Plumas County Municipal Code Ch. 3 Rules of Construction

Unless the provisions of this Code otherwise specifically provide, 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. 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.

The provisions of this Code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold such offices in accordance with the tenure originally granted such persons.

Title, chapter, article, 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 title, chapter, article, or section of this Code.

"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.

The provisions of this Code shall refer only to the omission or commission of acts within the territorial limits of the County and to that territory outside the County over which the County has jurisdiction or control by virtue of the Constitution of the State of California or any law, or by reason of ownership or control of property.

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.

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, such notice, report, statement, or record shall be made in writing in the English language unless this Code expressly provided otherwise.

Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the County unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code, or to any ordinance of the County, the reference shall apply to all amendments and additions made to this Code.

Whenever a notice is required to be given pursuant to the provisions of this Code, unless different provisions are otherwise specifically set forth in the text of the Code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the County 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 the notice is deposited in the post office.

Proof of giving any notice required to be given by the provisions of this Code may be made by the certificate of any officer or employee of the County or by the affidavit of any person over the age of eighteen (18) years, which affidavit shows service in conformity with the provisions of this Code or other provisions of law applicable to the subject matter concerned.

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

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

(a) "Board" shall mean the Board of Supervisors of the County of Plumas.

(b) "Calendar year" shall mean from January 1 through December 31 of any given year.

(c) "County" shall mean the County of Plumas.

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

(e) "Gender". The masculine gender shall include the feminine and neuter genders.

(f) "May" shall be permissive.

(g) "Month" shall mean a calendar month unless otherwise expressed.

(h) "Number". The singular number shall include the plural, and the plural number shall include the singular.

(i) "Oath" shall include affirmation.

(j) "Office". The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of this County, unless otherwise specified.

(k) "Officers".

(1) The Auditor may also serve as the Controller, and the Controller may also serve as the Auditor.

(2) The Agricultural Commissioner may also serve as the Sealer of Weights and Measures, and the Sealer of Weights and Measures may also serve as the Agricultural Commissioner.

(3) The Chamber of Commerce Secretary-Manager may also serve as the Museum Curator, and the Museum Curator may also serve as the Chamber of Commerce Secretary-Manager.

(4) (Repealed by § 1, Ord. 85-614, eff. September 12, 1985)

(5) The Engineer-Surveyor may also serve as the Planning Director, and the Planning Director may also serve as the Engineer-Surveyor.

(6) The Health Officer may also serve as the County Physician, and the County Physician may also serve as the Health Officer.

(7) The Sheriff may also serve as the Coroner, and the Coroner may also serve as the Sheriff.

(8) The Treasurer may also serve as the Tax Collector, and the Tax Collector may also serve as the Treasurer.

(l) "Official time standard". Wherever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the County.

(m) "Operate" shall mean and include carrying on, keeping, conducting, or maintaining.

(n) "Owner", applied to a building or land, shall mean and include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

(o) "Person" shall mean and include any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city, county (except the County of Plumas), district in the County of Plumas, the State of California, or the United States of America, or any department or agency of any thereof, unless this Code expressly provides otherwise.

(p) "Personal property" shall mean and include money, goods, chattels, things in action, and evidences of debt.

(q) "P.C.O.C." shall mean the Plumas County Ordinance Code, adopted by Ordinance No. 400, dated July 8, 1958.

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

(s) "Quarterly", where used to designate a period of time, shall mean the first three (3) calendar months of any given year or any succeeding period of three (3) calendar months.

(t) "Real property" shall include lands, tenements, and hereditaments.

(u) "Road" shall mean and include all roads, streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the County which have been or may hereafter be dedicated and open to public use or such other public property so designated in any law of the State.

(v) "Sale" shall mean and include any sale, exchange, barter, or offer for sale.

(w) "Shall" shall be mandatory.

(x) "State" shall mean the State of California.

(y) "Tenant or occupant", applied to a building or land, shall mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.

(z) "Tenses". The present tense shall include the past and future tenses, and the future tense shall include the present tense.

(aa) "Vehicle" shall mean a device in, upon, or by which any person or property is or may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(§ 1, Ord. 85-614, eff. September 12, 1985)