California City Municipal Code Ch. 2 Rules of Construction

Unless the provisions of this Code specifically provide otherwise, 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. This Code and proceedings under are to be constructed with a view to effect its objects and promote justice.

( Ord. No. 14-726, § 1, 12-2-2014 )

Title, chapter, article, and section headings do not govern, limit, modify, or affect the scope, meaning, or intent of any title, chapter, article, or section of this Code.

( Ord. No. 14-726, § 1, 12-2-2014 )

If any chapter, section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, the portion shall be deemed a separate, distinct and independent provision, and the holding shall not affect the validity of the remaining portions of this Code.

( Ord. No. 14-726, § 1, 12-2-2014 )

This Code refers only to the omission or commission of acts within the territorial limits of the City, and territory outside the City over which the City has jurisdiction, or a legal right of influence or control, by virtue of the Constitution of the State, any law, or by reason of ownership or control of property.

( Ord. No. 14-726, § 1, 12-2-2014 )

Whenever a reference in this Code is made to an ordinance, the reference shall apply to an ordinance of the City unless this Code expressly provides otherwise. Whenever a reference is made to any portion of this Code, or to an ordinance, the reference shall include amendments.

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) Whenever a notice is required to be given pursuant to this Code, such notice may be given by personal delivery to the person to be notified, by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed, or by facsimile to the actual facsimile number of the person. Service by mail shall be deemed to have been completed at the time the notice is deposited in the post office.

(b) Proof of giving notice may be made by the certificate of an officer or employee or the affidavit of any person over the age of eighteen (18) years, showing service in conformity with this Code or other law applicable to the subject matter.

( Ord. No. 14-726, § 1, 12-2-2014 )

For the purpose of this Code, unless otherwise apparent from the context, certain words and phrases used in this Code are defined as follows:

(a) "Across" shall include along, on or upon.

(b) "Administrative Citation" is a written notice of violation issued for a violation of this Code, any ordinance adopted by the City, or State code(s).

(c) "City" shall mean the City of California City.

(d) "City Manager" shall mean the City Manager of California City.

(e) "CCMC" or "Code" shall mean "The California City Municipal Code", as adopted and subsequently amended.

(f) "Council" shall mean the City Council of the City of California City.

(g) "County" shall mean the County of Kern.

(h) "Enforcement Officers" are the persons designated by the City Manager to issue Administrative Citations pursuant to this Title. Enforcement Officers include, but are not limited to the following persons employed by the City:

(1) Peace Officers;

(2) Firefighters;

(3) Code Enforcement Officers;

(4) Animal Control Officers;

(5) Building Inspectors; and

(6) Any other persons formally designated as such by the City Manager.

(i) "Fiscal Year" shall mean from July 1 of any given year through June 30 of the following year.

(j) "Owner" when applied to a building, land, or business, shall include any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of the building, land or business.

(k) "Person" shall include any natural person, firm, company, corporation, partnership, association, public corporation, political subdivision, city (except the City of California City), the County, district in the County, the State of California, the United States of America, or any department or agency of the foregoing.

(l) "Police" shall refer to the agency that performs the appropriate law enforcement functions of the City.

(m) "Property" shall mean and include both real and personal property.

(n) "Quarterly." Where it is used to designate a period of time, shall mean the first three calendar months of any given year and the succeeding periods of three calendar months.

(o) "Real Property" shall include land, tenements and hereditaments.

(p) "Responsible person" means an individual who is the owner, occupant or authorized agent of the owner or occupant of real property, or business, or the parent or legal guardian of such person under the age of eighteen (18) years, who violates any provision of this code or aids, abets, coerces, compels, counsels, advises, employs, or encourages another person to violate the provisions of this Code.

(q) "Section" shall mean a section of this Code, unless some other source is specifically mentioned. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly mentioned.

(r) "Shall." Use of the word means the act is mandatory.

(s) "Street" shall mean 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 other public property so designated in any state law.

(t) "Subdivision Deferred Improvement Tracts" or "SDI Tracts" are 29 tracts within the City subject to a deferred improvement agreement and identified as tract nos. 2898, 2967, 3060, 3061, 3062, 3070, 3071, 3080, 3081, 3139, 3140, 3186, 3187, 3188, 3192, 3193, 3194, 3195, 3196, 3197, 3198, 3243, 3245, 3279, 3280, 3281, 3282, 3288, 3353.

(u) "Subdivision Deferred Improvement Lots" or "SDI Lots" are lots within Subdivision Deferred Improvement Tracts.

(v) "Subdivision Deferred Improvement Agreements," "Deferred Improvement Agreements," or "SDI Agreements" means agreements calling for payments by owners of SDI Lots to finance the subsequent construction of certain improvements for SDI Tracts.

(w) "Subdivision Deferred Improvements," "Deferred Improvements," or "SDI Improvements" means the improvements described in the SDI Agreements.

(x) "SDI Advisory Committee" means the committee created to advise the City on compliance with this Chapter.

(y) "Tenant" or "Occupant," when applied to a building or land, shall mean any person who occupies the whole or a part of the building, structure or land, whether alone or with others.

( Ord. No. 14-726, § 1, 12-2-2014 )

For the purposes of this Code, all words not herein defined shall have the meanings determined by the laws of this state and the decisions of the courts of this state.

( Ord. No. 14-726, § 1, 12-2-2014 )

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

( Ord. No. 14-726, § 1, 12-2-2014 )

The masculine gender shall include the feminine and neuter genders.

( Ord. No. 14-726, § 1, 12-2-2014 )

Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under the ordinances on the effective date, nor be construed as affecting any of the provisions of the ordinances relating to the collection of any license fee or penalty or the penal provisions applicable to any violation of the ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to the ordinances shall continue in full force and effect.

( Ord. No. 14-726, § 1, 12-2-2014 )

All the provisions of this Code and its ordinances shall be interpreted to refer to the appropriate or designated officer of office of the City. Whenever an ordinance, uniform code, statute, or other matter is adopted by reference and refers to a department, officer, employee, inspection, police, or other function, such reference is to the appropriate or designated office, officer, department, agency, employee, or function of the City.

( Ord. No. 14-726, § 1, 12-2-2014 )

Whenever a power is granted to or a duty imposed upon a City officer by this Code, or by any other ordinance, resolution, policy or contract of the City, and irrespective of whether such City officer serves as an employee of the City or is appointed by virtue of a professional services contract, the powers and duties of such officer may be exercised or the duty performed by an assistant or a deputy of the officer or by a person authorized pursuant to law by the officer, whether such assistant or deputy or person be an employee of the City or be retained by virtue of a professional services contract, unless this Code or the ordinance, resolution, policy or contract expressly provides otherwise.

( Ord. No. 14-726, § 1, 12-2-2014 )