Article V — ADMINISTRATIVE HEARINGS

1-55. Administrative hearings

              1-56.  Rules and regulations

              1-57.  Hearing officer

              1-58.  Appeal procedure

              1-59.  Conduct of hearing

              1-60.  Hearing officer authority

              1-61.  Decision

             ARTICLE I. GENERAL PROVISIONS

SEC. 1-1. CITY CODE DESIGNATIONS AND CITATIONS.

The ordinances included in this and the following chapters, articles, divisions, and sections shall constitute and be designated as “The Code of the City of Oxnard, California,” and may be so cited. These ordinances may also be cited as the “City Code.”

(`64 Code, Sec. 1-1)

SEC. 1-2. REFERENCES TO STATE LAW.

Unless otherwise expressly provided, all references to State law in this code are to the California Codes.

(`64 Code, Sec. 1-2)

SEC. 1-3. DEFINITIONS AND RULES OF CONSTRUCTION.

In this and all ordinances of the city, the following definitions and rules shall be observed, unless such would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

(A) CITY - The City of Oxnard including the area within the territorial city limits of the city and such territory outside of the city over which the city council has

jurisdiction or control by virtue of any provision of law.

(B) CITY COUNCIL - The city council of the City of Oxnard.

(C) CITY MANAGER - The city manager of the city or designee.

(D) CODE - CITY CODE refers to the 2002 Code of the city and its subsequent amendments. Otherwise, CODE refers to California Codes (for example, Vehicle

Code).

(E) COMPUTATION OF TIME - The time in which any act provided by law is to be accomplished is computed by excluding the first day and including the last,

unless the day is a holiday and then that day is also excluded.

(F) COUNTY - The County of Ventura.

(G) DAY - A calendar day, unless specified otherwise.

(H) DAYTIME - The period of time between sunrise and sunset.

 (I) GENDER - The masculine gender includes the feminine and neuter.

(J) MAY - A permissive term.

(K) MONTH - A calendar month.

(L) NIGHTTIME - The period of time between sunset and sunrise.

(M) NUMBER - The singular number includes the plural, and the plural the singular.

(N) OFFICIAL TIME - Either Pacific Standard Time or Pacific Daylight Saving Time, as may be in current use in the city.

(O) PERSON - Any individual, firm, association, organization, partnership, business trust, corporation or company.

(P) PERSONAL PROPERTY - Includes every species of property, except real property, as defined in this section.

(Q) PROCESS - Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

(R) PROPERTY - Includes real and personal property.

(S) REAL PROPERTY - Includes lands, tenements and hereditaments.

(T) SHALL - A mandatory term.

(U) STAFF - The employees of the city.

(V) STATE - The State of California.

(W) TENANT - Any person holding a written or an oral lease of, or a person occupying the whole or a part of a building or land, either alone or with others.

(X) TENSES - The present tense includes the past and future tenses, and the future includes the present.

(Y) UNDEFINED WORDS - Words and phrases not defined in this code are construed according to the approved usage of the English language.

(Z) WEEK - Seven consecutive days, from Sunday to Saturday.

(AA) YEAR - A calendar year.

(`64 Code, Sec. 1-3)

SEC. 1-4. RULES OF INTERPRETATION.

Unless otherwise provided herein, the provisions of the Civil Code, Sections 13 and 1645, are hereby adopted in the interpretation of words and phrases used in this code.

(`64 Code, Sec. 1-4)

SEC. 1-5. TIE VOTE.

Where affirmative approval is required by the city council to grant a license, permit, application or privilege of any kind, a tie vote on the matter shall be deemed a denial.

(`64 Code, Sec. 1-4.1) (Ord. No. 1197)

SEC. 1-6. PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES.

The provisions appearing in this code, so far as they are the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

(`64 Code, Sec. 1-5)

SEC. 1-7. SEVERABILITY.

The city council declares its intention that the sections, paragraphs, sentences, clauses or phrases of this code are severable, and if any section, paragraph, sentence, clause or phrase of this code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this code.

(`64 Code, Sec. 1-6)

SEC. 1-8. HEADINGS OF CHAPTERS.

Chapter, article, division and section headings contained in this code shall not govern, limit, modify or affect the scope, meaning or intent of the provisions of particular chapters, articles, divisions or sections.

(`64 Code, Sec. 1-8)

SEC. 1-9. EFFECT OF REPEAL OF ORDINANCES.

(A) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinances repealed became effective.

(B) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal became effective, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(`64 Code, Sec. 1-9)

SEC. 1-10. VIOLATION OF THE CODE.

(A) The violation of any provision of the code or other ordinance shall be punishable by a fine of $1,000 or imprisonment of six months, or both, as a general misdemeanor.

(B) Any violation of any provision of the code or other ordinance may, in the discretion of the city attorney, be prosecuted as:

(1) An infraction;

(2) A civil citation; or

(3) A civil injunction.

(C) Every violation that the city attorney prosecutes as an infraction shall be punishable as follows:

(1) A fine not exceeding $100 for a first violation of a code section or ordinance;

(2) A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and

(3) A fine not exceeding $500 for the third and every additional violation of the same code section or ordinance within one year.

(D) Each day that a violation of the code or other ordinance continues shall constitute a new and separate offense and may be prosecuted as such.

(E) No person shall cause, use, occupy or maintain any violation of any code section or any ordinance or to cause the same to be done.

(F) The city council finds and determines that any continuing violation of any code section or ordinance shall be deemed a public nuisance and may be summarily abated as such by the city manager.

(`64 Code, Sec. 1-10) (Ord. No. 1393, 1568, 1616, 2056, 2394, 2489)

SEC. 1-11. UNLAWFUL ACTS.

Whenever this code makes any act or omission unlawful that includes causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(`64 Code, Sec. 1-11)

SEC. 1-12. CITY SEAL.

The official seal of the city shall have inscribed thereon the following words, to-wit: “City of Oxnard, State of California, incorporated June 30, 1903,” and the same is hereby adopted as the common seal of the city.

(`64 Code, Sec. 1-26)

SEC. 1-13. OFFICIAL FLOWER.

The official flower of the city shall be the geranium.

(`64 Code, Sec. 1-27) (Ord. No. 492)