Chapter 1.04 — GENERAL PROVISIONS

The ordinances embraced in the following titles, chapters and sections shall constitute and be designated "The Susanville Municipal Code," and may be so cited. (Prior code § 1.1)

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

City. The words "the city" or "this city" shall be construed as if followed by the words "of Susanville."

Code. The words "the code" or "this code" means "The Susanville Municipal Code."

Community Development Director. The words "community development director" shall be construed, in the absence of an individual holding that position, to mean the building and planning division of the city of Susanville public works department, the senior planner working within the building and planning division of the public works department or such other individual designated by the city manager to represent said department and division to perform the duties of the former community development director as set forth in and for purposes of implementation of this municipal code in that regard.

Computation of Time. 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 a holiday and then it is also excluded.

Council. The word "council" shall be construed to mean the city council of the city of Susanville.

County. The words "the county" or "this county" shall mean the county of Lassen.

Day. A "day" is the period of time between any midnight and the midnight following.

Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

Gender. The masculine gender includes the feminine and neuter.

In the City. The words "in the city" means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. The word "month" means a calendar month.

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

"Oath" means and includes affirmation.

Officers, Departments, etc. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the city of Susanville unless the context clearly indicates otherwise.

Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

"Person" means and includes any person, firm, association, organization, partnership, business trust, corporation or company.

"Personal property" means and includes every species of property, except real property, as herein defined.

Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

"Process" means and includes a writ of summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The word "property" shall include real and personal property.

Public Safety Chief.

1. Police chief, the words "police chief" and "chief of police" shall be construed, in the absence of an individual holding that position, to mean the public safety chief of the city of Susanville.

2. Fire chief, the words "fire chief" shall be construed, in the absence of an individual holding that position, to mean the public safety chief of the city of Susanville.

"Real property" means and includes lands, tenements and hereditaments.

Shall, May. "Shall" is mandatory and "may" is permissive.

Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

State. The words "the state" or "this state" shall be construed to mean the state of California.

Tenant or Occupant. The words "tenant" or "occupant," applied to a building or land, means and includes any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.

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

Time Standard. Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Savings Time as may be in current use in the city.

Week. A "week" consists of seven consecutive days.

"Writing" means and 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 otherwise provided.

Year. The word "year" means a calendar year, except where otherwise provided. (Prior code § 1.2; Ord. 10-974 § 1, 2010; Ord. 23-1040, 1/3/2024)

The word "town" is eliminated and dropped from the corporate name of the Town of Susanville and the word "city" is submitted therefore. The corporate name of this municipality is henceforth and hereon "City of Susanville." (Prior code § 1.3)

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. (Prior code § 1.4)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not effect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (Prior code § 1.5)

It is declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Prior code § 1.6)

The catchlines of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. (Prior code § 1.7)

• A. Whenever any officer or employee of the city is authorized to enter any building or premises for the purpose of making an inspection to enforce any ordinance, he or she may enter such building or premises at all reasonable times to inspect the same; provided, that he shall effect entry in the manner provided in subsection B of this section, except in emergency situations, or

when consent of the person having charge or control of such building or premises has been otherwise obtained.

• B. If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If consent to such entry is not given, the authorized officer or employee shall have recourse to every remedy provided by law to secure entry.

• C. The ordinance codified in this section shall be controlling over any other ordinance or part of an ordinance on the same subject, whether heretofore or hereafter adopted, unless such ordinance or part of an ordinance provides differently by an express reference to this section. Notwithstanding any other ordinance of this city, whether heretofore or hereafter adopted, it shall not be a violation of this section to refuse or fail to consent to an entry for inspection.

• (Prior code § 1.15)