Ukiah Municipal Code Ch. 1 General Provisions

SECTION:

This Code shall be known as and may be cited as the CITY CODE OF THE CITY OF UKIAH or as the UKIAH CITY CODE. (Ord. 539, §3, adopted 1961)

The provisions of this Code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as reinstatements and continuations, and not as new enactments. (Ord. 539, §3, adopted 1961)

All persons who at the time this Code takes effect, hold office or employment under any of the acts or ordinances repealed by this Code, which offices or employments are continued by this Code, continue to hold them according to their former tenure. (Ord. 539, §3, adopted 1961)

No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by this Code, but all procedure thereafter taken therein shall conform to the provisions of this Code as far as possible. (Ord. 539, §3, adopted 1961)

Unless the provision or the context otherwise requires, these general provisions, rules of construction, and definitions shall govern the construction of this Code. (Ord. 539, §3, adopted 1961)

Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this Code. (Ord. 539, §3, adopted 1961)

The references to ordinances, sections, subsections and date of adoption contained in parenthesis immediately below each section of this Code are intended for the information and assistance of persons using this Code and do not in any manner affect the scope, meaning or intent of the provisions of this Code. (Ord. 539, §3, adopted 1961)

The cross references, historical notes, and editorial comment appearing in this Code are intended for the information and assistance of persons using this Code and do not in any manner affect the scope, meaning or intent of the provisions of this Code. (Ord. 539, §3, adopted 1961)

Whenever a power is granted to, or a duty is imposed upon, an officer of the City of Ukiah, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this Code expressly provides otherwise. (Ord. 539, §3, adopted 1961)

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. (Ord. 539, §3, adopted 1961)

Whenever reference is made to any portion of this Code or of any law of this state, the reference applies to all amendments and additions now or hereafter made. (Ord. 539, §3, adopted 1961)

"Section" means a section of this Code unless other statute is specifically mentioned. "Subsection" means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. (Ord. 539, §3, adopted 1961)

The present tense includes the past and future tenses; and the future, the present. (Ord. 539, §3, adopted 1961)

The masculine gender includes the feminine and neuter. (Ord. 539, §3, adopted 1961)

The singular number includes the plural, and the plural the singular. (Ord. 539, §3, adopted 1961)

"Shall" is mandatory and "may" is permissive. (Ord. 539, §3, adopted 1961)

"Oath" includes affirmation. (Ord. 539, §3, adopted 1961)

"Signature" or "subscription" includes 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 to a sworn statement only when two witnesses so sign their own names thereto. (Ord. 539, §3, adopted 1961)

"Person" includes any person, firm, association, organization, partnership, business trust, corporation or company. (Ord. 539, §3, adopted 1961)

"City" means the City of Ukiah, unless a different meaning clearly appears. (Ord. 539, §3, adopted 1961)

"State" means the State of California, unless a different meaning clearly appears. (Ord. 539, §3, adopted 1961)

"Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. (Ord. 539, §3, adopted 1961)

"Hearing Officer" means an individual appointed by the City Council to hear and decide appeals of certain decisions made by City officials and entities. "Hearing Officer" includes one or more persons appointed by the City Council to perform the role of Hearing Officer as provided in this code. A hearing officer must be an attorney or must be otherwise qualified by training, education, or work experience to hear and decide appeals. A Hearing Officer must be impartial and must have no personal or business relationship with the City other than the contract with the City to perform the duties of the Hearing Officer. Unless otherwise provided in a State or Federal law prescribing a shorter time period, judicial review of all decisions of the Hearing Officer must be filed in compliance with Code of Civil Procedure Section 1094.5 and within the time prescribed by section 1094.6 of this code. (Ord. 1169, §1, adopted 2016)

If any provisions of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of the Code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Ord. 539, §3, adopted 1961; Ord. 1169, §1, adopted 2016. Formerly §23.)