Orange Municipal Code Ch. 1.04 General Provisions

Unless the provisions of the context require otherwise, these general provisions, rules of construction and definitions 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.

(Prior code 1300; Ord. 120)

Whenever mandatory language such as "shall," "must," or similar mandatory language appears in any ordinance or other documents approved by the City or by any of its officers, agents, or employees any of which documents are construed as an "enactment" within the meaning of the California Government Code, such mandatory language shall not be construed as creating a mandatory duty within the meaning of Section 815.6 of the California Government Code unless such an intention to establish said mandatory duty is clearly and unequivocally expressed in the language of the enactment. Neither shall any such mandatory language be construed as imposing such a mandatory duty upon the City, its officers, agents, or employees.

(Ord. 9-86)

Chapter 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 chapter or section of this code.

(Prior code 1301)

This code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of 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.

(Prior code 1302)

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

(Prior code 1303)

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.

(Prior code 1304)

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.

(Prior code 1305)

Whenever a reference is made to any portion of this code, or to any ordinance of this City, the reference applies to all amendments.

(Prior code 1306; Ord. 06-24, 4/9/2024)

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit thereof 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 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.

(Prior code 1307)

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 shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

(Prior code 1308)

The present tense includes the past and future tenses, and the future, the present.

(Prior code 1309)

The masculine gender includes the feminine and neuter.

(Prior code 1310)

The singular number includes the plural, and the plural, the singular.

(Prior code 1311)

"City"

means the City of Orange.

"Council"

means the City Council of this City.

"County"

means the County of Orange.

"Oath"

includes affirmation.

"Owner"

applied to a building or land includes any part owner, joint owner, tenant, tenant in common or joint tenant of the whole or a part of such building or land.

"Person"

includes any person, firm, association, organization, partnership, or corporation.

"State"

means the State of California.

"Street"

includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this City which may 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,"

applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

(Prior code 1312—1321; Ord. 06-24, 4/9/2024)