Severability Clause in Santa Clarita City Code
In Santa Clarita, California, a severability clause determines whether the remainder of a city ordinance stays effective if one part is held invalid by a court. Residents and regulated parties should understand that severability preserves functioning law where possible while isolating invalid provisions. This guide explains how the clause operates in practice, which city offices handle challenges, and the practical steps to appeal or request an amendment under local procedures. For the controlling language, consult the City Code and the City of Santa Clarita code publication.[1]
How the Severability Clause Works
The severability clause is a statement in the city code or an ordinance that, if a court invalidates a specific provision, the remainder of the law remains operative unless the invalid part is so integral that the legislative body would not have enacted the remainder. The clause does not change substantive rights but provides a rule for preserving enforceable provisions.
Penalties & Enforcement
A severability clause itself does not create penalties; penalties for violations are set elsewhere in the code or in individual ordinances. Where the clause applies, enforcement and penalties for the surviving provisions continue to be available as written in the applicable ordinance or code section.
- Monetary fines: not specified on the cited page; refer to the individual ordinance for fine amounts and units.[1]
- Escalation: first, repeat, and continuing offence structures are set in each ordinance or penalty schedule and are not specified on the cited severability page.[1]
- Non-monetary sanctions: orders to abate, injunctions, permit suspensions, and seizure or demolition where authorized by code or court order may apply to surviving provisions.
- Enforcer and complaints: Code Compliance/Code Enforcement or the City Attorney enforces municipal violations; complaints and reporting pathways are managed by the City of Santa Clarita Code Compliance division.[2]
- Appeals and review: appeals of enforcement actions typically follow the appeal/administrative hearing procedures in the Code or municipal hearing rules; specific time limits for appeal are specified in the controlling ordinance or hearing rules and are not specified on the severability page.[1]
- Defences and discretion: common defences include lack of notice, constitutional challenges, or that the invalidated provision is severable; permitting, variances, or administrative discretion may preserve compliance options.
Applications & Forms
No specific application is required for the severability clause itself; challenges, appeals, and enforcement responses use the forms and procedures of the enforcing department or the court. For administrative appeals, use the forms published by the City Clerk or the department handling the underlying violation, or file court papers for judicial review (see resources).
Practical Steps After a Court Ruling
- Confirm the court order and identify which sections were invalidated.
- Review the severability language in the ordinance or Code to determine whether remaining provisions continue to apply.[1]
- If enforcement is affected, contact Code Compliance or the City Attorney for guidance and to learn about next steps.[2]
- If you are a regulated party, consider administrative appeal procedures or consult the municipal hearing process within the stated time limits of the relevant regulation.
FAQ
- What does a severability clause do?
- A severability clause provides that if part of an ordinance is declared invalid, the remainder remains in effect unless the invalid portion is essential to the law's purpose.
- Does severability change fines?
- No; fines and penalties are set elsewhere in the municipal code or by individual ordinances and are applied to provisions that remain valid.
- Who enforces surviving provisions?
- Code Compliance or the City Attorney enforces municipal code provisions; contact the City of Santa Clarita Code Compliance division to report violations or ask about enforcement procedures.[2]
How-To
- Locate the ordinance or code section and read the severability clause and the specific court decision.
- Contact Code Compliance or the City Attorney to confirm enforcement status and any administrative steps.
- If needed, file an appeal or seek judicial review within the time limits specified in the controlling ordinance or statutes.
Key Takeaways
- Severability preserves valid parts of ordinances even if one part is invalidated.
- Enforcement continues through Code Compliance or the City Attorney for surviving provisions.
- Check the specific ordinance for fines, appeal deadlines, and required forms.