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13/68 Worked path: code to rights

A worked path: from a Williams code section up to both constitutions

Lesson 13 of 68 · Local government and the city council · 7 min read

On this page (6 sections)
  1. The method
  2. Example 1: water-chapter entry
  3. Example 2: sewer fees
  4. Your turn
  5. Check yourself
  6. Sources cited on this page

This lesson traces two real Williams Municipal Code (WMC) sections up the ladder of law, step by step, so you can do the same with any section.

Key takeaways

  • Start with the exact code words, then go up one rung at a time: state statute, California Constitution, U.S. Constitution.
  • At each rung, ask: what does this rule require, and does the code section meet it on its face or only as applied?
  • End with what would settle it and which records would show the facts.

The method

  1. Quote the section exactly. Use the official code (Municode) or the city clerk Verified12.
  2. Find the state statute on the same subject. Is the section preempted or required by it? (State law and the city)
  3. Find the California clause. Article I for rights; XI for power; XIII C/D for money.
  4. Find the federal clause and check incorporation (Incorporation).
  5. Find the leading cases for each clause.
  6. Write "Our reading": facial question vs. as-applied question.
  7. List the records that would answer the as-applied question.

Example 1: water-chapter entry

Code. The director has "the right of entering any or all premises for the purpose of determining whether the provisions of this chapter are being complied with" (§13.04.310) Verified3.

State statute. An inspection warrant is "signed by a judge of a court of record" Verified4, and the application must say "consent to inspect has been sought and refused" or justify not asking Verified5.

California Constitution. Article I, §13 protects against "unreasonable seizures and searches" Verified6. "In the absence of consent or exigent circumstances, government officials engaged in the abatement of a public nuisance must have a warrant to enter any private property where such entry would invade a constitutionally protected privacy interest" (Gleaves v. Waters) Verified7.

U.S. Constitution. The Fourth Amendment, incorporated through the Fourteenth (Mapp v. Ohio, 367 U.S. 643 (1961)) Verified8. Inspections "are significant intrusions upon the interests protected by the Fourth Amendment" (Camara) Verified9.

Our reading: On its face the clause is silent about warrants; a court could read it as entry by consent or warrant. The as-applied question is what happens when someone says no. Full analysis: How it ties to Williams.

Example 2: sewer fees

Code. "Any other fees the city may deem necessary to carry out this chapter, established from time to time by the city council" (§13.08.040(E)) Verified10.

State statute. Notice of an increase "may be given by including it in the agency's regular billing statement" (Gov. Code §53755) Verified11.

California Constitution. Article XIII D, §6 requires mailed notice, a hearing, and no fee if a majority of owners protest; it names "sewer, water, and refuse collection services" Verified6. See XIII D.

U.S. Constitution. No direct rule on local fee votes. Due process requires notice "reasonably calculated" to reach people in some settings (Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)) Verified12.

Our reading: The section is a delegation, not a fee. The question is whether each actual sewer fee went through XIII D, §6. Records that would show it: the mailed notice, the protest count, and the rate study.

Your turn

Pick any section in the code and fill in this table:

Rung Rule Met on its face? Facts needed
Code text
State statute
California Constitution
U.S. Constitution
Leading case

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.

Question 1. What's the first step in tracing a code section?

Show the answer and why

Quote the section exactly from the official code.

Question 2. What's the difference between a facial and an as-applied question?

Show the answer and why

Facial asks whether the words themselves are valid; as-applied asks whether the way they were used on particular facts was.

Question 3. Put the steps in order: Put the steps for tracing a Williams code section up the ladder of law in order.
  1. Check the state statute
  2. Check the U.S. Constitution
  3. Quote the exact code words
  4. Check the California Constitution

Show the answer and why

The right order:

  1. Quote the exact code words
  2. Check the state statute
  3. Check the California Constitution
  4. Check the U.S. Constitution

Start with the exact code words, then go up one rung at a time: state statute, California Constitution, U.S. Constitution.

From this lesson: “- Start with the exact code words, then go up one rung at a time: state statute, California Constitution, U.S.”

Sources cited on this page

  1. Williams Municipal Code (official, Municode) (Municode for the City of Williams; official; accessed 2026-10-16) Codified through Ord. 275-25 (Dec 10, 2025), per a search snippet. Municode blocked automated access; not bypassed. ↗
  2. City Clerk (public records requests, Form 700 filing officer) (City of Williams; official; accessed 2026-10-29) City Clerk's office, 810 E Street (P.O. Box 310). Phone (530) 235-3274, or (530) 473-2955 Ext. 111. This page has an online Public Records Request form and links a PDF request form. ↗
  3. Williams Municipal Code ch. 13.04 (Water) (GoCodebook mirror) (GoCodebook (third-party); unofficial / third-party; accessed 2026-10-22) Third-party mirror of the code (its 2026-10 edition, updated Oct 3, 2026, per the site). Quotes on this site were re-read on the mirror on Oct 23, 2026 and matched by script. The official code is on Municode; check quotes there or with the City Clerk before relying on them. ↗
  4. Code of Civil Procedure §1822.50 (inspection warrant defined) (California.Public.Law (copy of California statute); unofficial / third-party; accessed 2026-10-22) Unofficial copy of the statute, read directly. Confirm on leginfo before relying on it. ↗
  5. Code of Civil Procedure §1822.51 (inspection warrant: cause and affidavit) (California.Public.Law (copy of California statute); unofficial / third-party; accessed 2026-10-22) Unofficial copy of the statute, read directly. Confirm on leginfo before relying on it. ↗
  6. Constitutions of California and the United States, 2025-26 edition (PDF) (California State Senate; official; accessed 2026-10-17) California Constitution as last amended November 5, 2024. ↗
  7. Gleaves v. Waters (1985) 175 Cal.App.3d 413 (Justia (copy of California Court of Appeal opinion); unofficial / third-party; accessed 2026-10-23) Opinion text read on a free copy, not the official reporter. Confirm before relying on it. ↗
  8. Mapp v. Ohio, 367 U.S. 643 (1961) (Legal Information Institute, Cornell Law School (copy of U.S. Supreme Court opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read on the LII copy. Quotes on this site were machine-checked against that text. ↗
  9. Camara v. Municipal Court, 387 U.S. 523 (1967) (Cornell Legal Information Institute (copy of U.S. Supreme Court opinion); unofficial / third-party; accessed 2026-10-23) Opinion text read on Cornell's Legal Information Institute (free copy, not the official U.S. Reports). ↗
  10. Williams Municipal Code ch. 13.08, Art. 1 (Sewers: general provisions) (GoCodebook mirror) (GoCodebook (third-party); unofficial / third-party; accessed 2026-10-22) Third-party mirror of the code (its 2026-10 edition, updated Oct 3, 2026, per the site). Quotes on this site were re-read on the mirror on Oct 23, 2026 and matched by script. The official code is on Municode; check quotes there or with the City Clerk before relying on them. The quoted wording also matches the city-posted Ordinance 270-25 (May 2025, https://cityofwilliams.org/270-25.pdf), which used different section numbers (13.08.130, .150, .720) before codification. ↗
  11. Government Code §53755 (Proposition 218: notice of property-related fee increases) (California.Public.Law (copy of California statute); unofficial / third-party; accessed 2026-10-23) Unofficial copy of the statute, read directly. Confirm on leginfo before relying on it. ↗
  12. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (Legal Information Institute, Cornell Law School (copy of U.S. Supreme Court opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read on the LII copy. Quotes on this site were machine-checked against that text. ↗

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