDINANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (a) “Cumulative diameter” shall refer to the sum diameter of the trunks of multi-stemmed trees, or to the sum diameter of the trunks of several trees, when measured at four and one-half feet (4-1/2') feet above natural grade. (b) “Department” shall mean the Department of Public Works or the Department’s designee. (c) “Director” shall mean the Director of the Department of Public Works or the Director’s designee. (d) “Drip line” shall mean the outermost limit of the canopy of a tree as determined by the perimeter of its branches which, extended perpendicularly to the ground, encloses the tree. (e) “Injure” or “injury” shall mean any act which harms or damages a tree, including but not limited to impact, cutting, carving, transplanting, or knocking over, and includes but is not limited to the following: injurious attachment of any rope, wire, nail, advertising poster, or other contrivance to any street tree; intentionally or negligently allowing any gaseous liquid or solid substance that is harmful to a tree to come into contact with a tree; setting fire or intentionally or negligently permitting any fire to burn when such fire or the heat therefrom will injure any part of any tree; pruning which in and of itself will kill or cause a tree to decline; or severing of all or part of a tree.
(f) “Landscape material” shall mean any tree, shrub, groundcover or other plant. (g) “Maintenance” shall mean those actions necessary to promote the life, growth, health, or beauty of a tree.

Maintenance includes both routine and major activities. “Routine maintenance” shall include adequate watering to ensure the tree’s growth and sustainability; weed control; removal of tree-well trash; staking; fertilizing; routine adjustment and timely removal of stakes, ties, tree guards, and tree grates; bracing; and sidewalk repairs related to the tree’s growth or root system. “Major maintenance” shall include structural pruning as necessary to maintain public safety and to sustain the health, safety, and natural growth habit of the tree; pest- and disease-management procedures as needed and in a manner consistent with public health and ecological diversity; replacement of dead or damaged trees.
(h) “Nuisance tree” shall mean any tree that poses a hazard to person or property. A tree may be deemed a nuisance if it or any part of it: (1) appears dead, dangerous, or likely to fall; (2) obstructs or damages a street or sidewalk; (3) harbors a serious disease or infestation threatening the health of other trees; (4) interferes with vehicular or pedestrian traffic; (5) obstructs official street cleaning activities; or (6) poses any other significant hazard or potential hazard, as determined by the Department. (i) “Parking strip” or “parkway” shall mean the area between the property line and roadway, except sidewalk and curb, if any.
(j) “Replacement value fee” shall mean a fee equal to the value of the tree as determined by an appraisal prepared by a certified arborist by using the most current edition of the “Guide for Plant Appraisal” published by the Council of Tree and Landscape Appraisers. All trees four inches (4") and greater in diameter at four and one-half feet (4-1/2') above natural grade level shall be evaluated using the trunk formula method of appraisal. All other trees shall be evaluated using the replacement cost method of appraisal. (k) “Street tree” shall mean any tree growing within the public right-of-way, including unimproved public streets and sidewalks, and any tree growing on land under the jurisdiction of the City of Emeryville. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.04 Maintenance of Street Trees.
(a) Responsibilities of Property Owners. It shall be the duty of all public agencies and property owners whose property is not zoned medium density residential (R-M) and whose lots or portions of lots abut, front or are adjacent to any street tree to maintain such street tree. This duty shall include both routine and major maintenance of the street tree. This duty shall be extended to any property owner whose property is zoned medium density residential (R-M) where the conditions of development approval require maintenance. (b) Responsibilities of the Department. The Department shall maintain all street trees and landscapes on properties zoned medium density residential (R-M) and those landscapes that are not the responsibility of any other DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. URBAN FORESTRY ORDINANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. entity under subsection (a) of this section. In addition, the Department may, at the Department’s discretion, determine to undertake the regular routine and/or major maintenance of certain street trees or corridors of street trees to promote consistency in the maintenance of trees or when in the public interest. (c) Liability. Nothing in this chapter shall be deemed to impose any liability upon the City of Emeryville or upon any of its officers or employees or agents, or to relieve the owner and occupant of any private property from the duty to keep trees upon such property or under his or her control in a safe condition. (d) Department Street Tree Inventory and Documentation. The Department shall use its best efforts to maintain an inventory of all trees under its jurisdiction; such information shall be made available to the public upon request. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.05 Planting and Removal of Street Trees.
(a) Encroachment Permit Required – Planting. It shall be a violation of the Emeryville Municipal Code for any person to plant a street tree without a valid encroachment permit for such work issued by the Department pursuant to Chapter 2 of this title.
(b) Encroachment Permit Required – Removal. It shall be a violation of the Emeryville Municipal Code for any person to remove any street tree without a valid tree removal permit for such work issued in accordance with this chapter and a valid encroachment permit for such work issued by the Department pursuant to Chapter 2 of this title. (c) Planting. An abutting property owner who desires a permit to plant a street tree shall apply to the Department as part of the encroachment permit process. The details of the planting, such as the species of street tree, soil testing, soil amending, staking, location and other details shall be approved by the Department. If approved, a permit to plant the specified species of tree(s) shall be issued to the applicant. The Department may elect to plant the street tree or permit the applicant to do so and condition any permits on the abutting property owner’s agreement to water or otherwise maintain the street tree or upon such other conditions as may be appropriate. In order to encourage the planting of street trees, the Department may, in its discretion, waive the permit fee for the planting of a street tree. (d) Tree Removal Permit. An abutting property owner who desires to remove a street tree shall apply to the Department for a tree removal permit. Such application must be accompanied by payment of the encroachment permit fee in accordance with the Master Fee Schedule adopted by the City. (e) Removal Application. An applicant requesting a tree removal permit to remove a street tree shall be required to submit a plan showing (1) the location, species, trunk diameter at four and one-half feet (4-1/2') above natural grade, canopy size, and drip line (as defined in Section 7-10.03) of all street trees to be removed, (2) a red “X” over each street tree to be removed, (3) an appraisal of the replacement value fee (as defined in Section 7-10.03) of all street trees identified in the plan to be removed, (4) a tree report prepared by a certified arborist providing accurate information and opinion regarding the location, species, trunk diameter measured at four and one half feet (4-1/2') above natural grade, canopy size, and condition of all street trees identified in the plan to be removed, and (5) such other information or details as the Department may require. Applicants for a street tree removal permit sought as a component of a development project that requires Planning Commission review or approval in accordance with Article 82 of Chapter 4 of Title 9 shall also comply with the submittal requirements set forth in Section 9-4.82.3.

Further, applicants for a street tree removal permit shall also comply with the submittal requirements for an encroachment permit as set forth in Section 7-2.04.
(f) Decision to Grant Permit. The Department shall present the application to remove a street tree to the Planning Commission at a noticed public hearing. The Planning Commission may grant or deny the tree removal permit for removal of a street tree as determined in its sole discretion. If the Planning Commission grants a permit for tree removal, the Planning Commission shall require the planting of replacement trees of equal or cumulative diameter to the trees approved for removal and payment of the replacement value fee of the street tree(s) to be removed. When replacement of a tree of equal diameter is not feasible, for reasons related to site-specific conditions, replacement at the largest practicable diameter, as determined by the Planning Commission, shall be required. When the replacement tree cannot match the diameter of the tree to be removed, due to site-specific conditions, the Planning Commission shall require replacement planting of several trees of equal cumulative diameter to the tree being removed. In cases where the need for street tree removal is without fault of the property owner and the property DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. URBAN FORESTRY ORDINANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. owner is not otherwise responsible for maintenance of the street tree, or for other good cause shown, the Planning Commission may waive the requirement to plant a replacement tree of equal or cumulative value or payment of a replacement value fee.
(g) Notice Required. Upon receipt of an application for a tree removal permit for street tree removal, the Department shall post notice of the public hearing on such application on the affected street tree(s), in a manner not injurious to the tree(s); at the locations designated in Section 2-8.01 and provide Type B and D notice as set forth in Section 9-4.89.3.
(h) Appeals.
(1) Any person aggrieved by the decision of the Planning Commission may appeal to the City Council within fifteen (15) days after final action by the Planning Commission. The decision of the City Council shall be final.
(2) All appeals under this section shall be governed by the procedures set forth in Article 88 of Chapter 4 of Title 9.
(i) Compliance with Landscaping Provisions of Zoning Ordinance. In all cases, tree planting and landscaping undertaken pursuant to this chapter shall comply with the requirements of Article 54 of Chapter 4 of Title 9, except when, in the discretion of the Public Works Department or the Planning Department, site conditions are such that modification is warranted.
(Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2, Ord. 06-020, eff. Dec. 21, 2006; Sec. 2, Ord. 08-007, eff. Oct. 2, 2008; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010)
7-10.06 Protection of Trees and Landscape Material.
(a) Injury to or Destruction of Trees Prohibited. It shall be a violation of the Emeryville Municipal Code for any person to intentionally, maliciously or through negligence injure or destroy a street tree. (b) Injury to or Destruction of Landscape Materials Prohibited. It shall be a violation of the Emeryville Municipal Code for any person to intentionally, maliciously or through negligence injure or destroy any landscape material in any street median, center strip, or other landscaped portion of a public right-of-way under the City’s jurisdiction, except as authorized by the Department.
(c) Construction Work – Protection of Trees Required. It shall be a violation of the Emeryville Municipal Code for any person to engage in any construction work on private or public property without first taking steps to protect all street trees from damage, including damage caused by soil compaction or contamination. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.07 Nuisance Trees; Abatement.
(a) Notice to Property Owner(s). Upon a finding by the Department that any tree on private property or a street tree for which a property owner is responsible is a “nuisance tree” as defined herein, the Department shall send notice to the property owner(s) which describes the condition creating the nuisance, the actions required to be taken to abate the nuisance, and the date by which compliance must be completed. Required action may include replacement or removal of the tree. In cases of extreme danger, as determined by the Department, the Department may require immediate compliance.
(b) Department of Public Works to Abate Nuisance If Owner Fails to Do So. If the responsible property owner does not undertake in a timely manner the abatement action, as required by said notice, the Department may perform necessary work to abate the nuisance. The cost of such abatement, including labor, equipment, materials, inspection services, and administrative costs, shall be an obligation owing by the responsible property owner(s) to the City. (c) Method of Enforcement and Collection of Lien. The City Manager or his or her designee shall calculate all costs of abatement. The property owner shall be billed by the City Manager or his or her designee for the total costs and payment shall be due and payable within fifteen (15) days of the billing date. If the property owner fails timely to remit payment, the costs for abating such nuisance shall constitute a special assessment against the property to DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. URBAN FORESTRY ORDINANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. which it relates, and upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.08 Materials Deleterious to Plant Growth Prohibited.

Except where approved by the Department, it shall be a violation of the Emeryville Municipal Code for any person to place or allow to be placed in or upon any parking strip, parking area or public plat any salt, oil, herbicide, or any other material deleterious to the growth of plants, or in such close proximity to such public squares, parking areas, or public plats, that such deleterious material will permeate the soil thereof. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.09 Paving Prohibited on Parkway.

It is a violation of the Emeryville Municipal Code for any person to pave any parking strip or parkway in any manner or with any material whatsoever without first securing the written permission of the Department. Such permission shall be given in accordance with rules and regulations adopted by the Department. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.10 Exemptions.

The City of Emeryville is not subject to the requirements of this chapter. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.11 Urban Forestry Account.

All replacement value fees and penalties collected under this chapter shall be deposited in an Urban Forestry Account for use by the Department in tree planting and landscape maintenance. (Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) 7-10.12 Penalties for Violation of Ordinance.

It shall be a violation of the Emeryville Municipal Code for any person to violate any provisions or to fail to comply with any requirement of this chapter.
(a) Administrative Citation. Any person violating any provisions of this chapter shall be subject to administrative citation as set forth in Chapter 7 of Title 1.
(b) Civil Penalties. Any person, including but not limited to the property owner, the person performing the work, and/or any other responsible person who violates any provision of this chapter or any condition established as part of any permit issued hereunder, may be required to replace any removed or damaged street tree or landscaping and shall become liable to the City for a civil penalty three (3) times the replacement value fee of the street tree or landscaping plus the City’s incurred appraisal costs, if any. The replacement value fee shall be determined by a City-selected certified arborist qualified to perform plant and tree appraisals, if the replacement value fee has not already been determined.
(c) Cumulative. The remedies set forth in this section are not exclusive, but cumulative, and may be used in addition to those set forth elsewhere in this Municipal Code or by law. (d) The imposition of any fine or civil penalty for violation of this chapter shall be determined by the City Manager or his designee and may be appealed to the City Council in accordance with the appeal procedures set forth in Chapter 4 of Title 1.
(e) A decision of the City Manager not to impose a fine or civil penalty for an alleged violation of this chapter shall be presented to the City Council at its next regularly scheduled meeting, and if in the opinion of the City Council good cause appears for imposition of a fine or civil penalty, the City Council shall set a time for the hearing and shall cause no less than ten (10) calendar days’ notice thereof to be given to the alleged violator(s) and such DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 10. URBAN FORESTRY ORDINANCE

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. other persons who may have an interest in the matter. The provisions of Sections 1-4.09 through 1-4.11 shall govern the hearing.
(Sec. 2 (part), Ord. 03-015, eff. Nov. 20, 2003; Sec. 2 (part), Ord. 10-003, eff. May 6, 2010) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 14. SANDBLASTING

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 14.

SANDBLASTING
Sections:
8-14.01 Permits: Required
8-14.02 Permits: Applications
8-14.03 Permits: Fees
8-14.04 Insurance
8-14.05 Notices of Intended Work
8-14.06 Protection of Adjoining Property
8-14.07 Hours and Days
8-14.08 Dry Sandblasting
8-14.09 Imposition of Precautionary Regulations: Authority 8-14.01 Permits: Required.

It shall be unlawful for any person to do any sandblasting or similar type of exterior building cleaning on any structure or to do any sandblasting or similar type of cleaning on any other personal property without having first obtained a permit therefor from the City Engineer. A separate permit shall be required for each separate job or location at which such sandblasting shall be done.
(Sec. 5.15, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.01) 8-14.02 Permits: Applications.

An applicant for the permit required by this chapter shall first file an application therefor in writing in the office of the City Engineer. Each application shall show the following information:
(a) The location of the job;
(b) The building or personal property to be sandblasted; (c) The length of time it is estimated the job will take; (d) The date when the sandblasting work is to commence; (e) The number of men to be employed; and
(f) The type of equipment to be used.
(Sec. 5.16, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.02) 8-14.03 Permits: Fees.

At the time of filing the application for the permit required by this chapter, a permit fee shall be paid to the City Engineer. The amount of the permit fee shall be computed according to the number of days stated in such application as the estimated length of time the job will take and in accordance with the following schedule:
(a) For any job not lasting more than three (3) working days, five dollars ($5.00); and (b) For any job lasting more than three (3) working days, ten dollars ($10.00).

No permit fee shall be required for an applicant who has paid a business tax to the City pursuant to the provisions of Chapter 1 of Title 3 of this Code.
(Sec. 5.17, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.03) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 14. SANDBLASTING

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 8-14.04 Insurance.

Before the permit required by this chapter shall be issued, the applicant shall file with the City Clerk a policy or policies of insurance, issued by a company duly licensed to do business in the State, providing for public liability insurance in the minimum amount of one hundred thousand dollars ($100,000.00) for personal injuries or death to one (1) person and three hundred thousand dollars ($300,000.00) for personal injuries or death to two (2) or more persons and for insurance against property damage in the minimum amount of one hundred thousand dollars ($100,000.00).
(Sec. 5.18, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.04) 8-14.05 Notices of Intended Work.

Before the applicant for the permit required by this chapter shall commence any sandblasting work, he shall give a three (3) day notice to all the occupants of buildings within a radius of fifty feet (50') of the site of the proposed sand-blasting, and such applicant shall submit evidence to the City Engineer satisfactory to him that such three (3) day notice has been given.
(Sec. 5.19, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Ord. 70-01; Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.05) 8-14.06 Protection of Adjoining Property.

Each sandblasting operation shall at all times be protected and separated from any adjoining property by canvas or other suitable barriers sufficient to prevent splashing or blowing of water or sand, or both. (Sec. 5.20, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.06) 8-14.07 Hours and Days.

No sandblasting shall be permitted before 8:00 a.m. or after 5:00 p.m. of any day, nor shall sandblasting be permitted on Saturdays, Sundays or legal holidays, unless special permission has been granted by the City Manager, Planning and Building Director or the Public Works Director in accordance with Section 5-13.05(e) of this Code or a waiver has been granted by the City Council in accordance with Section 5-13.06 of this Code. (Sec. 5.20, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; amended by Sec. 2, Ord. 11-012, eff. Dec. 1, 2011; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.07) 8-14.08 Dry Sandblasting.

No dry sandblasting shall be permitted, except by special permission of the City Engineer, and permission therefor shall be granted only in those situations wherein wet sandblasting cannot be done due to peculiar circumstances.

Any application for dry sandblasting shall state therein that permission is requested for dry sandblasting and the reasons why wet sandblasting cannot be used.
(Sec. 5.20, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.08) 8-14.09 Imposition of Precautionary Regulations: Authority.

The City Engineer is authorized to impose such other reasonable precautionary regulations as he deems reasonably required to prevent damages to nearby buildings or their contents or to prevent dust or other particles from polluting the air or becoming a public nuisance or menace to health. (Sec. 5.20, E.T.C., as added by Sec. 1, Ord. 493; as renumbered by Sec. 9, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-11.09) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 18. SEISMIC HAZARD IDENTIFICATION

AND MITIGATION PROGRAM FOR UNREINFORCED
MASONRY BUILDINGS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 18.

SEISMIC HAZARD IDENTIFICATION AND MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS*
* Editor’s Note: The City’s seismic hazard program provisions were first enacted by Sec. 2, Ord. 90-6, eff. Aug. 9, 1990, as Secs. 8-10.10 through 8-10.150. Sec. 3, Ord. 92-06, eff. Mar. 5, 1992, then amended Sec. 2 of Ord. 90-6 to add the seismic hazard program provisions as Chapter 15 of Title 8, Secs. 8-15.01 through 8-15.15. Both these ordinances underlie the later complete amendment of Title 8, Chapter 15 by Ord. 95-001.

Sections:
8-18.01 Purpose
8-18.02 Definitions
8-18.03 Applicability
8-18.04 Exempted Unreinforced Masonry Buildings
8-18.05 Notification of Owners
8-18.06 Removal from List of Potentially Hazardous Buildings 8-18.07 Seismic Safety Report
8-18.08 Compliance Plan
8-18.09 Minimum Hazard Reduction Requirement
8-18.10 City’s Review of Seismic Safety Reports and Compliance Plan 8-18.11 Interpretations
8-18.12 Appeal of Building Official’s Determinations
8-18.13 Fees and Costs of Appeal
8-18.14 Remedies
8-18.15 Building Tenant Notification
8-18.16 Notification of Owners
8-18.17 Exemption From Subsequent Amendments
8-18.01 Purpose.

The purpose of this chapter is to promote public safety by identifying those buildings in the City of Emeryville which are most susceptible to earthquake damage and to require certain mitigation measures to protect the lives of persons working and residing in Emeryville.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.01) 8-18.02 Definitions.

For the purposes of this chapter the following definitions shall apply:
(a) “Accessory building” is a detached subordinate building, the use of which is customarily incidental to that of the principal building or to the primary uses of the land and which is located on the same lot with the principal building or use.
(b) “Civil engineer” or “structural engineer” means a licensed civil or structural engineer registered by the State of California pursuant to the rules and regulations set forth in Chapter 5 of Title 16 of the California Administrative Code.
(c) “Diaphragm” means a horizontal or nearly horizontal system acting to transmit lateral forces to the vertical resisting elements. When the term “diaphragm” is used, it includes horizontal bracing systems. (d) “Essential building” is any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police stations; or municipal government disaster operation and communication centers. (e) “Exterior design elements” include but are not limited to parapets, cornices, masonry veneers, and any additional exterior nonstructural features which are likely to fall on the public right-of-way during an earthquake.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 18. SEISMIC HAZARD IDENTIFICATION

AND MITIGATION PROGRAM FOR UNREINFORCED
MASONRY BUILDINGS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (f) “Uniform Building Code (UBC)” is as published by the International Conference of Building Officials, Whittier, California, as adopted by the City of Emeryville. (g) “Unreinforced masonry (URM) building” means any building containing load-bearing walls and/or columns constructed wholly or partially of masonry which have an area of vertical, horizontal and combined reinforcing steel less than fifty percent (50%) of that required by the 1988 Uniform Building Code, and includes but is not limited to:
(1) Unreinforced brick masonry;
(2) Hollow clay tile;
(3) Adobe unburned clay tile;
(4) Stone masonry.
(h) “Load-bearing walls” are walls having all of the following characteristics:
(1) Provide the vertical support for a floor or roof;
(2) Have a total superimposed load over one hundred (100) pounds per linear foot. (Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.02) 8-18.03 Applicability.

The provisions of this chapter shall apply to all unreinforced masonry buildings in the City, and to buildings with exterior design elements which, in the opinion of the Chief Building Official, are subject to failure in the event of an earthquake.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.03) 8-18.04 Exempted Unreinforced Masonry Buildings.

The following buildings are exempted from complying with this chapter:
(a) Unoccupied accessory buildings on residential lots; (b) Buildings which meet the minimum hazard reduction requirements of Section 8-18.09, and are used as warehouses with not more than ten percent (10%) of the gross floor area used as office space accessory to the warehouse use. Warehouses which contain pharmaceutical supplies or hazardous materials, or are used for disaster relief or emergency services are not exempt from this chapter; (c) Buildings which have been structurally upgraded in substantial conformity to the structural standards for unreinforced masonry buildings of Appendix Chapter 1 of the Uniform Code for Building Conservation (“UCBC”), or to the force levels of the 1973, or later, edition of the UBC, or to another standard approved by the Building Official.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.04) 8-18.05 Notification of Owners.

Owners of buildings subject to the provisions of this chapter shall be notified within ten (10) days of the effective date of the ordinance codified in this chapter by the Building Division of the City of Emeryville that each such building has been included in the City’s list of potentially hazardous buildings, and of all of the requirements of this chapter.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.05) 8-18.06 Removal from List of Potentially Hazardous Buildings.

A building may be removed from the City’s list of potentially hazardous buildings by demonstrating to the satisfaction of the Building Official that either:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 18. SEISMIC HAZARD IDENTIFICATION

AND MITIGATION PROGRAM FOR UNREINFORCED
MASONRY BUILDINGS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (a) The building is exempt under the provisions of Section 8-18.04; or (b) All of the following conditions are met:
(1) The minimum hazard reduction requirement of Section 8-18.09 has been satisfied, (2) A seismic safety report has been prepared in accordance with Section 8-18.07 herein, and (3) That any additional mitigation work recommended in the seismic safety report has been performed and the building has been structurally upgraded to be in substantial conformity with the structural standards for unreinforced masonry buildings of Appendix Chapter 1 of the Uniform Code for Building Conservation (UCBC), or to the force levels of the 1973, or later, edition of the UBC, or to another standard approved by the Building Official.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.06) 8-18.07 Seismic Safety Report.

Owners of buildings identified as potentially hazardous shall submit a seismic safety report to the Building Division of the City of Emeryville as follows:
(a) Time Frame. Seismic safety reports shall be submitted within twelve (12) months of the effective date of the ordinance codified in this chapter, or such additional time as the Building Official deems necessary and proper. (b) Authorized Preparers. Seismic safety reports shall be prepared by a civil or structural engineer licensed by the State of California. Each seismic safety report shall bear the signature and professional registration number, including its expiration date, of the responsible engineer. (c) Purpose. The purpose of the seismic safety report shall be to evaluate the structural adequacy of the building to resist the seismic effects of earthquake, meet the standards described in subsection (d) of this section, and to identify any exterior design elements. The report may include a compliance plan as described in Section 8-18.08, if rehabilitation is deemed necessary.
(d) Building Standards. The building standards to be used in preparation of seismic safety reports shall be the minimum hazard reduction described in Section 8-18.09, the UCBC, or the 1973 or later edition of the UBC, and any other standards accepted by the Building Official.
(e) Format. The format for seismic safety reports shall incorporate the following data:
(1) General Information. The building’s address, age, original use, and any subsequent changes in use or occupancy;
(2) Configuration. A description of the building’s size, shape, arrangement of structural elements, and any irregularities or discontinuities. The description shall also include nonstructural exterior design elements such as appendages, parapets, and veneers;
(3) Materials. The types, ages and present conditions of all structural materials; (4) Plans of Existing Construction. A description of the seismic integrity of existing conditions with an adequate and appropriate degree of detail;
(5) Calculations to Check Existing Construction. A description of the capacities of existing resisting elements and connections and including any testing results; (6) Conclusions and Recommendations. A description of the areas found to be deficient in their ability to withstand prescribed seismic forces. This section shall discuss in general terms the alternatives available for mitigation to the applicable standards of these inadequacies and recommendations for the most suitable solutions.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 18. SEISMIC HAZARD IDENTIFICATION

AND MITIGATION PROGRAM FOR UNREINFORCED
MASONRY BUILDINGS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.07) 8-18.08 Compliance Plan.

If the seismic safety report for a building has identified deficiencies, the owner shall submit a compliance plan for approval by the Building Official within ninety (90) days after submittal of the seismic safety report. The report shall describe how the building owner intends to approach hazard reductions of the building in addition to improvements required under Section 8-18.09 (Minimum Hazard Reduction Requirement) and when the indicated improvements will be made. Options available to the building owner to achieve hazard reduction include, but are not limited to, the following:
(a) Commence the structural rehabilitation of the building to meet or exceed the seismic provisions of the engineering standards referenced in Section 8-18.07(d) above.

Any building which qualifies as “historical property” as determined by an appropriate governmental agency under Section 37602 of the Health and Safety Code shall be retrofitted in accordance with the State Historical Building Code;
(b) Vacate the building. Any vacated building shall either be rehabilitated or demolished within twenty-four (24) months from the date of the engineer’s report;
(c) Demolish the building, or portions thereof, to eliminate the potentially hazardous conditions. Any reconstruction shall be made in accordance with the design review provisions of the Zoning Code (Chapter 4, Article 84, Section 9-4.84 et seq.).
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.08) 8-18.09 Minimum Hazard Reduction Requirement.

Owners of buildings included in the list of potentially hazardous buildings shall be required to do the following within thirty-six (36) months of the effective date of the ordinance codified in this chapter:
(1) To secure the roof and floor(s) to the building’s walls if such attachment is lacking or declared inadequate in the seismic safety report to insure that bearing walls will transfer loads of at least one hundred (100) pounds per linear foot of wall; and
(2) To remove, upgrade or repair dangerous exterior design elements.

The Building Official may, at his or her sole discretion, grant additional time to comply with this section. (Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.09) 8-18.10 City’s Review of Seismic Safety Reports and Compliance Plan.

The Building Division shall review the documents submitted for each building identified as potentially hazardous, and approve the seismic safety report and compliance plan pursuant to this chapter. Copies of approved seismic safety reports submitted shall be available to the public for inspection at the Building Division upon request. (Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.10) 8-18.11 Interpretations.

The interpretation of the Building Official shall prevail on matters relating to the implementation of this chapter. (Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.11) 8-18.12 Appeal of Buildings Official’s Determinations.

Any decision made by the Building Official pursuant to this chapter may be appealed in writing to the City Manager or his or her designee who may be a licensed civil or structural engineer. The written appeal shall include all facts relevant to the decision and reasons to support any alleged abuse of discretion by the Building Official. The City Manager may take testimony of the appellant and the Building Official and independent experts, or may in his or her DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 18. SEISMIC HAZARD IDENTIFICATION

AND MITIGATION PROGRAM FOR UNREINFORCED
MASONRY BUILDINGS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. discretion determine the appeal based upon the written record. The decision of the City Manager or his or her designee shall be final.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.12) 8-18.13 Fees and Costs of Appeal.

The building owner shall pay an Engineer’s Report Review Fee for review of the seismic safety report as established under the Master Fee Schedule. The amount of this fee shall be deducted from the plan checking fee collected for any building permit issued for the seismic rehabilitation of the structure. The building owner is responsible for any fees and costs, as established by the Master Fee Schedule, necessary for an appeal and shall deposit, in advance of any appeal provided herein, an amount equal to the estimated cost of experts retained to testify or to determine the appeal.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.13) 8-18.14 Remedies.

It shall be a violation of the Emeryville Municipal Code for the owner of any building subject to this chapter to violate any provision of this chapter. The remedies that are available to the City shall include but not be limited to:
(a) The City may seek injunctive relief to enjoin a building owner’s violation of this chapter. (b) A building owner violating this chapter shall be subject to administrative citation as set forth in Chapter 7 of Title 1 of this Code.
(c) These remedies are not exclusive.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.14) 8-18.15 Building Tenant Notification.

Owners of each identified building shall provide each of their tenants with written notification that a seismic investigation of their building has taken place, and that the seismic safety report documenting the investigation is available for review at the Building Division. Such notification shall occur within thirty (30) days after submittal of the seismic safety report to the Building Division.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.15) 8-18.16 Notification of Owners.

Owners of buildings subject to the provisions of this chapter shall be notified by the Building Division of the City of Emeryville within thirty (30) days of the effective date of amendments to this chapter that such buildings are on the City’s list of potentially hazardous buildings, and of all of the requirements of this chapter. (Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.16) 8-18.17 Exemption From Subsequent Amendments.

Buildings on which construction has been completed in compliance with all requirements of this chapter existing at the date of completion shall not be declared a potentially hazardous building under standards adopted after the date of completion. This exemption from later adopted standards shall be effective for a period of fifteen (15) years from the date of completion. This exemption shall not apply to a building which no longer meets the standards under which the seismic work was completed or buildings which undergo a change of use or occupancy. For the purposes of this section, “date of completion” shall refer to the date that the building is removed from the list of potentially hazardous buildings.
(Sec. 2 (part), Ord. 95-001, eff. Mar. 9, 1995; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-15.17) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 21.

FLOODPLAIN MANAGEMENT
Sections:
8-21.01 Definitions
8-21.02 General Provisions
8-21.03 Administration
8-21.04 Standards of Construction for Special Flood Hazard Areas 8-21.05 Standards for Utilities
8-21.06 Standards for Subdivisions and Other Proposed Development 8-21.07 Standards for Manufactured Homes
8-21.08 Standards for Recreational Vehicles
8-21.09 Variance Procedure
8-21.10 Appeal
8-21.11 Enforcement
8-21.01 Definitions.

As used in this chapter, certain words and phrases are defined as follows:
(a) A Zone. See “Special flood hazard area.”
(b) “Accessory structure” means a structure that is either:
(1) Solely for the parking of no more than two (2) cars; or (2) A small, low cost shed for limited storage, less than one hundred fifty (150) square feet and one thousand five hundred dollars ($1,500) in value.
(c) “Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
(d) “Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. (e) “Apex” means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. (f) “Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter.
(g) “Area of shallow flooding” means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM).

The base flood depths range from one foot (1') to three feet (3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
(h) Area of Special Flood Hazard. See “Special flood hazard area.” (i) “Base flood” means a flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the “one hundred (100) year flood”). “Base flood” is the term used throughout this chapter. (j) “Base flood elevation (BFE)” means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (k) “Basement” means any area of the building having its floor subgrade (i.e., below ground level) on all sides. (l) “Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. (m) Building. See “Structure.”
(n) “Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone VI-V30, VE, or V. (o) “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(p) “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. (q) “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before August 3, 2009. (r) “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (s) “Flood, flooding, or flood water” means:
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
(2) The condition resulting from flood-related erosion. (t) “Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
(u) “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(v) “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (w) “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flooding.”
(x) “Floodplain Administrator” is the City staff person designated by the City Manager to administer and enforce the floodplain management regulations.
(y) “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
(z) “Floodplain management regulations” means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of the police power which control development in flood-prone areas. This term describes Federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
(aa) “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
(bb) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). Also referred to as “Regulatory floodway.” (cc) “Floodway fringe” is that area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.
(dd) “Fraud and victimization” as related to Section 8-21.09 means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. (ee) “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. (ff) “Governing body” is the City of Emeryville that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. (gg) “Hardship” as related to Section 8-21.09 means an exceptional hardship that would result from a failure to grant the requested variance. The governing body requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
(hh) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (ii) “Historic structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. (jj) “Levee” means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
(kk) “Levee system” means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
(ll) “Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement”). (1) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable nonelevation design requirements, including, but not limited to:
(i) The flood openings standard in Section 8-21.04(c);
(ii) The anchoring standards in Section 8-21.04(a);
(iii) The construction materials and methods standards in Section 8-21.04(b); and (iv) The standards for utilities in Section 8-21.05.
(2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement”). This prohibition includes below-grade garages and storage areas. (mm) “Manufactured home” means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” (nn) “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
(oo) “Market value” is defined in the City of Emeryville substantial damage/improvement procedures. See Section 8-21.03(b)(2)(i).
(pp) “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. (qq) “New construction,” for floodplain management purposes, means structures for which the “start of construction” commenced on or after August 3, 2009, and includes any subsequent improvements to such structures.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (rr) “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after August 3, 2009. (ss) “Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. (tt) One Hundred (100) Year Flood. See “Base flood.”
(uu) “Primary frontal dune” means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope. (vv) “Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. (ww) “Public safety and nuisance,” as related to Section 8-21.09, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
(xx) “Recreational vehicle” means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(yy) “Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').
(zz) “Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, removing the structure or other development, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
(aaa) “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (bbb) “Sand dunes” means naturally occurring accumulations of sand in ridges or mounds landward of the beach. (ccc) Sheet Flow Area. See “Area of shallow flooding.”
(ddd) “Special flood hazard area (SFHA)” means an area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE, A99, AH, V1-V30, VE or V.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (eee) “Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (fff) “Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
(ggg) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
(hhh) “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations or State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”
(iii) V Zone. See “Coastal high hazard area.”
(jjj) “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (kkk) “Violation” means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (lll) “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (mmm) “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
(Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.01) 8-21.02 General Provisions.
(a) Applicable Areas. This chapter shall apply to all special flood hazard areas within the City of Emeryville. The City of Emeryville is located in two (2) Zones: Zone V and Zone X. Zone V, the coastal high hazard area, only includes City coastal and tideland areas, according to the Flood Insurance Rate Maps (FIRMs) effective August 3, 2009, on file with the City. The vast majority of the City’s jurisdiction lies in Zone X, which is not part of a special flood hazard area, and thus not subject to the requirements of this chapter.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) Basis. The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for the City of Emeryville” effective August 3, 2009, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The FIS, FIRMs and FBFMs are on file at the City. (c) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (d) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under State statutes. (e) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside a special flood hazard area or uses permitted within such area will be free from flooding or flood damages. This chapter shall not create liability on the part of the City Council of the City of Emeryville, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.02) 8-21.03 Administration.
(a) Floodplain Administrator. The City Manager or his or her designee is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. (b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Permit Review. Review all development permits to determine:
(i) Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; (ii) All other required State and Federal permits have been obtained; (iii) The site is reasonably safe from flooding;
(iv) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot (1') at any point within the City; and
(v) All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. (2) Development of Substantial Improvement and Substantial Damage Procedures.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (i) Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value.” (ii) Assure procedures are coordinated with other departments and implemented by City staff. (3) Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8-21.02(b), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer this chapter. A base flood elevation may be obtained using one (1) of two (2) methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995. (4) Notification of Other Agencies.
(i) Alteration or Relocation of a Watercourse.
(A) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(B) Submit evidence of such notification to the Federal Emergency Management Agency; and (C) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(ii) Base Flood Elevation Changes Due to Physical Alterations. (A) Within six (6) months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR). (B) All LOMRs for flood control projects are approved prior to the issuance of building permits.

Building permits must not be issued based on conditional letters of map revision (CLOMRs).

Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. (iii) Changes in Corporate Boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
(5) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed all certification required by this chapter and records of all variances granted. (6) Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8-21.10. (7) Remedial Action. Take action to remedy violations of this chapter as specified in Section 8-21.11. (8) Biennial Report. Complete and submit a biennial report to FEMA. (9) Planning. Assure the City of Emeryville’s General Plan is consistent with the floodplain management objectives contained herein.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (c) Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any special flood hazard area established in Section 8-21.02(b). Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information:
(1) Plans in duplicate, drawn to scale, showing:
(i) Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
(ii) Proposed locations of water supply, sanitary sewer, and other utilities; (iii) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
(iv) Location of the regulatory floodway when applicable; (v) Base flood elevation information as specified in Section 8-21.02(b) or subsection (b)(3) of this section;
(vi) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; and
(vii) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
(2) For a crawl-space foundation, location and total net area of foundation openings as required in Section 8-21.04(c) and detailed in FEMA Technical Bulletins 1-93 and 7-9. (3) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(4) All appropriate certifications required by Sections 8-21.04(c)(2), 8-21.04(e)(6)(i), 8-21.06(a)(3), and 8-21.07(b).
(Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.03) 8-21.04 Standards of Construction for Special Flood Hazard Areas.

In all special flood hazard areas the following standards are required:
(a) Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
(1) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
(2) Using methods and practices that minimize flood damage; (3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
(4) Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
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The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (c) Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
(1) For nonengineered openings:
(i) Have a minimum of two (2) openings on different sides having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot (1') above grade; (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwater; and (iv) Buildings with more than one (1) enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
(2) Be certified by a registered civil engineer or architect. (d) Garages and Low Cost Accessory Structures.
(1) Attached Garages.
(i) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See subsection (c) of this section. Areas of the garage below the BFE must be constructed with flood resistant materials. See subsection (b) of this section.
(ii) A garage attached to a nonresidential structure must meet the requirements of this section or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6. (2) Detached Garages and Accessory Structures.
(i) “Accessory structures” used solely for parking (two (2) car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 8-21.01(b), may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
(A) Use of the accessory structure must be limited to parking or limited storage; (B) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
(C) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
(D) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; and
(E) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with subsection (c) of this section.
(3) Detached garages and accessory structures not meeting the standards of this section must be constructed in accordance with all applicable standards in this section.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (e) Coastal High Hazard Areas. Within the coastal high hazard area of the City, Zones V, as established under Section 8-21.02(b), the following standards shall apply:
(1) All new residential and nonresidential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. (2) All new construction and other development shall be located on the landward side of the reach of mean high tide.
(3) All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 8-21.01. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. (4) Fill shall not be used for structural support of buildings. (5) Manmade alteration of sand dunes which would increase potential flood damage is prohibited. (6) The Floodplain Administrator shall obtain and maintain the following records:
(i) Certification by a registered engineer or architect that a proposed structure complies with subsection (e)(1) of this section; and
(ii) The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.04) 8-21.05 Standards for Utilities.
(a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(1) Infiltration of flood waters into the systems; and
(2) Discharge from the systems into flood waters.
(b) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
(Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.05) 8-21.06 Standards for Subdivisions and Other Proposed Development. (a) All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall:
(1) Identify the special flood hazard areas (SFHA) and base flood elevations (BFE). (2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans. (3) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the Floodplain Administrator:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (i) Lowest floor elevation.
(ii) Pad elevation.
(iii) Lowest adjacent grade.
(b) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
(c) All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (d) All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
(Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.06) 8-21.07 Standards for Manufactured Homes.
(a) All manufactured homes that are placed or substantially improved, on sites located:
(1) Outside of a manufactured home park or subdivision; (2) In a new manufactured home park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or (4) In an existing manufactured home park or subdivision upon which a manufactured home has incurred “substantial damage” as the result of a flood; shall:
(i) Within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(ii) Within Zones V1-30, V, and VE on the community’s Flood Insurance Rate Map, meet the requirements of Section 8-21.04(e).
(b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community’s Flood Insurance Rate Map that are not subject to the provisions of subsection (a) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
(1) Lowest floor of the manufactured home is at or above the base flood elevation; or (2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches (36'') in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. (Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.07) 8-21.08 Standards for Recreational Vehicles.
(a) All recreational vehicles placed on sites within Zone V shall:
(1) Be on the site for fewer than one hundred eighty (180) consecutive days; or DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (2) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(3) Meet the permit requirements of Section 8-21.03(c) and the elevation and anchoring requirements for manufactured homes in Section 8-21.07.
(b) All recreational vehicles placed on sites within Zone V shall also meet the requirements of Section 8-21.04(e).
(Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.08) 8-21.09 Variance Procedure.
(a) Nature of Variance. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City of Emeryville to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(b) Conditions for Variances.
(1) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in Section 8-21.01(ii)) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the “minimum necessary,” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City of Emeryville need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City of Emeryville believes will both provide relief and preserve the integrity of this chapter. (5) Any applicant to whom a variance is granted shall be given written notice that:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (i) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(ii) Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Alameda County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (6) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
(c) Appeal Board.
(1) In passing upon requests for variances, the City of Emeryville shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
(i) Danger that materials may be swept onto other lands to the injury of others; (ii) Danger of life and property due to flooding or erosion damage; (iii) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; (iv) Importance of the services provided by the proposed facility to the community; (v) Necessity to the facility of a waterfront location, where applicable; (vi) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(vii) Compatibility of the proposed use with existing and anticipated development; (viii) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(ix) Safety of access to the property in time of flood for ordinary and emergency vehicles; (x) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(xi) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
(2) Variances shall only be issued upon a:
(i) Showing of good and sufficient cause;
(ii) Determination that failure to grant the variance would result in exceptional “hardship” to the applicant; and
(iii) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see “Public safety and nuisance,” Section 8-21.01(ww)), cause “fraud and victimization” of the public, or conflict with existing local laws or ordinances.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 21. FLOODPLAIN MANAGEMENT

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (3) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (c)(1) through (4) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. (4) Upon consideration of the factors and the purposes of this chapter, the City of Emeryville may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.09) 8-21.10 Appeal.
(a) Any applicant or person may appeal to the City Manager the determination of the Floodplain Administrator regarding compliance with the provisions of this chapter. (b) Any appeal to the City Manager must be filed in writing with the City Clerk within ten (10) calendar days of the determination by the Floodplain Administrator. The appeal shall state with reasonable particularity and specificity the alleged error or basis for appeal and be supplemented with all supporting documentation the appellant desires the City Manager to consider. The City Manager may request additional written or oral information from the applicant or the Floodplain Administrator. The City Manager shall issue a written determination within thirty (30) calendar days after receipt of the appeal.
(c) The determination of the City Manager may be appealed to the City Council in accordance with Chapter 4 of Title 1 of the Emeryville Municipal Code.
(Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.10) 8-21.11 Enforcement.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of any provision of this chapter, including any conditions imposed as part of a development permit or variance, shall be subject to administrative citation for each separate violation as provided in Chapter 7 of Title 1 of the Emeryville Municipal Code. Nothing contained herein shall prevent or limit the City’s authority to take any lawful action it deems necessary to prevent or remedy any violation of this chapter.
(Sec. 2 (part), Ord. 09-003, eff. July 16, 2009; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-20.11) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 26 CONSTRUCTION AND DEMOLITION

WASTE REQUIREMENTS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 26

CONSTRUCTION AND DEMOLITION WASTE REQUIREMENTS
Sections:
8-26.01 Definitions
8-26.02 Applicability of Chapter
8-26.03 Submission of a Waste Management Plan
8-26.04 Review of the Waste Management Plan
8-26.05 Compliance with the Waste Management Plan
8-26.06 Exemption for Infeasibility
8-26.07 Appeal
8-26.08 Enforcement
8-26.01 Definitions.

As used in this chapter, certain words and phrases are defined as follows:
(a) “Alteration” or “alter” shall mean any construction or alteration to an existing structure other than repair, for the purpose of maintenance or addition.
(b) “Alternative daily cover” (ADC) shall mean cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging.
(c) “Applicable structure” means, at a minimum, commercial, public, institutional and industrial structures constructed or remodeled between the years 1950 and 1980 with building materials with PCB concentrations of fifty (50) parts per million (ppm) or greater. Single-family residential and wood frame structures are excluded from “applicable structure.”
(d) “Applicant” or his/her designee shall mean any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or alteration project within the City.
(e) “California Green Building Standards Code” and “CALGreen” (Title 24, Part 11) refer to the coded section of the California Building Code currently in effect.
(f) “Conditioned area/volume/size” means the area/volume/size of a building which is temperature controlled through heating and/or cooling systems.
(g) “Construction” means the building of any facility or structure or any portion thereof including any alteration of an existing facility or structure.
(h) “Construction costs” means the dollar valuation of a City project as determined by the City of Emeryville Building Division.
(i) “Construction and demolition debris” means used or discarded materials removed from premises during construction or alteration of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure. “Construction and demolition debris” includes materials containing polychlorinated biphenyls (PCBs) in applicable structures. (j) “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan.
(k) “Covered project” shall include:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 26 CONSTRUCTION AND DEMOLITION

WASTE REQUIREMENTS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (1) All new construction (commercial and residential) projects; and (2) All demolition projects (commercial and residential); and (3) All residential remodeling or alteration projects that increase the area, volume or size of conditioned or livable space of the building; and
(4) Nonresidential building additions and alterations for which a building permit is required, except those permit types listed under this section.
(l) “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior, requiring a demolition permit. (m) “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility (incinerator or the like).
(n) “Noncovered project” shall include mechanical, electrical, plumbing, awning, racks, windows, doors, antennas, signage and other permitted projects that are expected to generate waste measuring two (2) pounds or less per square foot of project area.
(o) “PCB demolition permit” means a permit issued by the City allowing demolition of an applicable structure. (p) “PCB management” means following an effective protocol, as defined by the City, for managing materials with polychlorinated biphenyl (PCB) concentrations of fifty (50) parts per million (ppm) in applicable structures at the time such structures undergo demolition, as required in the City’s municipal regional stormwater national pollutant discharge elimination system permit.
(q) “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (r) “Reuse” means further or repeated use of construction and demolition debris. (s) “Salvage” means the controlled removal of construction and demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. (t) “Universal waste” refers to products subject to regulation such as batteries, mercury-containing equipment, fluorescent bulbs and ballast, and other items included in Title 22 of the California Code of Regulations. (u) “WMP” or “waste management plan” means a completed WMP form, approved by the City for the purpose of compliance with this chapter, submitted by the applicant for any covered project. The WMP identifies materials to be ultimately removed from the project site, quantifies the materials by weight, with attached documentation, and reflects required diversion as specified in this chapter. (v) “WMP compliance official” means the staff person(s) designated and authorized by the City Manager as being responsible for implementing this chapter.
(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017; Sec. 2, Ord. 19-008, eff. Aug. 8, 2019) 8-26.02 Applicability of Chapter.
(a) Covered Projects. All covered projects shall comply with the requirements of this chapter. (b) Noncovered Projects. Noncovered projects shall be encouraged to divert at least sixty-five percent (65%) project-related construction and demolition debris.
(c) City Projects. All City projects shall be considered covered projects for the purposes of this chapter, excepting City projects for roadwork and landscaping, which shall be considered noncovered projects. City-owned DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 26 CONSTRUCTION AND DEMOLITION

WASTE REQUIREMENTS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. covered projects shall submit a waste management plan to the WMP compliance official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter. (Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)
8-26.03 Submission of a waste management plan.
(a) WMP Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a WMP, on a WMP form approved by the City Building Official for this purpose, as part of the application packet for the building or demolition permit. The completed WMP shall indicate all of the following:
(1) The estimated types of construction and demolition debris or materials to be generated; (2) The vendor or facility that the applicant proposes to use to collect or receive that material; (3) Applicant contact and project information.
(b) Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. (c) Universal Waste. Nonresidential alterations and additions to building or tenant space that meet threshold as above are required to verify that universal waste items such as fluorescent lamps and ballast and mercury containing thermostats as well as other California prohibited universal waste materials are disposed of properly and are diverted from landfills. A list of prohibited universal waste materials shall be included in the construction documents. (d) PCB Identification and Control. All projects involving applicable structures must obtain a PCB demolition permit from the City. In order to obtain this permit, information must be submitted to the City detailing the building materials involved, including test results showing PCB concentrations in all building materials specified in the permit application. PCB management must be employed and documented for all permitted projects. (e) Waste Management Company. Utilize a waste management company that can provide verifiable documentation that the percentage of construction and demolition debris diverted from the landfill complies with this chapter.
(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017; Sec. 3, Ord. 19-008, eff. Aug. 8, 2019) 8-26.04 Review of the Waste Management Plan.
(a) Approval. Notwithstanding any other provision of this Code, no building or demolition permit shall be issued for any covered project unless and until the WMP compliance official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP compliance official shall only approve a WMP if he or she first determines that all of the following conditions have been met:
(1) That the WMP provides all of the information set forth in Section 8-26.03; and (2) That the WMP indicates diversion of:
(i) At least one hundred percent (100%) of the Portland cement concrete and asphalt concrete, and nonhazardous excavated soil and land-clearing debris;
(ii) Correct management of universal waste (commercial additions of one thousand (1,000) square feet or greater, or alterations with permit valuation of two hundred thousand dollars ($200,000.00) or greater); and
(iii) Sixty-five percent (65%) of all remaining construction and demolition debris, excluding alternative daily cover (ADC).

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 26 CONSTRUCTION AND DEMOLITION

WASTE REQUIREMENTS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

If the WMP compliance official determines that these conditions have been met, he or she shall mark the WMP “approved,” return a copy of the WMP to the applicant, and notify the Building Division that the WMP has been approved.
(b) Nonapproval. If the WMP compliance official determines that the WMP is incomplete or fails to indicate that one hundred percent (100%) of all Portland cement concrete and asphalt concrete and at least sixty-five percent (65%) of all remaining construction and demolition debris generated by the project will be reused or recycled (excluding ADC), he or she shall either:
(1) Return the WMP to the applicant marked “denied” or “rejected” including a statement of reasons, and so notify the Building Division which shall then immediately stop processing the building or demolition permit application; or
(2) Return the WMP to the applicant requiring further explanation. (Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)
8-26.05 Compliance with the Waste Management Plan.
(a) Documentation. Within thirty (30) days after the completion of any covered project, the applicant shall submit to the WMP compliance official documentation that it has met the diversion requirement for the project. The diversion requirement shall be that the applicant has diverted one hundred percent (100%) of all Portland cement concrete and asphalt concrete, nonhazardous excavated soil and land-clearing debris, correct management of universal waste (commercial projects one thousand (1,000) square feet or greater), and at least sixty-five percent (65%) of the total construction and demolition debris generated by the project via reuse or recycling, excluding ADC, unless the applicant has been granted an infeasibility exemption pursuant to Section 8-26.06, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project. This documentation shall include all of the following:
(1) Weight tickets from each vendor or facility which collected or received each material showing the actual weight or volume of that material;
(2) A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; and
(3) Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.
(b) Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the City for this purpose. (c) Determination of Compliance. The WMP compliance official shall review the information submitted under subsection (a) of this section and determine whether the applicant has complied with the diversion requirement, as follows:
(1) Full Compliance. If the WMP compliance official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall inform the applicant. (2) Good Faith Effort to Comply. If the WMP compliance official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this chapter. In making this determination, the WMP compliance official shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 26 CONSTRUCTION AND DEMOLITION

WASTE REQUIREMENTS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (3) Noncompliance. If the WMP compliance official determines that the applicant has not made a good faith effort to comply with this chapter, or if the applicant fails to submit the documentation required by subsection (a) of this section within the required time period, the applicant will be considered to be in noncompliance with and in violation of this chapter.
(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)
8-26.06 Exemption for Infeasibility.
(a) Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 8-26.03. The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement. (b) Meeting with WMP Compliance Official. The WMP compliance official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Upon request, the WMP compliance official may request that staff from the Alameda County Waste Management Authority attend this meeting or may require the applicant to request a separate meeting with Alameda County Waste Management Authority staff. Based on the information supplied by the applicant and, if applicable, Alameda County Waste Management Authority staff, the WMP compliance official shall determine whether it is possible for the applicant to meet the diversion requirement. (c) Granting of Exemption. If the WMP compliance official determines that it is infeasible for the applicant of a covered project to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP compliance official shall return a copy of the WMP to the applicant marked “approved for infeasible exemption” and shall notify the Building Department that the WMP has been approved. (d) Denial of Exemption. If the WMP compliance official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty (30) days to resubmit a WMP form in full compliance with Section 8-26.03. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8-26.03, the WMP compliance official shall deny the WMP in accordance with Section 8-26.04 or 8-26.05.
(Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)
8-26.07 Appeal.
(a) Any applicant or person may appeal to the City Manager the determination of the compliance official regarding (1) the granting or denial of an exemption pursuant to Section 8-26.06, or (2) compliance with the provisions of Section 8-26.04 or 8-26.05.
(b) Any appeal to the City Manager must be filed in writing with the City Clerk within ten (10) calendar days of the determination by the compliance official. The appeal shall state with reasonable particularity and specificity the alleged error or basis for appeal and be supplemented with all supporting documentation the appellant desires the City Manager to consider. The City Manager may request additional written or oral information from the applicant or the compliance official. The City Manager shall issue a written determination within thirty (30) calendar days after receipt of the appeal. The City Manager’s determination shall be final. (Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)
8-26.08 Enforcement.

Violation of any provision of this chapter due to the applicant’s failure to dispose of construction, demolition, or alteration debris or materials in accordance with the approved diversion requirement, including the “approved” WMP and conditions of approval of the applicable land use permit, shall be subject to administrative citation for each separate violation as provided in Chapter 7 of Title 1. (Sec. 2 (part), Ord. 17-011, eff. Nov. 2, 2017)
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-1.301 Related Municipal Code Provisions.

In addition to the provisions of this title, the following planning-related matters are addressed elsewhere in the Emeryville Municipal Code as indicated below. This list is provided for convenience, is not intended to be regulatory, and might not be comprehensive, complete, or up-to-date.

Advertising: Chapter 2 of Title 5
Air Pollution: Chapter 3 of Title 5
Ambulance Service: Chapter 12 of Title 4
Animals and Fowl: Chapter 1 of Title 6
Bingo Games: Chapter 21 of Title 5
Building Regulations: Title 8
Business Licenses: Chapter 1 of Title 3
Cabarets and Dance Halls: Chapter 4 of Title 5
Card Rooms: Chapter 5 of Title 5
Community Events: Chapter 23 of Title 5
Curbs and Driveways: Chapter 3 of Title 7
Dance Halls: Chapter 4 of Title 5
Driveways: Chapter 3 of Title 7
Farmers’ Markets: Chapter 35 of Title 5
Firearms Dealers: Chapter 30 of Title 5
Firearms and Other Weapons: Chapter 20 of Title 5
Food Establishments: Chapter 3 of Title 6
Food Service Waste Reduction: Chapter 14 of Title 6
Gaming: see Card Rooms
Grading: Chapter 5 of Title 7
Hotels, Motels, and Lodging Houses: Chapter 25 of Title 5 Laundries: Chapter 5 of Title 6
Limousines: Chapter 8 of Title 4
Litter and Refuse: Chapters 2 and 10 of Title 6
Live Aboard Boats: Section 10-1.17
Live Music: see Cabarets and Dance Halls
Marina: Chapter 1 of Title 10
Massage Establishments: Chapter 11 of Title 5
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Medical Marijuana Dispensaries: Prohibited pursuant to Chapter 28 of Title 5 Mobile Food Vendors (“Sidewalk and Street Vendors”): Chapter 27 of Title 5 and Chapter 3 of Title 6 Mobile Nonfood Vendors (“Peddlers and Solicitors”): Chapter 27 of Title 5 Motels: Chapter 25 of Title 5
Motor Vehicles, Abandoned: Chapter 1 of Title 5
Motor Vehicles, Maintenance on Public Streets: Chapter 19 of Title 5 Motor Vehicles, Parked in Required Yards: Chapter 11 of Title 6 Newsracks: Chapter 33 of Title 5
Noise: Chapter 13 of Title 5
Parking in Required Yards: Chapter 11 of Title 6
Parking, On-Street Parking and Vehicular Traffic: Chapter 9 of Title 4 Parking, Restrictions on Off-Street Parking in the Vicinity of Powell Street and Christie Avenue: Chapter 12 of Title 6 Parks: Chapter 24 of Title 5
Patrol Services: Chapter 15 of Title 5
Peddlers (“Sidewalk and Street Vendors”): Chapter 27 of Title 5 Poolrooms: Chapter 18 of Title 5
Property Maintenance: Chapters 2 and 11 of Title 6
Recreational Vehicles: Chapter 10 of Title 4
Recycling: Chapter 4 of Title 6
Refuse: Chapters 2 and 10 of Title 6
Sewers: Chapter 8 of Title 7
Sidewalk and Street Vendors: Chapter 27 of Title 5
Sidewalks, Curbs and Driveways: Chapter 3 of Title 7 (see also Streets) Signs Adjacent to Landscaped Freeways: Chapter 15 of Title 8 Signs on Public Sidewalks: Chapter 34 of Title 5
Signs for Farmers’ Markets: Chapter 35 of Title 5
Smoking: Chapter 29 of Title 5
Solicitors (“Sidewalk and Street Vendors”): Chapter 27 of Title 5 Solid Waste: Chapter 4 of Title 6
Stormwater Management: Chapter 13 of Title 6
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The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

Street Trees: see Trees
Street Vendors: Chapter 27 of Title 5
Streets and Sidewalks, Maintenance and Damage: Chapter 19 of Title 5 and Chapter 10 of Title 6 Streets and Sidewalks, Obstructions: Chapter 14 of Title 5 Streets, Excavation and Encroachments: Chapter 2 of Title 7 Streets, Public Improvements: Chapter 6 of Title 7
Taxicabs and Limousines: Chapter 8 of Title 4
Tidelands: Chapter 2 of Title 10
Tobacco Shops: Section 5-29.10
Trash: see Solid Waste
Trees: Street Trees and Other Trees on City Property: Chapter 10 of Title 7 Utility Undergrounding: Chapter 4 of Title 7
Vehicles, Abandoned: Chapter 1 of Title 5
Vehicles, Maintenance on Public Streets: Chapter 19 of Title 5 Vehicles, Parked in Required Yards: Chapter 11 of Title 6 Vending Machines (Food): Chapter 3 of Title 6
Vendors, Mobile: Chapter 27 of Title 5 and Chapter 3 of Title 6 Vessel Habitation: Section 10-1.17
Weapons: Chapter 20 of Title 5
Weeds: Chapter 10 of Title 6
Wells: Chapter 9 of Title 6
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Secs. 3, 4 (part), Ord. 16-008, eff. Jan. 1, 2017)
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The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 9-5.416 Enforcement.
(a) The provisions of this article shall apply to all agents, successors, and assignees of an applicant for development of the site. No building permit or occupancy permit shall be issued, nor any development approval granted, which does not meet the requirements of this article.
(b) In addition to, or in lieu of, the provisions of subsection (a) of this section, the City shall institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this article. (c) Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this article, shall be subject to administrative citation, as set forth in Chapter 7 of Title 1 of the Emeryville Municipal Code.
(Formerly 9-5.412. Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Sec. 3 (part), Ord. 14-009, eff. Aug. 14, 2014)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code Page 1/1
The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 9-7.1502 Penalties.

It shall be a violation of the Emeryville Municipal Code for any person to violate any provision or to fail to comply with any requirement of this title. Any person violating any provision of this title shall be punishable as set forth in Chapter 7 of Title 1.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. RULES AND REGULATIONS FOR THE
EMERYVILLE MARINA*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 1.

RULES AND REGULATIONS FOR THE EMERYVILLE MARINA*
* Editor’s Note: Former Chapter 1, “Rules and Regulations,” was amended in its entirety by Ord. 98-007. Ord. 80-03, as amended by Ords. 83-013, 85-021 and 90-3, was formerly codified in this chapter.

The title of this chapter was amended by Section 2 of Ord. 99-011.

Sections:
10-1.01 General Requirements
10-1.02 Definitions
10-1.03 City Engineer
10-1.04 Fire Chief
10-1.05 Chief of Police
10-1.06 Unseaworthy Vessels
10-1.07 Vessels: Registration, Numbering, and Pertinent Information 10-1.08 Vessels: Accidents: Reports
10-1.09 Access to Marina and Vessels
10-1.10 Disposal of Refuse
10-1.11 Hazardous Obstructions Prohibited: Boarding Platforms 10-1.12 Maintenance of Facilities
10-1.13 Unnecessary Noise
10-1.14 Vessel Traffic
10-1.15 Safety
10-1.16 Swimming
10-1.17 Vessel Habitation
10-1.18 Sanitary Facilities
10-1.19 Children: Restrictions
10-1.20 Damages to Property
10-1.21 Commercial Activities, Solicitations, and Advertising 10-1.22 Violations: Penalties
10-1.01 General Requirements.

Every vessel entering the Marina shall immediately become subject to the laws and regulations of this chapter. The manner in which any vessel shall be berthed, anchored, moored, or stored shall be subject to the regulations contained in this chapter.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.02 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Emeryville Marina” or “Marina” shall mean the area within the City for which marina development has or may be authorized.
(b) “City” shall mean the City of Emeryville, a municipal corporation. (c) “Chief of Police” shall mean the Chief of Police of the City. (d) “Fire Chief” shall mean the Chief of the Fire Department of the City. (e) “City Engineer” shall mean the City Engineer of the City. (f) “Operator” shall mean any person or entity charged with operating facilities in the Marina.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. RULES AND REGULATIONS FOR THE
EMERYVILLE MARINA*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (g) “Vessel” shall mean and include every description of watercraft used or capable of being used as a means of transportation on the water, except the following:
(1) A sea plane on the water, or
(2) A watercraft specifically designed to operate on a permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached, or by which the watercraft is controlled, or by means of a mechanical device attached to the watercraft itself. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.03 City Engineer.

The City Engineer shall have jurisdiction over the construction, major repair, and engineering design of all improvements in the Marina.

No wharf, pier, landing, bulkhead, or any other structure may be built, nor existing structure altered, for the purpose of berthing, anchoring, or mooring vessels, or for any other purpose, without permission first having been secured in writing from the City Engineer.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.04 Fire Chief.

The Fire Chief shall have the responsibility of enforcing the current Uniform Fire Code and authorizing repairs to all vessels involving welding or open flame devices within the Marina. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.05 Chief of Police.

The Chief of Police shall have jurisdiction over the parking of vehicles, the protection of public improvements and the safety and movement of vessels within the Marina.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.06 Unseaworthy Vessels.

No person shall bring into, moor, or berth within the Marina any vessel of any kind whatsoever which is so unseaworthy or in such a badly deteriorated condition that it is liable to sink or damage docks, floats, or other vessels or which may become a menace to navigation, except in cases of extreme emergency, in which case the owner will be liable for any damage caused by such vessel. In the event a vessel or other craft is wrecked or sunk within the Marina, it shall be the owner’s responsibility to mark its position and provide for the raising and disposition of such vessel or craft and assume all liability for damage to property or other vessels in the Marina. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.07 Vessels: Registration, Numbering, and Pertinent Information.

Every vessel entering the Marina shall either be documented with the United States Coast Guard or registered and numbered as provided by the laws of the State of California. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.08 Vessels: Accidents: Reports.

An original copy of any report of any accident occurring in the Marina involving one or more vessels shall be filed with the Chief of Police twenty-four (24) hours after such accident. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998) 10-1.09 Access to Marina and Vessels.

Access to vessels, floats, and gangways shall be restricted to owners of vessels, their authorized guests, authorized City personnel, and those receiving special permission from an operator.

Gates to berthing areas shall be locked at all times. Blocking open or climbing over gates is prohibited.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. RULES AND REGULATIONS FOR THE
EMERYVILLE MARINA*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.10 Disposal of Refuse.
(a) No person shall throw, discharge, or deposit from any vessel or from the shore or wharf or otherwise any refuse matter of any kind whatsoever into or upon the waters of the Marina or in, on, or upon the banks, walls, sidewalks, or beaches of any waters within the boundaries of the Marina area or where such refuse matter may be liable to be washed into the Marina waters either by ordinary or high tides or by storms, floods, or otherwise. (b) No person shall dump or discharge oil, spirits, inflammable liquid, or contaminated bilge water into the Marina.
(c) Notwithstanding the provisions of this section, fish cleaning refuse may be discharged from official fish cleaning stations provided by the City.
(d) All unrefrigerated fish shall be disposed of within twenty-four (24) hours after the time of entering the Marina.
(e) All garbage shall be deposited in receptacles furnished by the City for such purpose. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.11 Hazardous Obstructions Prohibited: Boarding Platforms. (a) Piers, gangplanks, and floats shall be kept clear at all times of debris or miscellaneous gear which might constitute a hazardous obstruction.
(b) Boarding platforms, ladders, or gangways on floats shall not be over eighteen inches (18") in width and thirty-six inches (36") in length, shall be light-weight construction, and shall be positioned so as to minimize interference with other float usage.
(c) Where a platform is used as a locker, stored materials shall not exceed a total of fifty (50) pounds in weight and shall be totally contained within the confines of the platform. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.12 Maintenance of Facilities.
(a) Minor repairs to and the maintenance of a vessel, may be made or accomplished while such vessel is at its berth provided such work is done on or within the confines of the vessel itself and does not interfere with the use of floats, gangways, or docks. No material used in such repair or maintenance work may be stored or held overnight upon Marina floats, gangways, or docks.
(b) Repair and maintenance work which is not done within the confines of the vessel itself as required by subsection (a) of this section shall be accomplished only in an area designated and permitted for such purpose. (c) No person shall use welding equipment, or burning torches, or any other open flame maintenance apparatus without written permission from the Fire Chief.
(d) No person shall spray paint a vessel while such vessel is at its berth. (e) Vessels taking-on excessive quantities of water through the hull or hull fittings, such that abnormal bilge pumping is required, shall be repaired and/or removed from the Marina. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.13 Unnecessary Noise.
(a) All boat motors shall be equipped with approved mufflers. (b) The owner of a vessel shall be responsible for his crew, and unnecessary noise above the ambient level of the Marina, including loud talking and playing of musical instruments, shall be prohibited from 10:00 p.m. to 7:00 a.m.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. RULES AND REGULATIONS FOR THE
EMERYVILLE MARINA*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

Continued violations of the provisions of this subsection shall be cause for the removal of the vessel from the Marina.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.14 Vessel Traffic.

All vessels approaching or within the Marina shall be operated in a safe and prudent manner, and in no event shall the entrance to the Marina be blocked by general boating activities or fishing.

The speed of any vessel within the Marina shall not exceed five (5) miles per hour, provided, however, such speed may be exceeded under emergency conditions. The boater shall be responsible for his own wake.

The berthing area of the Marina shall not be used for the movement of any vessel except for the purpose of entering or leaving a berth and the necessary maneuvering in connection therewith. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.15 Safety.
(a) No person shall commit unsafe acts nor utilize unsafe procedures within the Marina. (b) Bicycles, skateboards, or similar vehicles shall not be ridden on any dock or float in the Marina. (c) During fueling, all sources of ignition shall be extinguished, and standard United States Coast Guard safety procedures shall be observed.
(d) Unleashed dogs and pets shall not be permitted on Marina property, except when on board an owner’s vessel.

Animals shall be on a leash not to exceed six feet (6’) in length. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.16 Swimming.

It shall be unlawful for any person to swim, bathe, or wade in any portion of the Marina, except those areas marked for such activities; provided, however, this section shall not prevent an owner or his agent from working on his vessel underwater.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.17 Vessel Habitation.

With the prior written consent and permission of an operator and in accordance with permits, rules, and regulations issued by the Bay Area Conservation and Development Commission, persons may live on or in their vessel while docked in the Marina.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.18 Sanitary Facilities.
(a) It shall be unlawful to discharge sewage into the Marina. The dumping of any solid or liquid waste into or onto the Marina area shall be cause for the immediate cancellation of the right of facility use or berth occupancy and shall be reported to all appropriate authorities.
(b) Any vessel, if equipped with a marine toilet (head), shall contain an adequate holding tank, incinerator, recirculation device, or other equivalent device, approved by or on behalf of the Environmental Protection Agency and/or United States Coast Guard, which will receive and retain sewage from the boat’s head to preclude the discharge of sewage or chemicals into the water of the Marina, or have the marina toilet rendered inoperable while any such boat is moored in the Marina.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. RULES AND REGULATIONS FOR THE
EMERYVILLE MARINA*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 10-1.19 Children: Restrictions.

It shall be unlawful for any child under the age of thirteen (13) years to go, remain, or be upon any of the wharves, gangways, floats, and vessels in the Marina, unless such child is supervised by his parent, or parents, or other responsible adult person. Any person who cannot swim shall wear United States Coast Guard approved personal flotation devices (PFD) when in the Marina.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.20 Damages to Property.
(a) No person shall willfully injure, break, remove, or tamper with any part of any vessel in the Marina, nor shall any person climb into or upon any vessel without the consent of the owner, unless in the performance of official duties or to protect life and/or property.
(b) The owner of a vessel assumes all liability for loss to his or her property of any kind while it is within the limits of the boundaries of the Marina.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.21 Commercial Activities, Solicitations, and Advertising. (a) The conduct of commercial business activities of any kind in the Marina shall be prohibited unless authorized by a use permit, if required, and City business license. (b) Unauthorized solicitation of patronage in the Marina shall be prohibited. (c) No person shall row, propel, pilot, or maintain any vessel or float in the Marina for the purpose of unauthorized advertising.
(d) No unauthorized sign advertising the commercial use of a vessel shall be displayed on any vessel, float, dock, or other structure in the Marina.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
10-1.22 Violations: Penalties.
.Each violation of this chapter may be prosecuted as an infraction, as provided in Section 1-2.01 of Chapter 2 of Title 1 of this Code.

All penalties called for by permits, rules, or regulations issued by the Bay Area Conservation and Development Commission shall be applied.
(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871

ATTACHMENT B
1 EMERYVILLE MUNICIPAL CODE (EMC) CRIMINAL PENALTY CHART Code Enforcement Tool Legend
* = Chapter does not call for permit or license issuance, but another permit may be withheld to enforce regulation.

Notes:

1. Under EMC § 1-2.01(b), after the third conviction for an infraction, any repeat violation within one (1) year may be charged as a misdemeanor.

2. If a Chapter of the EMC is not listed below, then it is not subject to a criminal penalty.

EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
3 1 Business Taxes Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.

3.503 Utility Users Tax –
Disqualification from
Exemption
Misdemeanor No Eliminate criminal
penalty
Agree with staff
recommendation.
7 Permits and Licenses Misdemeanor Yes Eliminate criminal penalty
Agree with staff
recommendation.
4 1 Bicycles Infraction Yes Refer to
committee
Refer to Transportation
Committee
2 Emergency Plans Misdemeanor No Maintain
misdemeanor
penalty; make
subject to
infraction penalty
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
2 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
4 Fallout and Blast
Shelters
Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.
5 Fire Code Infraction Yes Maintain infraction
penalty
Refer to the Public Safety
Committee.
6 Fireworks Infraction No Maintain infraction
penalty
Refer to the Public Safety
Committee.

7.09 and

7.10 Repealed Misdemeanor Not
applicable.

Not Applicable
8 Vehicles for Hire Infraction Yes Maintain infraction
penalty
Refer to Transportation
Committee.
10 Parking Meters Infraction No Enforcement
Pursuant to
Vehicle Code
11 Electric Personal
Assistive Mobility
Devices
Misdemeanor
and
Infraction
No Eliminate
misdemeanor
penalty; maintain
infraction penalty
Refer to Transportation
Committee.
12 Emergency Medical
Services
Misdemeanor
and
Infraction
No Eliminate criminal
penalty
Agree with staff
recommendation.
5 1 Abandoned Vehicles Infraction No Eliminate criminal penalty
Agree with staff
recommendation.
2 Advertising Infraction No Eliminate criminal
penalty; may
require
Refer to City Council
study session.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
3 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
substantive
revisions
3 Air Pollution Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
4 Cabarets and
Dances
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
5 Card Rooms Misdemeanor Yes Maintain
misdemeanor
penalty; and also
make subject to
infraction penalty
Refer to City Council
study session.
6 Criminal Records:

Security
Misdemeanor No Repeal Agree with staff
recommendation.
7 Fortunetelling Infraction No Repeal Agree with staff
recommendation.
8 Gas, Water and
Electric Meters
Misdemeanor No Reduce to
infraction penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
9 (except
.03)
Intoxication Infraction No Maintain infraction
penalty
Refer to Public Safety
Committee; City Council
interested in alternatives.

9.03 Consumption of
Alcoholic Beverages
on Public Streets or
Misdemeanor No Reduce to
infraction penalty
Refer to Public Safety
Committee; City Council
interested in alternatives.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
4 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
on Private Property
Adjacent Thereto
11 Massage
Establishments
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
12 Minors Misdemeanor No Repeal Agree with staff
recommendation.
13 Noise Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
14 (except
.05)
Obstructions to
Streets and
Sidewalks
Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.

14.05 Interfering with Free
Ingress or Egress –
Willful and Malicious
Obstruction of Public
Rights-of-Way
Misdemeanor No Reduce to
infraction penalty
Refer to Public Safety
Committee.
15 Patrol Services Infraction Yes Repeal Agree with staff recommendation.
16 (except
.220
and
.221)
Pawnbrokers,
Secondhand Jewelry
Dealers and Auction
Sales
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
5 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
16-

2.220
and 16-

2.221
Auction Sales: False
Representations:

Substitution of
Merchandise and
Auction Sales: Criers
Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.

17.06 False Alarms;
Prohibitions and
Penalties
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
18 Poolrooms Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
19 Streets and
Sidewalks
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
20 Weapons Misdemeanor
and
Infraction
No Maintain
misdemeanor and
infraction penalties
Refer to Public Safety
committee.
21 (except
5-21.12)
Bingo Games Infraction Yes Maintain infraction
penalty
Refer to Public Safety
Committee; CC interested
if necessary in light of
state law.

21.12 Bingo Games,
Profits: Separate
Accounts: Records:

Violations: Penalties
Misdemeanor Yes Maintain
misdemeanor
penalty
Refer to Public Safety
Committee; CC interested
if necessary in light of
state law.
23 Community Events Infraction Yes Maintain infraction
penalty
Refer to Public Safety
Committee.
24 Parks Infraction No Maintain infraction
penalty
Refer to Public Safety
Committee.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
6 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
25 Hotels, Motels and
Lodging Houses
Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.
27 Sidewalk and Street
Vendors
Infraction Yes Maintain infraction
penalty; may
require
substantive
revisions
Refer to Public Safety
Committee.
28 Cannabis Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.
29 Smoking Pollution
Control
Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
30 Regulation of
Firearms Dealers
Misdemeanor
and
Infraction
Yes Maintain
misdemeanor and
infraction penalties
Refer to separate item for
City Council to consider
with direction to repeal
and replace with prohibit
firearms dealers.
34 Signs on Public
Sidewalks
Infraction Yes Maintain infraction
penalty
Refer to Transportation
Committee.
35 Certified Farmers’
Markets
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
36 Irrigation Water
Waste Prohibition
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
38 Skateboard Facilities Infraction No Maintain infraction penalty
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
7 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
6 1.1.07 Keeping of Vicious
Animals within the
City Prohibited
Misdemeanor Yes Maintain
misdemeanor
penalty
Refer to Public Safety
Committee.
1, Art. 5 Pigeons Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.

2.02,

2.03 Littering and
Accumulations Public
Places, Parks and
Schools
Misdemeanor No Reduce to
infraction penalty
Agree with staff
recommendation.
2 (except
.02 and
.03)
Dangerous and
Insanitary Conditions
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
3 Food Establishments Infraction Yes Eliminate criminal penalty
Agree with staff
recommendation.
4 Collection of Solid
Waste and
Recyclables
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
5 Laundries Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
6 Obstructions to
Watercourses
Infraction Yes Maintain infraction
penalty
Agree with staff
recommendation..
7 Rodent Harborage Misdemeanor No Eliminate criminal
penalty
Agree with staff
recommendation.
9 Water Wells Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
8 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
10 Weed and Refuse
Abatement
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
11 Property
Maintenance
Misdemeanor
and
Infraction
No Eliminate criminal
penalty
Agree with staff
recommendation.
12 Operation and
Maintenance of OffStreet Parking
Facilities
Misdemeanor
and
Infraction
No Eliminate criminal
penalty
Agree with staff
recommendation.
13 Stormwater
Treatment Design,
Management And
Discharge Control
Program
Misdemeanor
and
Infraction
Yes Maintain all
criminal penalties
Agree with staff
recommendation.
14 Food Service Waste
Reduction
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
7 1 Datum Plane Misdemeanor No Maintain
misdemeanor
penalty
Agree with staff
recommendation.
2 Excavations and
Encroachments in
the Public Right-ofWay
Infraction Yes Maintain infraction
penalty
Agree with staff
recommendation.
3 Sidewalks, Curbs
and Driveways
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
4 Underground Utility
Facilities
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
9 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction

5.13 False Statements
and Data
Misdemeanor Yes Maintain
misdemeanor
penalty
Refer to Public Safety
Committee.
6 Required Installations
of Public
Improvements
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
7 Standard
Specifications for
Public Works
Construction
Misdemeanor
and
Infraction
Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
8 Wastewater
Collection System
Misdemeanor
and
Infraction
Yes Maintain all
criminal penalties
Agree with staff
recommendation.
10 Urban Forestry
Ordinance
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
8 1 Building Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
2 Historical Building
Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
3 Existing Building
Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
10 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
4 Residential Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
5 Mechanical Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
7 Electrical Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
8 Green Building
Standards Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
9 Property
Maintenance Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
11 Dangerous Buildings
Code
Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
15 Signs Adjacent to
Landscaped
Freeways
Misdemeanor Yes Eliminate criminal
penalty; may
require
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
11 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
substantive
revisions
18 Seismic Hazard
Identification and
Mitigation Program
for Unreinforced
Masonry Buildings
Misdemeanor No Eliminate criminal
penalty
Agree with staff
recommendation.
19 Regulations for the
Conversion of
Commercial/Industrial
Buildings to
Live/Work
Occupancies
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.

20.02,

20.03,

20.04,

20.05,

20.06,

20.07,

20.08,

20.09,

20.10 Chapter 20 is
Building Permit Fees
for the Installation of
Photovoltaic Solar
Panels .04-.10 have
been repealed
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
21 Floodplain
Management
Misdemeanor Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
21 (except
Floodplain
Management
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 ATTACHMENT 1
12 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
.04 and
.05)

26.02,

26.03,

26.04 and

26.05 Construction and
Demolition Waste
Requirements
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
9 Entire Planning Regulations Misdemeanor
and
Infraction
Yes Eliminate criminal
penalty
Agree with staff
recommendation.
10 1
(except
.22 and
.23)
Rules and
Regulations for the
Emeryville Marina
Misdemeanor No Reduce to
infraction penalty
Agree with staff
recommendation.

1.22 and

1.23 Violations and
Penalties and 1.23
does not exist
Infraction Not
applicable
Not applicable
2 Activities in the
Tidelands within the
City of Emeryville
Infraction No Maintain infraction
penalty
Agree with staff
recommendation.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

TITLE 3 – FINANCE

EMC CODE

CHAPTER/

SECTION

SUBJECT CITY COUNCIL

RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT* NOTES
EMC 3-1 Business Taxes Eliminate infrac�on
penalty
EMC 3-1.101 (“Business Tax”) – Replace “unlawful”
with “a viola�on of the Emeryville Municipal Code.”
EMC 3-1.112 (“Declara�on -Confiden�al Documents”)
– Replace “deemed guilty of an infrac�on and such
viola�on shall be a cause for discharge” to “deemed a
cause of discipline, up to and including termina�on.”
EMC 3-1.125 (“Certain Enumerated Businesses”) –
Remove “Auc�oneer. Sale or auc�on of any real or
personal property; one hundred ten dollars ($110.00)
per day, or one thousand three hundred twenty
dollars ($1,320.00) per quarter, unless excep�on is
claimed pursuant to California Business and
Professions Code Sec�on 5714(c) or any successor
provision” and “Pawnbroker. One thousand three
hundred twenty dollars ($1,320.00) per quarter.”
EMC 3-1.138 (“Viola�ons, Infrac�ons”)- Remove
“infrac�on” from sec�on �tle.

Replace “guilty of an infrac�on” with “subject to
administra�ve cita�on, as provided in Chapter 7 of
Title 1 of this Code.”
Removed due to repealing
of Chapter 16 of Title 5
(“Pawnbrokers,
Secondhand Jewelry
Dealers and Auc�on Sales”)
EMC 3-3.503 U�lity Taxes Eliminate
misdemeanor
penalty
EMC 3-3.503(c)(9) (“Cons�tu�onal, Statutory, and
Other Exemp�ons; (c) Residen�al Exemp�on; (9) Duty
to Disclose Disqualifica�on”) – Replace
“misdemeanor” with “a viola�on of the Emeryville
Municipal Code, subject to administra�ve cita�on
under Chapter 7 of Title 1 of this Code”
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

EMC 3-7 Permits and
Licenses
Eliminate
misdemeanor
penalty
EMC 3-7.12 (“Penal�es”) – Remove “willfully” and
replace “guilty of misdemeanor” with “to be subject
to administra�ve cita�on under Chapter 7 of Title 1
of this Code.”
TITLE 4 – PUBLIC SAFETY

EMC CODE

CHAPTER/

SECTION

SUBJECT CITY COUNCIL

RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT* NOTES
EMC 4-2 Emergency
Plans
Maintain
misdemeanor
penalty; make
subject to infrac�on
penalty
EMC 4-2.11 (“Punishment of Viola�ons”) - Change
�tle to “Viola�ons; Infrac�on and Misdemeanor”;
Replace intro clause with the following: “It shall be
an infrac�on, misdemeanor, punishable by a fine of
not to exceed one thousand dollars ($1,000), or by
imprisonment for not to exceed six (6) months, or
both, with a first convic�on by a fine of not more
than one hundred dollars ($100.00), for a second
convic�on within a period of one (1) year by a fine
of not more than two hundred dollars ($200.00), and
for a third or any subsequent convic�on within a
period of one (1) year by a fine of not more than
four hundred dollars ($400.00), a�er the third
convic�on, any repeat viola�on within one (1) year
may be charged as a misdemeanor, for any person,
during an emergency, to: . . .”
EMC 4-4 Fallout and Blast
Shelters
Eliminate
misdemeanor
penalty
No code revision necessary Misdemeanor penalty was
removed when penalty
provisions in Chapter 2 of
Title 1 were amended at
12-12-2022 CC mee�ng.

EMC 4-12 Emergency
Medical Services
Eliminate
misdemeanor and
infrac�on penalty
EMC 4-12.04 (“Penalty for Viola�ons”) – Replace
“punishable as misdemeanor/infrac�on” with
“subject to administra�ve cita�on, as set forth in
Chapter 7 of Title 1 of this Code.”
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

TITLE 5 – PUBLIC WELFARE

EMC CODE

CHAPTER/

SECTION

SUBJECT CITY COUNCIL

RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT* NOTES
EMC 5-1 Abandoned
Vehicles
Eliminate infrac�on
penalty
EMC 5.1.14 (“Viola�ons: Abandonment”) and EMC 5-

1.15 (Viola�ons: Failure to Remove or Abate”) -
Replace “unlawful” language with “viola�on of the
Emeryville Municipal Code.”
EMC 5-3 Air Pollu�on Eliminate infrac�on
penalty
EMC 5.3.02 (“Emissions: Smoke: Limita�ons”)-
Replace “unlawful” with “viola�on of the Emeryville
Municipal Code.”
EMC 5-3.09 (“Viola�ons: Responsibility”) – Replace
“punishable as set forth in Chapter 2 of Title 1 of this Code” with “subject to administra�ve cita�on, as
provided in Chapter 7 of Title 1 of this Code.”
EMC 5-11 Massage
Establishments
Eliminate infrac�on
penalty
Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code” in the following EMC
Sec�ons:

EMC 5-11.02 (“Cer�fica�on by California Massage
Therapy Council Required for Prac��oners”);
EMC 5-11.04 (a) and (b) (“Opera�on of Massage
Establishment – Cer�fied Massage Establishment
Cer�ficate or Operator’s Permit Required”);
EMC 5-11.11 (b) (“Grounds for Revoca�on or
Suspension of Operator’s Permit or Cer�fied Massage
Establishment Cer�ficate”)
EMC 5-11.14 (“Viola�ons a Public Nuisance –
Penal�es, Nuisance Abatement, and Other
Remedies”) - Replace “unlawful” with “viola�on of
the Emeryville Municipal Code”; remove "in addi�on
to or in lieu of prosecu�ng a criminal ac�on
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold. hereunder”, and add “Chapter 7 of Title 1 of this
Code” to available remedies.

EMC 5-16 Pawnbrokers,
Secondhand
Jewelry Dealers
and Auc�on
Sales
Eliminate infrac�on
penalty and eliminate
misdemeanor
penalty for EMC
Sec�ons 16-2.220
and 16-2.221)
Repeal Chapter in its En�rety Staff determined that
permi�ng and regula�ons
of pawnbrokers,
secondhand jewelry
dealers and auc�on sales
are no longer enforced
EMC 5-

16.220 and
.2221
Auc�on Sales:

False
Representa�ons
: Subs�tu�on of
Merchandise
and Auc�on
Sales: Criers
Eliminate
misdemeanor
penalty
See above modifica�on/amendments to EMC 5-16)
EMC 5-17 Alarm Systems Eliminate infrac�on
penalty
EMC 5-17.02 (a) and (b) (“Alarm System
Requirements” and EMC 5-17.03 (“Alarm System
Permit Required”) – Replace “unlawful” with “a
viola�on of the Emeryville Municipal Code.”
EMC 5-17.06 (“False Alarms: Prohibi�on and
Penal�es”) – Replace “Penal�es” for “Fines” in
sec�on �tle; Replace “unlawful” with “a viola�on of
the Emeryville Municipal Code” in 5-17.06(a)( and
(b);
EMC 5-17.06(c)(3) - Replace “infrac�on” with “fine”
EMC 5-18 Poolrooms Eliminate infrac�on
remedy
EMC 5-18.01 (“Hours of Opera�on”) – Replace
“unlawful” with “a viola�on of the Emeryville
Municipal Code, subject to administra�ve cita�on
under Chapter 7 of Title 1 of this Code.”
EMC 5-19 Streets and
Sidewalks
Eliminate infrac�on
remedy
Replace “unlawful” to “a viola�on of the Emeryville
Municipal Code, subject to administra�ve cita�on
under Chapter 7 of Title 1 of this Code” to following
EMC sec�ons:

EMC 5-19.08(b) Repair of
Railroad Spurs Within City
Streets – lists penal�es for
RR owners of up to $1,000
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

EMC 5-19.01 (“Cu�ng and Destruc�on: Permits
Required”);
EMC 5-19.02 (“Burning: Permits Required”);
EMC 5-19.04 (“Maintenance of Vehicles”);
EMC 5-19.05 (“Use of Mortar”);
EMC 5-19.06 (“Use of Concrete”);
EMC 5-19.07 (“Carrying Sand, Earth, and Rock”)
per spur for each 30 day
period that plans are not
submited in advance.

Check with City on whether
to add admin cita�on as
addi�onal penalty.

EMC 5-25 Hotels, Motels
and Lodging
Hotels
Eliminate
misdemeanor
penalty
EMC 5-25.01 (“Registra�on”) and EMC 5-25.05 (“False
Informa�on”) - Replace “unlawful” to “a viola�on of
Emeryville Municipal Code.”
EMC 5-25.07 (“Viola�ons”) – Replace “a
misdemeanor as specified in Title 1, Chapter 2,
Sec�on 1.2.01” with “a viola�on of the Emeryville
Municipal Code, subject to administra�ve cita�on
under Chapter 7 of Title 1.”
EMC 5-28 Cannabis Eliminate
misdemeanor
penalty
EMC 5-28.13(a) (“Penal�es”) – Replace “punishable
as misdemeanors” with “subject to administra�ve
cita�on under Chapter 7 of Title 1 of this Code.”
Replace “offense” with “viola�on.”
EMC 5-35 Cer�fied
Farmers’
Markets
Eliminate infrac�on
penalty
EMC 5-35.02 (“Business Tax Cer�ficate”) and EMC 5-

35.04 (“Farmers’ Market Permit to Operate”) –
Replace “unlawful” with “a viola�on of Emeryville
Municipal Code.”

EMC 5-35.11 (“Penal�es”) – Replace “punishable as
an infrac�on as provided in Chapter 2 of Title 1” with
“subject to administra�ve cita�on under Chapter 7
of Title 1 of this Code.” Replace “a separate “offense” with “separate viola�on.”
EMC 5-36 Irriga�on Water
Waste
Prohibi�on
Eliminate infrac�on
penalty
EMC 5-36.06 (“Enforcement, No�ces of Viola�ons,
Administra�ve Hearing, Penal�es”) – in subsec�on (c)
– add “as set forth in Chapter 7 of Title 1 in this
Code.”
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

Remove Sec�on 5-36.06(e) “Anyone viola�ng or
failing to comply with any of the requirements of this
chapter will be guilty of an infrac�on pursuant to
Sec�on 1.2.01(f).”
Re-number remaining subsec�ons (f) and (g) to (e)
and (f).

TITLE 6 – SANITATION AND HEALTH

EMC CODE

CHAPTER/

SECTION

SUBJECT CITY COUNCIL

RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT* NOTES
EMC 6-1 Animals and
Fowl
Maintain
misdemeanor
penalty for EMC 6-

1.107 (“Keeping
Vicious Animals
Within the City
Prohibited”);
Remove infrac�on
penalty for failing to
register pigeons with
Chief (Chapter 1, Art.
5)
Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code” in the following EMC
Sec�ons:

EMC 6-1.105 (“Animal Hospitals: Permits: Required”);
EMC 6-1.111 (“Feeding Animals”);
EMC 6-1.112 (“Breeding Animals”);
EMC 6-1.113 (“Animals Running At Large”);
EMC 6-1.115 (“Sales of Novelty Animals and Fowl”);
EMC 6-1.117 (c) (“Public Nuisances (c) Private
Property”).

EMC 6-1.118 (“Viola�ons: Penal�es”) – Replace
“unlawful” with “a viola�on of the Emeryville
Municipal Code” and add “(I)n addi�on to any of the
penalty provisions set forth in this chapter, any
person viola�ng any provision of this chapter shall
be subject to administra�ve cita�on pursuant to
Chapter 7 of Title 1 of this Code."
No changes necessary to
Ar�cle 5 (“Pigeons”)
Sec�on 6-1.501 (“Banding
and Registra�on.”
Infrac�on penalty was
eliminated with revision of
penalty chart in Chapter 2
of Title 1 at 12-12-2022 CC
mee�ng.

EMC 6-2 Dangerous and
Insanitary
Condi�ons
Reduce penalty for
Litering and
Accumula�ons Public
Places (2.02 and
EMC 6-2.01 (“Expectora�ng”) Replace “unlawful”
with “a viola�on of the Emeryville Municipal Code,
subject to administra�ve cita�on as provided in
Chapter 7 of Title 1 of this Code.”
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

2.03) from
misdemeanor to
infrac�on
Remove infrac�on
penalty for
remainder of Chapter
EMC Sec�ons 6-2.02 (“Litering and Accumula�ons:

Public Places”) and
EMC 6-2.03 (“letering and Accumula�ons: Parks and
Schools”) -
Add “Infrac�on Penalty” to sec�on �tles; and add
“(I)n addi�on to any other penal�es or civil
remedies provided by this chapter, each viola�on of
this provision may be prosecuted as an infrac�on, as
provided in Sec�on 1-2.01 of Chapter 2 of Title 1 of
this Code.”
EMC 6-2.04 (“Accumula�ons: Private Premises”) –
Replace “unlawful” with “In addi�on to other
penal�es or civil remedies provided in this chapter,
it shall be a viola�on of the Emeryville Municipal
Code, subject to administra�ve cita�on under
Chapter 7 of Title 1 of this Code.”
EMC 6-3 Food
Establishments
Remove infrac�on
penalty
No code change necessary. Infrac�on was removed
from penalty chart in
Chapter 2 of Title 1 at 12-
12-2022 CC mee�ng.

EMC 6-4 Collec�on of
Solid Waste and
Recyclables
Remove infrac�on
penalty
Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code” add language that
viola�on is subject to admin cita�on in following
sec�ons:

EMC 6-4.04 (“Removal, Handling, and Disposal of
Municipal Solid Waste”).

EMC 6-4.10 (“Collec�on; Interference”).

EMC 6-4.16 (b) (“Ownership of Recyclable Materials”)
– Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code” and replace “infrac�on”
with “viola�on”).

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

EMC 6-4.17 (“Prohibi�on on Destruc�on of Source
Separated Recyclables”) – Replace “unlawful” with “a
viola�on of the Emeryville Municipal Code” and
replace “infrac�on” with “viola�on under this Code.”
EMC 6-4.19 (a) (“Penal�es”) – replace “guilty of an
infrac�on pursuant to Chapter 2” with “subject to
administra�ve cita�on pursuant to Chapter 7.”
EMC 6-5 Laundries Remove infrac�on
penalty
Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code, subject to administra�ve
cita�on under Chapter 7 of Title 1 of this Code” in
following sec�ons:

EMC 6-5.01 (“Compliance: Required”);
EMC 6-5.03 (a) and (b) (“Compliance: Cer�ficates:

Issuance);
EMC 6-5.06 (“Permits”).

EMC 6-7 Rodent
Harborage
Remove
misdemeanor
penalty
EMC 6-7.11 (“Rodentproofing: Removal”) – Replace
“unlawful” with “a viola�on of the Emeryville
Municipal Code, subject to administra�ve cita�on
under Chapter 7 of Title 1 of this Code.”
EMC 6-9 Water Wells Remove infrac�on
penalty
EMC 6-9.03 (“Penal�es”) – Replace “will be guilty of
an infrac�on pursuant to Sec�on 1.2.01(f)” with “It
shall be a viola�on of the Emeryville Municipal
Code, subject to administra�ve cita�on under
Chapter 7 of Title 1 of this Code for anyone to violate or fail” to comply.

EMC 6-10 Weed and
Refuse
Abatement
Remove infrac�on
penalty
EMC 6-10.02 (“Nuisances: Weeds”) and EMC 6-10.03
(“Nuisances: Refuse”) – Replace “unlawful” with “a
viola�on of the City of Emeryville Municipal Code”
EMC 6-10.06 (“Nuisances: Removal: Alterna�ves”) –
Add sentence to end of provision: “In addi�on to any
removal remedies provided by this chapter, a
viola�on of this chapter may also be subject to
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold. administra�ve cita�on as set forth in Chapter 7 of
Title 1 of this Code.”
EMC 6-11 Property
Maintenance
Remove
misdemeanor and
infrac�on penalty
EMC 6-11.01 (“Unlawful Property Nuisances”) –
Remove “Unlawful from �tle of sec�on and replace
“unlawful” with “a viola�on of the Emeryville
Municipal Code”
EMC 6-11.15 (“Viola�ons”) – Replace “is guilty of a
misdemeanor, provided the City may, in the direc�on
of the enforcing officer, charge such viola�on as an
infrac�on” with “shall be subject to administra�ve
cita�on under Chapter 7 of Title 1 of this Code.”
Replace “is guilty of a misdemeanor” with “shall also
be subject to administra�ve cita�on under Chapter 7
of Title 1 of this Code.”
Add “(T)he remedies and penal�es provided in this
chapter are cumula�ve and not exclusive of one
another.”
EMC 6-12 Opera�on and
Maintenance of
Off-Street
Parking Facili�es
Remove
misdemeanor and
infrac�on penalty
EMC 6-12.01 (“Enclosing Off-Street Parking when
Businesses are Closed”) – Replace “unlawful” for “a
viola�on of the Emeryville Municipal Code”
EMC 6-12.04 (“Viola�ons: Penal�es”) Replace en�re
provision with “Any person viola�ng or failing to
comply with any provision of this chapter shall be
subject to administra�ve cita�on as provided in
Chapter 7 of Title 1 of this Code.”
EMC 6-14 Food Service
Waste
Reduc�on
Remove infrac�on
penalty
EMC 6-14.05 (“Enforcement; No�ces of Viola�on;
Penal�es”) – Remove subsec�on (c) – “Anyone
viola�ng or failure to comply with any of the
requirements of this chapter will be guilty of an
infrac�on pursuant to Sec�on 1.2.01(f).”
Note - Appeal of
administra�ve cita�on
language was changed to
be consistent with Sec�on
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

Re-number remaining subsec�ons and correct typo
“City Manager” in new subsec�on (d). Add “as set
forth in Sec�on 1-7.07 of Chapter 1 of Title 1 of this
Code” and remove following language: “such warning
or determina�on of liability by filing a writen request with the City Manager or his/her designee. The City
Manager, or his/her designee, will promulgate
standards and procedures for reques�ng and
conduc�ng an administra�ve hearing under this
chapter before a hearing officer. Any determina�on
from the administra�ve hearing officer shall be final.” 1-7.07 (“Request for
Administra�ve Hearing”)
TITLE 7 – PUBLIC WORKS

EMC CODE

CHAPTER/

SECTION

SUBJECT CITY COUNCIL

RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT* NOTES
EMC 7-3 Sidewalks, Curbs
and Driveways
Eliminate infrac�on
penalty
Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code, subject to administra�ve
cita�on under Chapter 7 of Title 1 of this Code,” to
the following EMC Sec�ons:

EMC 7-3.01 (“Sidewalks and Curbs: Construc�on:

Permission Required: Excep�ons”);
EMC 7-3.02 (“Sidewalks and Driveways: Construc�on
or Repair: Permits Required: Excep�ons”);
EMC 7-3.13 (“Curbs: Construc�on: Permits Required”)
EMC 7-4 Underground
U�lity Facili�es
Eliminate infrac�on
penalty
No code revisions necessary. Infrac�on penalty removed
with revision of Penalty
Provisions of Chapter 2 of
Title 1 by CC on 12-12-
2022.

Remedies for noncompliance with
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold. underground u�li�es
order/requirements
addressed in code.

EMC 7-6 Required
Installa�ons of
Public
Improvements
Eliminate infrac�on
penalty
No code revisions necessary. Infrac�on penalty removed
with revision of Penalty
Provisions of Chapter 2 of
Title 1 by CC on 12-12-
2022.

EMC 7-7 Standard
Specifica�ons
for Public Works
Construc�on
Eliminate infrac�on
and misdemeanor
penalty
EMC 7-7.04 (“Viola�ons: Penal�es”) - Replace
“unlawful” to “viola�on of Emeryville Municipal
Code”
Replace “deemed guilty of a misdemeanor and shall
be punishable as set forth in Chapter 2 of Title 1” with “subject to administra�ve cita�on under Chapter 7
of Title 1 of this Code.”
EMC 7-10 Urban Forestry
Ordinance
Eliminate infrac�on
penalty
Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code” in following EMC
Sec�ons:

EMC 7-10.05(a) and (b) (“Plan�ng and Removal of
Street Trees/Encroachment Permit Required”);
EMC 7-10.06(a), (b) and (c) (“Protec�on of Trees and
Landscape Material”);
EMC 7-10.08 (“Materials Deleterious to Plant Growth
Prohibited”);
EMC 7-10.09 (“Paving Prohibited on Parkway”)
EMC 7-10-12 (“Penal�es for Viola�on of Ordinance”)
– Replace “unlawful” with “a viola�on of the
Emeryville Municipal Code”;
Subsec�on (a) – Replace “Criminal Penal�es” with
“Administra�ve Cita�on” and replace “shall be
punishable as set forth in Chapter 2 of Title 1” with
“shall be subject to administra�ve cita�on, as set
forth in Chapter 7 of Title 1.”
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments

* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.

TITLE 8 – BUILDING REGULATIONS

EMC CODE

CHAPTER/

SECTION

SUBJECT CITY COUNCIL

RECOMMENDATION
PROPOSED MODIFICATION/ AMENDMENT* NOTES
EMC 8-14 Sandblas�ng EMC 8-14.07 (“Hours and Days”) -
Replace “Sec�on 5-12.05(e”) to “Sec�on 5-13.05(e)”
Code typo clean-up
suggested by Code
Publisher
EMC 8-18 Seismic Hazard
Iden�fica�on
and Mi�ga�on
Program for
Unreinforced
Masonry
Buildings
Eliminate
misdemeanor
penalty
EMC 8-18.14 (“Remedies”) – Replace “unlawful” with
“a viola�on of Emeryville Municipal Code.” Replace
“shall be guilty of a misdemeanor and, upon
convic�on thereof, shall be punishable by a fine of
not more than five hundred dollars ($500.00), or by
imprisonment in the County Jail for a term not
exceeding six (6) months, or by both such fine and
imprisonment. Such building owner shall be guilty of
a separate offense for each and every day during any
por�on of which such viola�on of this chapter is
commited, con�nued or permited by such building
owner” with “shall be subject to administra�ve
cita�on as set forth in Chapter 7 of Title 1 of this
Code.”
EMC 8-19 Regula�ons for
the Conversion
of
Commercial/Ind
ustrial Buildings
to Live/Work
Occupancies
Eliminate infrac�on
penalty
No code revisions necessary. Infrac�on penalty removed
with revision of Penalty
Provisions of Chapter 2 of
Title 1 by CC on 12-12-
2022.

EMC 8-20 Building Permit
Fees for the
Installa�on of
Photovoltaic
Solar Panels
Eliminate infrac�on
penalty
No code revisions necessary. Infrac�on penalty removed
with revision of Penalty
Provisions of Chapter 2 of
Title 1 by CC on 12-12-
2022.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments