Tehama Municipal Code Ch. 1.04 General Provisions

The following words and phrases, whenever used in the ordinances of the city of Tehama, 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:

"City" means the city of Tehama or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

"Council" means the city council of the city of Tehama. "All its members" or "all council members" means the total number of council members holding office.

"County" means the county of Tehama.

"Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"May" is permissive.

"Month" means a calendar month.

"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 cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

"Owner," applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

"Person" means and 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.

"Personal property" means and includes money, goods, chattels, things in action and evidences of debt.

"Preceding" and "following" mean next before and next after, respectively.

"Property" means and includes real and personal property.

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

"Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

"State" means the state of California.

"Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the city 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.

"Tenant" and "occupant," applied to a building or land, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.

"Written" means and includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

"Year" means a calendar year.

(Ord. 154 § 1, 2000)

All 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. 154 § 2, 2000)

The following grammatical rules shall apply in the ordinances of the city 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. 154 § 3, 2000)

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

(Ord. 154 § 4, 2000)

Whenever in the ordinances of the city 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. 154 § 5, 2000)

Except 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 day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

(Ord. 154 § 6, 2000)

The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.

(Ord. 154 § 7, 2000)

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

(Ord. 154 § 8, 2000)

Where an act, event or condition is declared to be a public nuisance in the ordinances of the city of Tehama, such act, event or condition may be enforced by the Tehama County sheriff's office. The use of the county's services in no way limits the city's right to use any other designated agent to enforce the abatement of a public nuisance as set forth in the Code of Ordinances herein.

(Ord. No. 183, 10-11-11)

In addition to any other remedy available to the city in law or equity, where an act, event or condition, declared to be a public nuisance, remains unabated, in whole or in part, after the last date to abate the nuisance has passed, the city of Tehama may issue a civil penalty to the offending party(ies) in the amount of one hundred dollars ($100.00) per day for each day that the nuisance continues to exist, until completely abated. A civil penalty issued pursuant to this section may be enforced by administrative or judicial process.

(Ord. No. 184, 10-11-11)