Tiburon Municipal Code § 1-10 Recovery of collection costs

The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the Town of Tiburon, California," and may be so cited. Such Code may also be cited as the "Tiburon Municipal Code."

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

Code. The words "the Code" or "this Code" mean "The Municipal Code of the Town of Tiburon, California," any town ordinance, as well as any codes as have been incorporated by reference.

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 or town council. Whenever the words "council" or "town council" are used, they shall be construed to mean the town council of the Town of Tiburon.

County. The words "the county" or "this county" mean the County of Marin.

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 town. The words "in the town" mean and include all territory over which the town 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, unless otherwise specified.

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

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

Oath. "Oath" includes affirmation.

Officer, department, etc. Every officer, department, board, commission or similar body mentioned in this Code shall mean an officer, department, board, commission or similar body of the Town of Tiburon, unless otherwise specified.

Official time. Whenever certain hours are named herein, they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the town.

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

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

Personal property. "Personal property" 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.

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

Real property. "Real property" shall include 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 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, shall include owners or any person holding a written or an 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.

Town. The words "the town" or "this town" shall be construed as if followed by the words "of Tiburon."

Week. A week consists of seven consecutive days.

Writing. "Writing" includes any form of a 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.

Year. The word "year" means a calendar year, except where otherwise provided. (Amended during 1999 supplement; Ord. No. 439 N.S., § 2)

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.

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

The repeal of an ordinance shall not affect 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.

It is declared to be the intention of the town 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 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 phrases, clauses, sentences, paragraphs and sections of this Code.

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.

(a) Unless otherwise designated in a particular provision, whenever a notice is required to be given under this Code, such notice may be given by:

(1) Personal delivery thereof to the person to be notified;

(2) Deposit in the United States mail in a sealed envelope, postage prepaid;

(3) Overnight delivery service; or by

(4) Certified mail.

(b) Notice by deposit in the United States mail, by overnight delivery service, or by certified mail, shall be addressed to such person to be noticed, at his last known business or residence address as the same appears in the public records or other records pertaining to the matters to which such notice is directed.

(c) Notice by deposit in the United States mail or certified mail shall be deemed complete at the time of deposit; but unless the court prescribes a shorter period of time, any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after a paper is served by mail is extended five days if the place of address is within the state of California, ten days if the place of address is outside the state of California but within the United States, or twenty days if the place of address is outside the United States.

(d) Notice by overnight delivery shall be deemed complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by overnight delivery shall be extended by two court days, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to vacate judgment pursuant to Code of Civil Procedure, section 663a, or notice of appeal.

(Ord. No. 439 N.S., § 5)

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

(Ord. No. 439 N.S., § 6)

There is adopted a new official seal of the town, having around its perimeter the words "Town of Tiburon, California, Inc. 1964" and bearing in the center of such seal a stylized representation of a shark rampant.

(Ord. No. 8 N.S., § 1; Ord. No. 23 N.S., § 1)

Any person who fails to pay any fee, charge, municipal tax or other amount owed to the town shall be liable in any action brought by the town for all costs incurred in securing payment of the delinquent amount, including but not limited to, costs of staff time, other administrative costs and attorneys' fees.

Such collection costs shall be in addition to any penalties, interest, and late charges imposed pursuant to state law or to an ordinance or resolution of the town council.

(Ord. No. 439 N.S., § 7)

(a) Change of corporate designation. Pursuant to the provisions of section 34511 of the Government Code, the word "City" shall be eliminated from the corporate name and the word "Town" substituted in its place and stead, such that henceforth the corporate name shall be "Town of Tiburon."

(Ord. No. 209 N.S., § 1)