Tuolumne County Municipal Code Ch. 1.04 General Provisions

Sections:

• 1.04.010

• Definitions.

• 1.04.020

• Title of office.

• 1.04.030

• Interpretation of language.

• 1.04.040

• Grammatical interpretation.

• 1.04.050

• Acts by agents.

• 1.04.060

• Prohibited acts include causing and permitting.

• 1.04.070

• Computation of time.

• 1.04.080

• Construction.

• 1.04.090

• Repeal shall not revive any ordinances.

• 1.04.100

• Security agreement authority.

• 1.04.110

• Untimely appeals to Board of Supervisors

and phrases, whenever used in the ordinances of the county of Tuolumne, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: 1. "Board" means the board of supervisors of the county of Tuolumne. 2. "Code" and "ordinance code" means the Tuolumne County Ordinance Code. 3. "County" means the county of Tuolumne. a. “Day” means calendar day, unless it is designated a “business day,” in which case it means a day the County department affected by the ordinance code section in which the term is used is open for business. 4. "General ordinance" means any ordinance establishing rules of conduct of a permanent or continuing nature prescribed for and affecting all residents of the county at large. 5. "Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the county, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. 6. "May" is permissive. 7. "Month" means a calendar month. 8. "Must" and "shall" are each mandatory.

"Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such words "affirm" and "affirmed." 10. "Owner" applied to a building or land includes any part owner, joint owner,
tenant in common, joint tenant, tenant by the entirety, or the whole or a part of such building or land. 11. "Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. 12. "Personal property" includes money, goods, chattels, things in action and evidences of debt. 13. "Preceding" and "following" mean next before and next after, respectively. 14. "Property" includes real and personal property. 15. "Real property" includes lands, tenements and hereditaments. 16. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. 17. "Special ordinance" means any ordinance establishing rules of

conduct applicable only to specific areas of the county. 18. "State" means the state of California. 19. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this 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 this state. 20. "Tenant" and "occupant" applied to a building or land include any person who occupies the whole or a part of such building or land, whether alone or with others. 21. "Written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. 22. "Year" means a calendar year.
(Ord. 2668 § 1, 2006; Ord. 1087 § 1 (part), 1980; Ord. § 1, 1970: prior code § 1-10).

any officer, employee, department, board or commission means that officer, employee, department, board or commission of the county. (Ord. 2707 § 2, 2006; Ord. 2668 § 3, 2006; Ord. 1087 § 1 (part), 1980: prior code § 1- 1.1).

words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 1087 § 1 (part), 1980: prior code § 1-1.2).

following grammatical rules shall apply in the ordinances of the County of Tuolumne, unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 1087 § 1 (part), 1980: prior code § 1-1.3).

required or authorized by this code, the act being one that may be performed as well by an agent as by the principal, the requirement or authorization shall be construed to include all acts performed by an authorized agent, and in the case of a county officer or employee, an authorized agent includes any county employee, or employee of another public agency, designated in writing. (Ord. 2314 § 109, 1999; Ord. 1087 § 1 (part), 1980: prior code § 1-1.4).

permitting. Whenever in the ordinances of the county any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Ord. 1087 § 1 (part), 1980: prior code § 1- 1.5).

when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday, Sunday or a holiday, in which case it shall also be excluded. (Ord. 2668 § 2, 2006; Ord. 1087 § 1 (part), 1980: prior code § 1-1.6).

the ordinances of the county and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 1087 § 1 (part), 1980: prior code § 1-1.7).

ordinances. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repeal the repealing clause of an ordinance or revive any ordinance which has

been repealed thereby. (Ord. 1087 § 1 (part), 1980: prior code § 1-1.8).

Wherever in this code it refers to a security agreement, the department head with administrative authority shall be authorized to execute the agreement on behalf of the county. (Ord. 2280 § 1, 1999).

Supervisors. Notwithstanding any provision in this code limiting the time within which an appeal to the Board of Supervisors must be filed, the Board may consider an appeal filed or submitted outside the time limit if the Board determines the untimely filing or submission was caused by incorrect advice given by a County employee, relied upon by the appellant, with respect to the time within which to appeal, provided this relief is available only when all of the following circumstances exist: A. The untimeliness of the appeal is raised for the first time at a hearing or meeting on the appeal before the Board of Supervisors, or the appellant files a written claim for relief under this section to the employee or office with which the appeal was filed or submitted within ten days of the mailing or delivery of a return of an untimely appeal. Any claim for relief filed after this period shall not be considered and shall be returned.

B. The employee giving the incorrect advice is employed by the department from which the appeal is taken, or is an employee of the office with which the appeal was filed or submitted.

C. The claim for relief under this section identifies the employee giving the incorrect advice.

D. An appeal was filed or submitted for filing within the period of time represented by the County employee as the correct period. (Ord. 2706 § 2, 2006; Ord. 2695 § 1, 2006)