Costa Mesa Municipal Code Ch. I General

This Code shall be known as the "Costa Mesa Municipal Code," and it shall be sufficient to refer to said Code as the "Costa Mesa Municipal Code" in any prosecution for the violation of any provisions hereof. It shall also be sufficient to designate any ordinance adding to, amending or repealing said Code, or portions thereof, as an addition to, or amendment to, or a repeal of, the "Costa Mesa Municipal Code," or a portion thereof.

(Code 1960, § 1101)

This Code consists of all the regulatory and penal, and of certain of the administrative ordinances of the city, codified pursuant to section 50022.2 of the Government Code of the State of California.

(Code 1960, § 1102)

This Code shall take effect upon the effective date of the ordinance of the city whereby this Code is adopted by reference.

(Code 1960, § 1103)

Neither the adoption of this Code nor the repeal hereby of any ordinances shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violations thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder obtaining shall continue in full force and effect. The provisions of this Code, insofar as they are substantially the same as ordinance provisions previously adopted by the city relating to the same subject matter shall be construed as continuations and not as new enactments.

(Code 1950, § 1104)

All ordinances, or portions of ordinances, in conflict with the provisions of this Code are hereby repealed.

(Code 1960, § 1105)

Title, chapter, article and section headings contained herein 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 hereof; provided, however, that in the case of the zoning ordinance, being Title 12, Chapter II hereof, title, chapter and section headings shall be considered part of the substance of said ordinance.

(Code 1960, § 1106)

The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within this Code, but such reference shall be construed to apply to the corresponding provisions contained within the Code.

(Code 1960, § 1107)

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, or any law, or by reason of ownership or control of property.

(Code 1960, § 1108)

Whenever a power is granted to or a duty imposed upon a city officer by this Code, 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.

(Code 1960, § 2108; Ord. No. 08-8, § 1, 1-6-09)

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.

As used in this Code, the term "across" includes along, on or upon.

The words "the city" or "this city" shall mean the City of Costa Mesa, California. The words "in the city" shall mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

As used in this Code, the term "ex officio" shall mean by virtue of office.

As used in this Code, the masculine gender includes the feminine, and the feminine includes the masculine.

As used in this Code, the term "health officer" shall mean the health officer of the County of Orange.

As used in this Code, the singular number includes the plural, and the plural includes the singular.

The use of the title of any officer, employee, office, commission, department or board in this Code shall mean such officer, employee, office, commission, department or board of the City of Costa Mesa.

As used in this Code, the term "operate" includes engage in, carry on, keep, conduct, maintain or cause to be carried on, kept, conducted or maintained.

As used in this Code, the term" owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant of the whole or part of such building or land.

As used in this Code, "sale" includes any sale, exchange, barter or offer for sale, or any consignment for these purposes.

As used in this Code, "shall" is mandatory and "may" is permissive.

As used in this Code, the term "state" shall mean the State of California.

As used in this Code, the present tense includes the past and future tenses, and the future includes the present.

As used in this Code, the term "year" shall mean the fiscal year unless the calendar year is specifically designated.

To coordinate all related provisions of the law, initiative ordinances are inserted in this Code and given section numbers. In each such case, the character of the ordinance as an initiative ordinance is noted. This coordination of initiative ordinances within the Code does not alter their classification as such.

(Code 1960, § 1109)

(a) In accordance with the provisions of section 50022.6 of the Government Code, not less than three copies of the Code shall be filed for use and examination by the public in the office of the city clerk. At least three copies, duly certified to by the city clerk, shall be maintained on file in his office. Additional copies shall be prepared in loose-leaf form and shall be mounted to withstand heavy usage in such binders as the city council may prescribe. Copies thereof shall be distributed to the departments and divisions of the city as shall be prescribed by the city council. Copies shall be furnished without cost to the municipal court, the county law library and each branch of the city library. Said free copies shall also be kept up-to-date without cost.

(b) Except as provided in this section, the cost of copies of this Code shall be as prescribed by the city council.

(Code 1960, § 1110)

Upon the adoption of any amendment or addition to said Code, or upon the repeal of any of its provisions, the city clerk shall certify thereto and shall make an appropriate notation in the volumes of said Code of the taking of such action, noting therein the number of the ordinance pursuant to which such action is taken. Duly certified copies of every ordinance making changes in such Code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference.

(Code 1960, § 1111)

(a) The city clerk shall prepare copies of such changes in the Code for insertion in the loose-leaf copies thereof and for the distribution in accordance with the instructions of the city council. Every section of the Code so changed shall bear thereon a notation of the ordinance in pursuance to which such change is adopted.

(b) At least twice yearly the city clerk shall cause the loose-leaf pages of said Code in which changes have been made to be revised, including the notation as to the ordinance number pursuant to which such change was adopted, in order that at least twice yearly the loose-leaf copies of such Code prepared for the use and convenience of the officers and employees of the city and the general public may be brought up-to-date.

(c) The cost of copies of supplements to this Code shall be as prescribed by the council, except that copies furnished initially without charge shall be supplemented without charge.

(Code 1960, § 1112)

The adoption of any amendment of this Code or the repeal of any section hereof shall not affect prosecution for violation of said amended or repealed section which violation occurred prior to the effective date of the amendment or repeal, and all rights and obligations hereunder pertaining thereto shall remain in full force and effect, including accrued license, penalty or penal provisions applicable to any violation thereof, and the validity of any bond, or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any such section shall not be affected.

(Code 1960, § 1113)

It is hereby declared to be the intention of the city council that the sections, paragraphs, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1960, § 1114)