Antioch Municipal Code Ch. 3 Rules of Construction

Unless the provisions of this code otherwise specifically provide or the context of this code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this code. The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

('66 Code, § 1-3.01)

The provisions of this code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

('66 Code, § 1-3.02)

All persons who, at the time this code takes effect, hold office under any of the ordinances repealed by this code, which offices are continued by this code, shall continue to hold them according to their former tenure.

('66 Code, § 1-3.03)

Title, chapter, article, and section headings contained in this code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, article, or section of this code.

('66 Code, § 1-3.04)

SECTION shall mean a section of this code, unless some other source is specifically mentioned. DIVISION shall mean a subsection of the section in which the term occurs, unless some other section is expressly mentioned.

('66 Code, § 1-3.05)

This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside the city over which the city has jurisdiction or control by virtue of the Constitution of the State of California or any law, or by reason of ownership or control of property.

('66 Code, § 1-3.06)

Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise.

('66 Code, § 1-3.07)

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

('66 Code, § 1-3.08)

Whenever any reference is made to an ordinance, the reference shall apply to such ordinance of the city unless otherwise specifically provided. Whenever any reference is made to any portion of this code, or to any ordinances of the city, the reference shall apply to all amendments and additions now or hereafter made.

('66 Code, § 1-3.09)

(A) Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in this code or state law, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope postage prepaid, addressed to such person to be notified, at his or her last known business or residence address as the same appears in the public records of the city or county, or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office in a United States mailbox.

(B) Failure of the responsible party to receive "actual" notice shall not affect the validity of the proceedings.

('66 Code, § 1-3.10) (Ord. 1082-C-S, passed 11-28-06)

Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of 18 years, which affidavit shows service in conformity with this code or other provisions of law applicable to the subject matter concerned.

('66 Code, § 1-3.11)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

('66 Code, § 1-3.12)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• CALENDAR YEAR. From January 1 through December 31 of any given year.

• CITY. The city of Antioch.

• COUNCIL. The City Council of the city.

• COUNTY. The County of Contra Costa.

FISCAL YEAR. From July 1 of any given year through June 30 of the following year.

GENDER. The masculine gender shall include the feminine and neuter genders.

HOLIDAY.

New Year's Eve, December 31st

New Year's Day, January 1st

Martin Luther King's Birthday, Third Monday in January

Lincoln's Birthday, February 12

Washington's Birthday, Third Monday in February

Memorial Day, Last Monday in May

Independence Day, July 4th

Labor Day, First Monday in September

Veterans' Day, November 11

Thanksgiving, Fourth Thursday in November

Day after Thanksgiving, Fourth Friday in November

Christmas Eve, December 24

Christmas, December 25

MAY. This term shall be permissive.

MONTH. A calendar month unless otherwise expressed.

NUMBER. The singular number shall include the plural, and the plural number shall include the singular.

OATH. This term shall include affirmation.

OFFICE. The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of this city, unless otherwise specified.

OFFICIAL TIME STANDARD. Wherever certain hours are named in this code, they shall mean standard time or daylight saving time as may be in current use in the city.

OWNER. This term, applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

PERSON. Any person, firm, company, corps ration, partnership, association, any public corporation, political subdivision, city (excepting the City of Antioch), the County of Contra Costa, district in the County of Contra Costa, the State of California, or the United States of America, or any department or agency of any thereof, unless this code expressly provides otherwise.

PERSONAL PROPERTY. Money, goods, chattels, things in action, and evidences of debt.

PROPERTY. Both real and personal property.

QUARTERLY. Where used to designate a period of time, this term shall mean the first three calendar months of any given year or any succeeding period of three calendar months.

REAL PROPERTY. Lands, tenements, and hereditaments.

SHALL. This term shall be mandatory.

STATE. The state of California.

STREET. All streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

TENANT or OCCUPANT. This term, applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

TENSES. The present tense shall include the past and future tenses, and the future tense shall include the present tense.

('66 Code, § 1-3.13)(Am. Ord. 966-C-S, passed 11-23-99)

(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)

(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.

Example: (Cal. Gov't Code, § 2122) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85).

(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information.

Example:

This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

Statutory reference:

For provisions concerning the inspection of public records,

see Cal. Gov't Code §§ 6250.1 et seq.

Notwithstanding any provision of this code to the contrary, any use, entitlement, authorization, license or permit allowed or issued under this code shall be consistent with applicable state and federal law.

(Ord. 1073-C-S, passed 6-27-06)