Chapter 2. Building Code

Sec. 9-2.01 Administration.

These regulations shall be known as the “Building Code” and may be so cited, and will be referred to herein as “this Chapter.”

This Code is one of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 324 Div. 3 (part), 1994)

Sec. 9-2.02 Adoption by Reference.

The California Building Code, 2016 Edition, based on the 2015 International Building Code, including Part 2, Volumes 1 and 2 as published by the International Code Council (ICC) and adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter. (Ord. 500 § 2 (part), 2017)

Sec. 9-2.03 Copies on File.

One (1) copy of the 2016 Edition of the California Building Code, as adopted by Section 9-2.02, and all amendments thereto, is on file in the office of the Chief Building Official for inspection by the public. (Ord. 500 § 2 (part), 2017)

Sec. 9-2.04 Amendments, Additions, and Deletions.

The following portion of the Ordinance Code of Contra Costa County, California, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Amending the 2016 California Building Code by the changes, additions, and deletions set forth in Contra Costa County Ordinance No. 2016-22, Chapter 74-4, “MODIFICATIONS” Section 74-4.002 Amendments to CBC.

(a) CBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this Code and as follows:

(1) Sections 103, 109, 112, 113, 114, and 116 of CBC Chapter 1 are deleted.

(2) In Section 105.2 (Work exempt from permit) of CBC Chapter 1, subsection 4 is amended to read:

4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge, including tiered retaining walls, or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.

(3) Section 107.1 (Submittal Documents—General) of CBC Chapter 1 is amended by deleting the exception.

(4) Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is amended to read:

107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.

(5) Section 110.1 (Inspections—General) of CBC Chapter 1 is amended by adding the following to the end of that section:

At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures.

(b) Section 907.2.11.9 (Existing Group R Occupancies) of CBC Chapter 9 (Fire Protection Systems) is amended to read:

907.2.11.9 Existing Group R Occupancies. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.

(c) Section 1406.5 is added to Section 1406 (Combustible Materials on the Exterior Side of Exterior Walls) of CBC Chapter 14 (Exterior Walls), to read:

1406.5 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated unless there is a minimum of 10 feet from the exterior wall (including shakes or shingles) to the property line of all sides, except for any sides of exterior walls facing the street.

(d) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pound per square inch (psi) (17.2 Mpa).

(e) Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted.

(f) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3.

(g) Section 1906 (Structural Plain Concrete) of CBC Chapter 19 (Concrete) is deleted.

(h) Section 1907.l (Minimum Slab Provisions—General) of CBC Chapter 19 (Concrete) is amended by adding the following sentence to that section:

Slabs shall have 6-inch by 6-inch by 10-gauge wire mesh or equal at mid-height.

(i) Appendix C and Appendix I of the CBC are incorporated into the County Building Code. Appendix A, Appendix B, Appendix D, Appendix E, Appendix F, Appendix G, Appendix H, Appendix J, Appendix K, Appendix L, and Appendix M of the CBC are excluded from the County Building Code. (Ord. 500 § 2 (part), 2017)

Sec. 9-2.05 Permits Required.

No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. (Ord. 324 Div. 3 (part), 1994)

Sec. 9-2.06 Inspection Required.

All construction work for which a permit is required shall be subject to inspection by the Building Official, and certain types of construction shall have continuous inspection by special inspectors as specified in Uniform Building Code.

A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement or any material required to allow inspection. (Ord. 324 Div. 3 (part), 1994)

Sec. 9-2.07 Stop Orders.

When any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. (Ord. 324 Div. 3 (part), 1994)

Sec. 9-2.08 Occupancy Violation.

Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this Code. (Ord. 324 Div. 3 (part), 1994)

Sec. 9-2.09 Adoption of a Portion of the Contra Costa County Ordinance Code.

The following portion of the Ordinance Code of Contra Costa County, California is adopted by reference under the authority of Sections 50020-50022.9 of the California Government Code.

The provisions and findings of the Contra Costa County Gas Ordinance No. 2000-11 adopted March 11, 2000 requiring installation of Excess Flow Gas Shut-Off Devices (non-motion sensitive) or Gas Shut-Off Devices that are activated by motion. The Ordinance has been codified in the Contra Costa County Code as Chapter 718-8. (Ord. 365 § 1, 2001)

Sec. 9-2.10 Universal Design.

(a) Purpose and Intent. Pursuant to Government Code Section 17959.6 et seq., the City Council establishes procedures that will require developers to provide an opportunity for new home buyers within the City to purchase accessibility features from the developer before construction of a new single-family dwelling is initiated. The intent is not to mandate the features, but rather to mandate per state law that the features be offered. This will allow home buyers to purchase features that either makes the dwelling unit more accessible immediately or that provides elements for features to be installed at a future date.

(b) Findings. Assembly Bill 1400 was approved by the Governor on October 1, 2003. It provides that Section 17959.6 be added to the California Health and Safety Code requiring local jurisdictions to develop an ordinance that requires developers to offer accessibility features in single-family dwellings. Any additional costs for accessibility features selected are to be absorbed by the buyer. Enactment of this Section will fulfill the mandate by the State of California.

(c) Definitions. For the purpose of this Section, the following terms shall have the following definitions:

“Accessible” consistent with or as defined by the California Building. Code, Chapter 11A.

“ANSI A 117.1” means the most current version of the “Standard on Accessible and Usable Buildings and Facilities,” commonly known as “ICC/ANSI A117.1” published by the International Code Council and American National Standards Institute, Inc.

“Bathroom” means a room containing a toilet (water closet), lavatory (sink), and either a shower, bathtub, combination shower/bathtub, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.

“Building Department” as defined by the California Building Code.

“Building Official” as defined by the California Building Code.

“CBC, Chapter 11A” means Chapter 11 A of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions.

“Common use room” means a room commonly used by residents or guests to congregate.

“Condominium” as defined by the California Building Code.

“Custom-built home” means a single-family dwelling built exclusively for one (1) owner utilizing construction drawings that are unique in design to said structure.

“Dwelling unit” as defined by the California Building Code.

“New construction” defined for this purpose as a dwelling unit that is constructed from the ground up for human habitation.

“Owner-occupied” means any residential unit not intended, at the time of application for a building permit, to be occupied as a rental unit.

“Powder room” means a room containing a toilet (water closet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms.

“Primary entry” means the principal entrance through which most people enter a building or residential unit, as designated by the Building Official.

“Rental” means any residential dwelling unit not intended, at the time of application for a building permit, to be occupied by the owner.

“Single-family residential unit” means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the California Building Code, for not more than one (1) family, or a congregate residence I for ten (10) or less persons.

“Substantial rehabilitation” means the reconstruction of the primary entry, hallway, or one (1) bathroom or powder room on the route from the primary entry, when that reconstruction is required to be consistent with the most current version of the California Building Standards Code.

“Visitable residential dwelling” means a residential unit subject to the requirements of this Section by virtue of being within the scope of this Section as defined in subsection (d) of this Section, and “Standards” paragraphs.

(d) Scope and Application.

(1) Unit Coverage. All residential dwelling units which are, or are intended to be, owner-occupied or rental or owner-occupied and rental for which an application for a new construction building permit is submitted to the Building Department thirty (30) or more days after the effective date of the ordinance codified in this Section; and all residential dwelling units which are, or are intended to be, owner-occupied or rental or owner-occupied and rental for which an application for a substantial rehabilitation building permit is submitted to the Building Department thirty (30) or more days after the effective date of the ordinance codified in this Section shall be visitable residential dwelling units.

(2) Unit Types. New construction and substantial rehabilitation of the following types of residential dwellings shall be subject to this Section: All single-family, duplex, triplex, townhouse, and condominium, residential dwellings except for custom-built homes.

(e) Exemptions.

(1) When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this Section would create an undue hardship, or that equivalent facilitation is not available, an exception to that portion of the regulation shall be granted.

(2) When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this Section would create an undue hardship due to topographical conditions of the site and that no equivalent facilitation is available, an exemption to that portion of the regulation shall be granted.

(3) When the applicant adequately demonstrates that and the Building Official determines that a residential dwelling unit is being reconstructed or substantially rehabilitated as a result of a natural disaster, an exemption to all or any portion of this Section shall be granted.

(4) This Section shall not be applicable to any residential structure constructed or substantially rehabilitated if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking.

(f) Standards—Primary Entrance.

(1) New Construction—Mandatory to Install. There are no mandatory installations related to a primary entrance in a visitable residential dwelling.

(2) New Construction—Mandatory to Offer. The following options for the accessible entrance on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with:

A. An exterior accessible route that is either:

i. Consistent with the requirements of CBC 11A; or

ii. Not be less than forty (40") inches wide and not have a slope greater than one (1) unit vertical in twenty (20) units horizontal.

B. The accessible primary entrance that is consistent with the requirements of CBC Chapter 11A.

C. The floor or landing at and on the exterior and interior side of the accessible entrance door that is either of the following:

i. Consistent with the requirements of CBC Chapter 11A; or

ii. The width of the level area on the side to which the accessible entrance door swings shall extend twenty-four (24") inches past the strike edge of the door.

D. The exterior accessible entry door that is either:

i. Consistent with the requirements of CBC Chapter 11A; or

ii. Have a thirty-four (34") inch net clear opening.

E. A second exterior door that is installed in a manner so that it is accessible as provided in this paragraph with a thirty-two (32") inch net clear opening.

F. Where at least one (1) eyehole is provided in the accessible entry door, one shall be at standard height and a second one that is between forty-two (42") inches and forty-four (44") inches from the finished floor must be offered.

G. Where at least one (1) doorbell is provided for the accessible entry door, one shall be at standard height and a second one that is between forty-two (42") inches and forty-eight (48") inches from the finished floor must be offered.

(3) Substantial Rehabilitation. Any substantial rehabilitation of the interior route which leads to one (1) primary floor powder room or bathroom shall comply with the requirements of subsection (f)(2) of this Section and the requirements and options in subsection (0(2) of this Section applicable to the interior route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section.

(g) Standards—Primary Floor Powder Room/Bathroom Entry and Facilities.

(1) New Construction—Mandatory to Install. There are no mandatory installations related to the powder room, bathroom, or other facilities in a visitable residential dwelling.

(2) New Construction—Mandatory to Offer. The following options for the accessible bathroom or powder room on the route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section:

A. At least one (1) powder room or bathroom, at the option of the purchaser/owner, on the primary entry level of a visitable residential dwelling which complies with the requirements of CBC Chapter 11A;

B. Clear space in the bathroom or powder room that is either:

i. Consistent with the requirements of CBC Chapter 11A, or

ii. Outside of the swing of the door and either a forty-eight (48") inch circle, forty-eight inches by sixty inches (48" x 60") or a sixty (60") inch diameter circle, at the option of the purchaser/owner;

C. A bathtub or shower meeting the requirements of ANSI A 117.1;

D. Either of the following:

i. Grab bar reinforcement consistent with CBC Chapter 11A, or

ii. Grab bars installed in a manner consistent with CBC Chapter 11A for the toilet, shower/bath, lavatory, or any combination thereof, at the option of the purchaser/owner;

E. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11A;

F. A lavatory or sink installed consistent with CBC Chapter 11A;

G. A toilet installed consistent with CBC Chapter 11A;

H. Removable cabinets under the lavatory/sink;

I. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, the installation is consistent with the requirements of CBC Chapter 11A.

(3) Substantial Rehabilitation. Any substantial rehabilitation of one (1) powder room or bathroom on the route from the primary entrance shall comply with the requirements in subsection (g)(2) of this Section and the requirements an options in subsection (m)(2) of this Section applicable to that bathroom or powder room shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (m) of this Section.

(h) Standards—Kitchen and Facilities.

(1) New Construction—Mandatory to Install. There are no mandatory installations related to a kitchen in a visitable residential dwelling.

(2) New Construction—Mandatory to Offer. If there is a kitchen on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (m) of this Section:

A. An accessible route to the kitchen, with a pathway through the kitchen to the stove, oven, or combination stove/oven consistent with the requirements of CBC Chapter 11A.

B. One (1) or more of the following, at the purchaser/owner’s option:

i. At least a forty-eight inch by sixty-inch (48" x 60") clear space in front of a stove base of a U-shaped kitchen;

ii. At least a thirty inch by forty-eight inch (30" x 48") clear space in front of the sink (counting open space underneath, if available);

iii. At least one eighteen (18") inch wide breadboard and/or at least eighteen (18") inches in counter space at a thirty-four (34") inch height, or any combination thereof, at the option of the purchaser/owner.

C. Sink controls consistent with CBC Chapter 11A.

D. Adjustable sink and/or removable under-sink cabinets consistent with CBC Chapter 11A.

E. Hood fan controls at light switch level or lower.

(3) Substantial Rehabilitation. For any substantial rehabilitation of a kitchen on the primary entry level, there are no requirements to install or offer any installations or components.

(i) Standards—Common Use Room.

(1) New Construction—Mandatory to Install. There are no mandatory installations related to a common use room in a visitable residential dwelling.

A. At least one (1) common use room, such as a dining room or living room, on the accessible route. Sunken or raised areas not exceeding fifty percent (50%) of the area of the room’s floor space shall be permitted as an option of the purchaser/owner in a common use room on the accessible route when an accessible route connects a usable portion of the common use room to the accessible bathroom or powder room and the accessible exterior entry door.

B. No sunken areas in a common use room on an accessible route.

C. Standards related to access to and flatness of any other common area room on the primary entry level.

(2) Substantial Rehabilitation. For any substantial rehabilitation of a common use room on the primary entry level, there are no requirements either to install or offer any installations or components.

(j) Standards—Bedroom.

(1) New Construction—Mandatory to Install. There are no mandatory installations related to a bedroom in a visitable residential dwelling.

(2) New Construction—Mandatory to Offer. If there is a bedroom on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section: At least one (1) bedroom on the accessible route of travel with all components meeting the requirements of subsection (n) of this Section. A closet shall have at least a thirty-two (32") inch net opening and adjustable closet rods and shelving. A family room or den may satisfy this bedroom requirement if a sleeping structure (such as a bed, futon, hide-away, or Murphy bed) can be placed in the room and if the room complies with provisions for emergency escape and rescue and smoke alarms in the California Building Code.

(3) Substantial Rehabilitation. For any substantial rehabilitation of a bedroom on the primary entry level, there are no requirements either to install or offer any installations or components.

(k) Standards—Miscellaneous Areas.

(1) New Construction—Mandatory to Install. There are no mandatory installations related to miscellaneous areas of a visitable residential dwelling.

(2) New Construction—Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section: If on the primary entry level, miscellaneous areas or facilities (such as patio or yard, laundry room, or storage area) for the dwelling must have an accessible route to and from the accessible entrance, either through the dwelling unit or around the dwelling unit.

(3) Substantial Rehabilitation. For any substantial rehabilitation of a miscellaneous area on the same floor as the primary entry, there are no requirements either to install or offer any installations or components.

(l) Standards—General Components.

(1) New Construction—Mandatory to Install. There are no mandatory installations related to general components in a visitable residential dwelling.

(2) New Construction—Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with subsection (n) of this Section:

a. Rocker light switches and controls installed pursuant to either of the following:

i. In all rooms required to be accessible and on the accessible route;

ii. Throughout the balance of the residential dwelling unit.

b. On an accessible route in an interior room or hallway, interior doors or openings for rooms and routes of travel required to be accessible consistent with CBC Chapter 11A. EXCEPTION: A thirty-four (34") inch clear doorway width may be requested from a hallway with a thirty-nine (39") inch width, and a thirty-two (32") inch clear doorway width may be requested from a hallway with a thirty-six (36") inch width.

c. The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter 11A.

d. If the Building Official or purchaser/owner determines that the accessible route and doorway width options prescribed by Chapter 11A are not feasible and that a less wide accessible route is necessary, a functional alternative to ensure that all entries into rooms required to be accessible may be approved by the Building Official or purchaser/owner if it meets at least one (1) of the following requirements and if the hallway is not less than thirty-six (36") inches in width:

i. The entry door to the room must be at the end of a hallway or passageway, or open directly from another room on an accessible route of travel, so that no turn of ninety (90°) degrees or more is necessary to enter the room.

ii. The hallway wall opposite the room must be inset enough to allow an area of at least eight (8") inches wide with at least a sixty (60") inch run centered on the center of the entry door opening (e.g., an eight feet by sixty feet (8' x 60') notch or alcove).

iii. The hallway wall on the same side as the room must be inset enough to allow an area of at least eight (8") inches wide with at least a sixty (60") inch run centered on the center of the entry door opening (e.g., an eight inches by sixty inches (8" x 60") notch or alcove).

iv. The hallway wall directly opposite the room door must open to another room with at least a sixty (60") inch opening on a level with the accessible passageway or hallway. NOTE: Doors or openings to the rooms required to be accessible may be wider and the notch or alcove smaller if equivalent access is not impeded. In addition, for a doorway at the end of a hallway or in other circumstances, the notch or alcove need not be centered on the doorway if equivalent access is not impeded.

e. Hand-activated door hardware complying with CBC Chapter 11A.

f. Flooring throughout the residential unit consistent with CBC Chapter 11A.

g. The installation of all receptacle outlets, lighting controls and environmental controls throughout the balance of the residential dwelling unit must comply with CBC Chapter 11A or applicable provisions of the California Electrical Code.

h. Standards pertaining to residential structures from ANSI A117.1 may be used throughout this Section when CBC Chapter 11A does not contain specific standards or when the ANSI Standards are equivalent to the Chapter 11A Standards.

(m) Standards—New Construction or Substantial Rehabilitation—Permissive Options.

(1) The developer or builder of a visitable residential dwelling must offer an opportunity to select any of the features listed in this Section to an owner or prospective owner of a visitable residential dwelling at the earliest feasible time after the owner, purchaser, or prospective purchaser is identified.

(2) The developer or builder of a visitable residential dwelling shall construct or install any requested features identified in this Section unless it would result in an unreasonable delay in the construction or significant unreimbursable costs to the developer or builder.

(3) The developer or builder of a visitable residential dwelling, at his or her option, may offer or utilize standards for structural or design features, components or appliances and facilities, including but not limited to ANSI Standards, which meet or exceed Chapter 11A and which offer greater availability, access, or usability, and these are deemed to be in compliance with this Section.

(n) Enforcement.

(1) It is unlawful for any person or entity to fail to comply with the requirements of this Section.

(2) Violations of the provisions of this Section shall be deemed infractions and penalties shall be as set forth in Section 1-4.01 of the Hercules Municipal Code. Violations are also punishable under State Housing Law, Sections 17910, et seq., of the California Health and Safety Code.

(3) Compliance with this Section is required prior to issuance of a final inspection report or certificate of occupancy.

(4) Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil, criminal, or administrative. The remedies provided herein shall be cumulative and not exclusive.

(5) Whenever the Building Official or his designee reinspects or otherwise takes any enforcement action against a residential dwelling unit which is governed by this Section to determine compliance with this Section, the Building Official may assess fees against the owner to recover the costs to the City according to a fee schedule established by the City. The assessment and collection of these fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations of this Section or applicable state laws or regulations.

(6) The City may develop a means of providing public certification as to any residential dwelling unit’s compliance with this Section. No such certification shall be affixed to the residential dwelling unit or the property on which it is located without the authorization of the owner or renter.

(o) Severability. If any section, subsection, clause or phrase of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. The council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 426 § 1, 2007)