CHAPTER 1
ADOPTION OF CODE

Section 1100. Short Title. Reference to Code.

This Code shall be known as the “Castro Valley Sanitary District Code”, and it shall be sufficient to refer to said Code as the “Castro Valley Sanitary District Code” or “Code” in any prosecution for the violation of any provision thereof. It shall also be sufficient to designate any Ordinance adding to, amending, or repealing said Code, or portions thereof, as an addition or amendment to or a repeal of the “Castro Valley Sanitary District Code”, or a portion thereof.

(§1, Ord. 20, 07-15-52)

(Amended §1, Ord. 162, 07-01-14)

Section 1101. Authority.

This record consists of all regulatory, penal and administrative Ordinances of the Castro Valley Sanitary District. The Code is codified under the authority of Article 2, Chapter 1, Division 1, Title 5 of the Government Code of California.

(§1, Ord. 20, 07-15-52)

(Amended §1, Ord. 162, 07-01-14)

Section 1102. Effective Date.

This Code shall take effect upon the effective date of the Ordinance whereby this Code was adopted by reference.

(§1, Ord. 20, 07-15-52)

Section 1103. Effect of Code on Past Actions and Obligations.

Neither the adoption of this Code nor the repeal hereby of any Ordinance of the District shall in any manner affect the prosecution for violations of Ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such Ordinances, nor be construed as affecting any of the provisions of such Ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any Ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

(§1, Ord. 20, 07-15-52)

Section 1104. Reference to Specific Ordinances.

The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, Ordinances which are therein specifically designated by number or otherwise and which are included within this Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(§1, Ord. 20, 07-15-52)

Section 1105. Validity of Code.

If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.

(§1, Ord. 20, 07-15-52)

Section 1106. Repeal.

All Ordinances or portions of Ordinances in conflict with the provisions of this Code are hereby repealed.

(§1, Ord. 20, 07-15-52)

Section 1107. Maintenance of Code.

Not less than three copies of this Code shall be filed for use and examination by the public in the office of the Secretary. At least three copies, duly certified by the Secretary, shall be maintained on file in his office. Additional copies shall be prepared in loose-leaf form and shall be mounted to withstand heavy usage in such binders as the Board may prescribe. Copies thereof shall be distributed to the departments and officers of the District as shall be prescribed by the Board.

Upon the adoption of any amendment or addition to said Code, or upon the repeal of any of its provisions, the Secretary shall certify thereto and shall make an appropriate notation in the bound volumes of said Code of the taking of such action, noting thereon the number and date of the Ordinances pursuant to which such action is taken.

Duly certified copies of every Ordinance making changes in such Code shall be filed in the office of the Secretary in books for such purpose, duly indexed for ready reference.

The Secretary shall prepare copies of such changes in the Code for insertion in the loose-leaf copies thereof and for distribution in accordance with the instructions of the Board. Every section of the Code so changed shall have noted thereon the Ordinance number pursuant to which such change is adopted, together with the date of the Ordinance.

At least once each year the Secretary shall cause the loose-leaf pages of said Code in which changes have been made to be reproduced, including the notation as to the Ordinance number and date pursuant to which such change is adopted, in order that at least annually the loose-leaf copies of such Code prepared for the use and convenience of the offices and District Personnel of the District and the general public may be brought up to date.

(§1, Ord. 20, 07-15-52)

(Amended §1, Ord. 162, 07-01-14)

Section 1108. Public Records.

Authority for Regulations – Availability of Records. The regulation codified in this chapter is adopted pursuant to, and is subject to the provisions of, the California Public Records Act (California Government Code Section 6250 et seq.). This chapter sets forth the procedures to be followed for the inspection of public records of the District and for safeguarding the confidentiality of the records of the customers and personnel of the District. Subject to the procedures set forth in California Government Code Sections 6253 and 6253.1, and except as otherwise expressly provided in this chapter, any public records of the District shall be available for inspection by any person at all times during the regular hours of the office of the District where the record is maintained.

(a)    Agenda of Board or Committee Meeting. One copy of an agenda summary sheet for a board or committee meeting may be picked up at the District office, or, upon receipt of a written request, each such agenda summary sheet shall be mailed via USPS by the District to the requesting party at no charge for the remainder of the calendar year. Such requests must be renewed each January.

(b)    Individual Agenda Items. One paper copy of the materials for an individual agenda item (but only where the materials for the agenda item are less than 25 pages long) from an agenda packet will be provided to a person requesting it at the District’s office or, upon receipt of a written request, mailed to the person requesting it at no charge. A copy of an agenda item over 25 pages, or of any subsequent or additional copy of any individual agenda item(s), will be provided only after payment of the fees established as set forth in CVSan Policies and Procedures No. 1050-, Copies of public records – Fees, plus actual mailing costs.

(c)    Agenda Packets. Each agenda packet shall be subject to inspection at the District office pursuant to the California Public Records Act. Any person may request that a copy of the entire agenda packet of any meeting of the Board or a committee be mailed to that person. A copy will be provided only after payment of the fees established as set forth in CVSan Policies and Procedures No. 1050, Copies of public records – Fees, plus actual mailing costs.

(d)    Transmission by Electronic Means. A person may obtain electronic copies of selected District documents from the District’s website free of charge. A person may submit a written request that materials described in subsections (a), Agenda of Board or Committee Meeting, through (c), Agenda Packets, of this section be sent by facsimile transmission or by e-mail instead of by mail; upon receipt of such a request, and payment of the fees established as set forth in CVSan Policies and Procedures No. 1050, Copies of public records – Fees, plus the actual costs of transmission, the District, in its sole discretion, may send the requested materials by facsimile transmission or by e-mail to the person making the request.

Time for Mailing or Transmission by Electronic Means. Any materials to be transmitted by electronic means pursuant to subsection (d) of this section, Transmission by Electronic Means, or mailed pursuant to subsections (a), Agenda of Board or Committee Meeting, through (c), Agenda Packets, of this section shall be sent during regular business hours and as close as reasonably possible, under the circumstances, to the time the agenda is posted or distributed to a majority of the members of the Board.

Except where a request is unduly burdensome, the fees for copying public records shall be the direct costs of duplication in the amounts established by separate ordinance or resolution duly adopted from time to time by the Board of Directors. For public records that can, in the discretion of the District, most efficiently be copied by a commercial copy service, the fees charged by the copy service shall be the actual costs of the service. A person who submits a written request that copies of the public records be mailed to him or her, or that the public records be sent by electronic means, prior to such mailing or electronic transmission shall be required to pay the cost of providing that service in addition to the fees described in the foregoing provisions of this section. CVSan Policies and Procedures No. 1050.

(§1, Ord. 162, 07-01-14)

Section 1109. Public Agenda Postings.

Per Government Code Section 54954.2(a) (Agenda requirements; Regular meetings), at least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. This requirement shall also be followed in regard to any standing Committee meeting agenda or Community Advisory Committee meeting agenda.

(§1, Ord. 162, 07-01-14)