Santa Clara County Municipal Code Ch. I Definitions, Applicability and Rules of Construction

This Code shall be known as the "County of Santa Clara Ordinance Code," and it shall be sufficient to refer to said Code as the "Santa Clara County Code" in any prosecution for the violation of any of the provisions hereof.

(Ord. No. NS-300.735, § 1, 10-19-04)

Whenever reference is made to any portion of this Code, the reference applies to all amendments and additions now or hereafter made.

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Similar provisions, Government Code § 9.

Unless the provisions or the context of this Code otherwise require, the general provisions, rules of construction, and definitions set out in this division shall govern the construction of this Code.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 1, 11-15-22)

The history notes appearing in parentheses after each section and the editor's notes and cross reference notes throughout the Code are for the benefit of the user of the Code and shall not be considered as part of the text of the Code.

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Similar provisions, Government Code § 2.

If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Code. The Board of Supervisors hereby declares that it would have adopted this Code, and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be held invalid.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 2, 11-15-22)

State Law reference— Similar provisions, Government Code § 23.

Title, division, chapter, article, or section headings when 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, division, chapter, article, or section.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 3, 11-15-22)

State Law reference— Similar provisions, Government Code § 6800.

The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is an official County holiday, and then it is also excluded.

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Similar provisions, Government Code § 6800.

This Code is applicable in the unincorporated territory of the County of Santa Clara and to that territory within the corporate limits of any city over which the County has jurisdiction or control by virtue of the Constitution or any law, by reason of ownership or control of property, or by virtue of any agreement between the County and any city within the territorial limits of the County.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 4, 11-15-22)

Whenever a power is granted to or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of such officer or by a person otherwise duly authorized pursuant to law, unless this Code expressly provides otherwise.

(Ord. No. NS-300.735, § 1, 10-19-04)

For the purposes of this Code, all words not otherwise defined in this Code shall have the meanings determined by the laws of this state and the decisions of the courts of this state.

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Definitions for Government Code, Government Code § 8 et seq.

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

(Ord. No. NS-300.735, § 1, 10-19-04)

"And" may be read as "or," and "or" may be read "and" if the context requires it.

(Ord. No. NS-300.735, § 1, 10-19-04)

As used in this Code, "Board of Supervisors" or "Board" shall mean the Board of Supervisors of the County of Santa Clara, State of California.

(Ord. No. NS-300.735, § 1, 10-19-04)

As used in this Code, "Charter" shall mean the Charter of the County of Santa Clara.

(Ord. No. NS-300.735, § 1, 10-19-04)

As used in this Code, "Code" shall mean the County of Santa Clara Ordinance Code, as provided in section A1-1.

(Ord. No. NS-300.735, § 1, 10-19-04)

As used in this Code, "Controller" shall mean the controller and ex officio auditor of the County.

(Ord. No. NS-300.735, § 1, 10-19-04)

As used in this Code, "County" is the County of Santa Clara, State of California.

(Ord. No. NS-300.735, § 1, 10-19-04)

As used in this Code, "Department Head" shall mean the head of the Issuing Department.

(Ord. No. NS-300.967, § 6, 11-15-22)

As used in this Code, "deputy," when used alone, shall mean any person employed by or under contract to the County who acts for the Department Head under the direction of and subordinate to the Department Head or their assistant, when appointed pursuant to law.

(Ord. No. NS-300.967, § 5, 11-15-22)

Editor's note— Sec. 5 of Ord. No. NS-300.967, directed for the renumbering of § A1-13.1 as § A1-13.2.

As used in this Code, "Enforcement Officer" shall mean, with respect to any law, ordinance, or regulation, any County employee or agent of the County authorized to enforce that law, ordinance, or regulation.

(Ord. No. NS-300.967, § 7, 11-15-22)

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

(Ord. No. NS-300.735, § 1, 10-19-04)

As used in this Code, the masculine gender includes the feminine, and the feminine includes the masculine. Gender neutral language includes both the masculine and the feminine.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 8, 11-15-22)

State Law reference— Similar provisions, Government Code § 12.

As used in this Code, "Hearing Officer" shall mean the person designated by the County Executive to conduct the administrative hearings provided for in this Code.

(Ord. No. NS-300.967, § 9, 11-15-22)

As used in this Code, "Issuing Department" shall mean the County department that issues a notice or order and that has authority and responsibility for enforcing the law, ordinance, or regulation that is the subject of the notice or order.

(Ord. No. NS-300.967, § 10, 11-15-22)

As used in this Code, "Notice of violation" shall mean a notice that there is a violation of the Ordinance Code or state law, issued in any written format such as a letter or form notice.

(Ord. No. NS-300.967, § 11, 11-15-22)

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

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Similar provisions, Government Code § 13.

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 County of Santa Clara.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 12, 11-15-22)

For the purposes of this Code, the term "officers and employees" shall mean all incumbents, officers, and employees.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 13, 11-15-22)

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

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 14, 11-15-22)

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

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 15, 11-15-22)

As used in this Code, "person," except as otherwise provided herein, shall mean any natural person, firm, for-profit or non-profit corporation, partnership, club, or any association or combination of natural persons, whether acting by themselves or through any servant, agent, or employee.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 16, 11-15-22)

State Law reference— Similar provisions, Government Code § 17.

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

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 17, 11-15-22)

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

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Similar provisions, Government Code § 14.

As used in this Code, "state" is the State of California.

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Similar provisions, Government Code § 18.

As used in this Code, "summary abatement" means any immediate action the County may take on public or private property and any adjacent property reasonably necessary to remove or alleviate a nuisance that constitutes a dangerous condition or an imminent threat to public health, safety, or welfare.

(Ord. No. NS-300.967, § 18, 11-15-22)

As used in this Code, "supervisor" shall mean a member of the Board of Supervisors of the County of Santa Clara.

(Ord. No. NS-300.735, § 1, 10-19-04)

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

(Ord. No. NS-300.735, § 1, 10-19-04)

State Law reference— Similar provisions, Government Code § 11.

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

(Ord. No. NS-300.735, § 1, 10-19-04)