Clearlake Municipal Code Ch. I General Provisions

TITLE – EFFECTIVE DATE Short Title – Reference to Code. Nature of Code. Certification of Amendments. DEFINITIONS CONSTRUCTION SEVERABILITY GENERAL PENALTY Maximum Penalty – Misdemeanor. Offenses Charged as Infractions. Separate Offense for Each Day a Violation Exists. Notice to Appear. Prohibited Acts, Inclusions. Supplementary Enforcement Authority – Citations: Council Action. Designation of Non-Peace Officer Enforcement Authorities. ADOPTING BY REFERENCE PORTIONS OF THE LAKE COUNTY CODE Preamble. Adoption by Reference. Amendment of Ordinances Adopted by Reference. CLAIMS Claims Presentation Procedures. Further Claims Presentation Procedures. Severability. RESERVED ADMINISTRATIVE CITATIONS Authority. Purpose. Definitions. Issuance of Administrative Citations. Service of Citation. Administrative Fines. Administrative Appeal. Judicial Review of Administrative Hearing Decision. Payment and Collection of Penalties.

For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the following definitions shall be used in the Code: CITY shall mean the City of Clearlake in the County of Lake, State of California. CLERK, MUNICIPAL CLERK or CITY CLERK shall mean the Municipal Clerk duly elected or appointed pursuant to law. COUNCIL or CITY COUNCIL shall mean the City Council of the City of Clearlake. COUNTY shall mean the County of Lake, State of California. DAYS shall mean the calendar days.

DEPARTMENT shall mean an organizational unit of the government established or designated by ordinance or otherwise, together with any agency or instrumentality of the government assigned to such organizational unit by the City Council. LICENSED shall mean licensed in accordance with the appropriate section or chapter of this Code. MONTH shall mean a calendar month unless otherwise specifically provided. OATH shall be construed to include an affirmation where an affirmation may be substituted for an oath. In such cases the words swear and sworn shall be construed to be equivalent to the words affirm and affirmed. OCCUPANT. See tenant. OFFICER or OFFICIAL and the title of an officer or official shall be construed as if the words “of the City of Clearlake” followed it. ORDINANCE shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law. OWNER when applied to a building or land shall include any part owner, any corporation, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land. PERSON shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any kind thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. PERSONAL PROPERTY shall mean goods and chattels, rights and credits, moneys and effects, evidence of debt, and all written instruments by which any any right to, interest in, or lien or encumbrances upon, property or any debt or financial obligation as created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and every thing, except real property as herein defined, which may be the subject of ownership. PRECEDING and FOLLOWING shall mean next before and next after, respectively. PROPERTY shall mean real and personal property. PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES shall severally be construed to mean any and every public ground, public square, public park or other public place within the City. REAL PROPERTY shall include lands, tenements and hereditaments, all rights thereto and interests therein. SIDEWALK shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

STREET shall include an avenue, road, alley, land, highway, boulevard, concourse, driveway, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal parking field used by the general public. Street shall be considered to include a sidewalk or footpath, unless the contrary is expressed or unless such construction is inconsistent with the apparent intent. TENANT or OCCUPANT applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others. WEEK shall mean seven (7) days. YEAR shall mean a calendar year unless otherwise specifically provided. (New)

For the purposes of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require: The present tense includes the past and future tenses and the future, the present. The masculine gender includes the feminine and neuter. The singular number includes the plural and the plural the singular. “Shall” is mandatory and “may” is permissive. The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday, or a day on which the offices of the City are closed, that day shall be excluded. “Writing” and “written” shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting. “And” may be construed as meaning “or,” and “or” as “and,” if the sense requires and indicates such meaning. Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of California during any day in any year. Any citation or a statute, law or ordinance contained in this revision shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation. “Chapter” shall mean one of the major divisions of the Code identified by a Roman numeral and divided by subject matter. “Section” shall mean a major subdivision of a chapter. “Subsection” shall mean a subdivision of a section, identified by a decimal number.

“Paragraph” shall mean a subdivision under a subsection, identified by an alphabetical letter or Arabic number. (New)

If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code. (New)

Former Section 1-8, Public Nuisances and Nuisance Abatement, previously codified herein and containing portions of Ordinance No. Ord-101-01(b), was repealed in its entirety by Ordinance No. 159-2012. See Chapter X for nuisance abatement.