Tustin Municipal Code Part 1 Construction of Code

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Tustin, California" and may be so cited. Such code may also be cited as the "Tustin City Code."

(TCC-1, Sec. 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. (TCC-1, Sec. 1-2 incl. all definitions unless otherwise marked.)

Appellant. Any person challenging an administrative citation or other administrative decision or determination for which an appeal is available pursuant to the provisions of this Code.

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

City Manager. The term "City Manager" means the City Manager of the City of Tustin or the designee of the City Manager.

Code. The words "the Code" or "this Code" shall mean "The Code of the City of Tustin, California."

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. (For similar State Law, see Gov. C., Sec. 6800.)

Council. Whenever the word "Council" is used in this Code, it shall be construed to mean the City Council of the City of Tustin.

County. The words "the County" or "this County" shall mean the County of Orange.

Day. A day is the period of time between any midnight and the midnight following. (For similar State Law, see Gov. C., Sec. 6806.)

Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise. (For similar State Law, see Gov. C., Sec. 12.)

Enforcement Officer. The term "Enforcement Officer" means any officer or employee specified or described in Section 1132 of the Tustin City Code.

Gender. The masculine gender includes the feminine and neuter. (For similar State Law, see Gov. C., Sec. 12.)

Hearing Examiner. Whenever in this Code, or any of the uniform codes adopted by this Code, the term "Hearing Examiner" is used, it shall be deemed to have the same meaning as and shall be interchangeable with the term "Hearing Officer".

Hearing Officer. The term "Housing Officer" means an individual who is appointed by the City Manager as set forth in Section 1167 of the Tustin City Code to conduct administrative hearings and take action in administrative proceedings as specified therein.

In the City. The words "in the City" shall mean and include 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. (See C.C., Sec. 12.)

Legal nonconforming. The term "legal nonconforming" shall have the meaning set forth in Section 9297.

Month. The word "month" shall mean a calendar month. (For similar State Law, see Gov. C., Sec. 6804.)

Number. The singular number includes the plural, and the plural the singular. (For similar State Law, see Gov. C., Sec. 13.)

Oath. "Oath" includes an affirmation. (For similar State Law, see Gov. C., Sec. 15.)

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Tustin, unless the context indicates otherwise.

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

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. "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company. (For similar State Law, see Gov. C., Sec. 17; C.C.P., Sec. 17.)

Personal property. Includes every species of property, except real property, as defined in this section. (See C.C., Secs. 14 and 663.)

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

Process. Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. (For similar State Law, see Gov. C., Sec. 22.)

Property. The word "property" shall include real and personal property. (See C.C., Sec. 14; C.C.P., Sec. 17.)

Public Safety Officer. The term "Public Safety Officer" means a police officer including the Police Chief or his designee, or the Fire Chief or the Fire Chief's designee, authorized under the laws of the State of California or this Code to enforce the provisions of the Tustin City Code. A "Public Safety Officer" is an "Enforcement Officer" as defined in this Section.

Real property. Shall include lands, tenements and hereditaments. (See C.C., Secs. 14 and 658.)

Responsible person. The term "responsible person" means the owner of property upon which a violation of the Tustin City Code occurs or continues to occur. This term shall also include any nonowner, occupant, or other person or entity in control of the property who is creating, causing, or maintaining any condition in violation of the Tustin City Code. The term "responsible person" also includes the parents of a minor who creates, causes or maintains any condition in violation of the Tustin City Code.

Shall, may. "Shall" is mandatory and "may" is permissive. (For similar State Law, see Gov. C., Sec. 14.)

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. (For similar State Law, see Gov. C., Sec. 16.)

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

Tenant or occupant. The word "tenant" or "occupant", applied to a building or land, shall include 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. (For similar State Law, see Gov. C., Sec. 11.)

Week. A week consists of seven consecutive days. (For similar State Law, see Gov. C., Sec. 6805.)

Writing. 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. (For similar State Law, see Gov. C., Sec. 8.)

Year. The word "year" shall mean a calendar year, except where otherwise provided. (For State Law definition of "year", see Gov. C., Sec. 6803.)

(Ord. No. 1329, Sec. 1, 2-20-07; Ord. No. 1358, Sec. 1, 11-4-08; Ord. No. 1397, Sec. 1, 11-15-11; Ord. No. 1428, Sec. 2, 5-7-13)

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.

(TCC-1, Sec. 1-3.)

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 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.

(TCC-1, Sec. 1-4.)

It is hereby 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.

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.

(TCC-1, Sec. 1-6)