Siskiyou County Municipal Code Ch. 3 Rules of Construction

Unless the provisions of the context otherwise specify, 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.

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All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold them according to their former tenure.

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" means a section of this Code, unless some other source is specifically mentioned. "Subsection" means a subsection of the section in which the term occurs unless some other section is expressly mentioned.

This Code shall refer only to the omission or commission of acts within the territorial limits of the County over which the County has jurisdiction or control by virtue of the Constitution of the State 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, it shall be made in writing in the English language unless it is expressly provided otherwise.

Whenever a reference is made to any portion of this Code, or to any ordinances of the County, the reference shall apply to all amendments and additions now or hereafter made.

Whenever a notice is required to be given under this Code, unless different provisions are otherwise specifically made in 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 of deposit in the Post Office.

Proof of giving any notice may be made by the certificate of any officer or employee of the County or by affidavit of any person over the age of eighteen (18) years, which shows service in conformity with 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 terms and words as used herein are defined as follows:

(a) "Board" shall mean the Board of Supervisors of the County;

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

(c) "County" shall mean the County of Siskiyou;

(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) "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.

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

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

(n) "Property" shall mean both real and personal property.

(o) "Quarterly", when 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.

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

(q) "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.

(r) "Shall" shall be mandatory.

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

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

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

(v) "Officially terminated", as used in this Code with reference to County employees, shall mean the termination of a County employee's services after his resort to the termination procedures set forth in the termination of employment procedure set out by resolution of the Board on February 28, 1967, as amended by the resolution adopted by the Board dated April 28, 1970. In other words, an employee of the County shall not have been officially terminated until he has exhausted his rights of appeal and the resolutions stated in this subsection. If he is ordered reinstated, reinstated to another County position, or employed by another County department before a final determination of his appeal under the termination of employment procedures heretofore or hereafter adopted by the Board, he shall not be considered to have been officially terminated.

(Amended by § I, Ord. 516, eff. October 13, 1970)