[CC §12.010]
All general provisions, terms, phrases and expressions contained
in this Code shall be liberally construed in order that the true intent
and meaning of the City Council may be fully carried out. Technical
words and phrases having a peculiar and appropriate meaning in law
shall be understood according to the technical import.
[CC §12.020]
The headings of the Chapters and Sections of this Code are intended
as guides and not as part of this Code for purposes of interpretation
or construction.
[CC §12.030]
The provisions appearing in this Code, so far as they are in
substance the same as those of ordinances existing at the time of
the adoption of this Code, shall be considered as a continuation thereof
and not as new enactments.
[CC §12.040]
Whenever any ordinance or part of an ordinance shall be repealed
or modified, either expressly or by implication, by a subsequent ordinance,
the ordinance or part of an ordinance thus repealed or modified shall
continue in force until the subsequent ordinance repealing or modifying
the prior ordinance shall go into effect unless therein otherwise
expressly provided; but not suit, prosecution, proceeding, right,
fine or penalty instituted, created, given, secured or accrued under
any ordinance previous to its repeal shall in anywise be affected,
released or discharged but may be prosecuted, enjoyed and recovered
as fully as if such ordinance or provisions had continued in force,
unless it shall be therein otherwise expressly provided.
[CC §12.050]
When an ordinance repealing a former ordinance, clause or provision
shall itself be repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision unless it be expressly
so provided and such former ordinance, clause or provision is set
forth at length.
[CC §12.060]
It is hereby declared to be the intention of the City Council
that the Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
Section, or Chapter of this Code shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of any Court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, Sections, and Chapters of this Code since the same would
have been enacted by the City Council without the incorporation in
this Code of any such unconstitutional or invalid phrase, clause,
sentence, paragraph, or Section.
[CC §12.070]
Except as otherwise specifically provided or indicated by the
context, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code, but shall
extend to and include the time of the happening of any act, event,
or requirement for which provision is made herein, either as a power,
immunity, requirement, or prohibition.
[CC §12.080]
A. Whenever
notice may be required under the provisions of this Code or other
City ordinance, the same shall be served in the following manner.
1. By delivering the notice to the owner personally or by leaving the
same at his residence, office or place of business with some person
of suitable age and discretion, or
2. By mailing said notice by certified or registered mail to such owner
at his last known address, or
3. If the owner is unknown, or may not be notified under the requirements of Subsection
(1) or
(2) hereof, then by posting said notice in some conspicuous place on the premises at least five (5) days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal, or tear down any official notice or placard posted by any City Officer, unless permission is given by said Officer.
[CC §12.090]
The provisions of the preceding Section shall not apply to those
Chapters of this Code wherein there is a separate definition of notice.
[CC §12.100]
In computing any period of time prescribed or allowed by this
Code or by any notice or order issued pursuant thereto, the day of
the act, event or default after which the designated period of time
begins to run is not to be included. The last day of the period so
computed is to be included, unless it is a Sunday or a legal holiday,
in which event the period runs until the end of the next day which
is neither a Sunday nor a legal holiday. When the period of time prescribed
or allowed is less than seven (7) days, intermediate Sundays and legal
holidays shall be excluded in the computation. A half holiday shall
be considered as other days and not as a legal holiday.
[Ord. No. 845 §1, 5-19-2008]
A. In
the event any person is unable, due to disability or act of God, to
procure a license or permit or is unable to complete any act required
in the Code within the time specified in the Code, the City Council
may, upon written request, extend the time for obtaining the license
or permit or the time to complete any required act set forth in the
Code.
B. Any
request for extension shall be in writing and shall contain the following:
1. The disability or act of God preventing the completion of the act
or the procurement of the license or permit.
2. The period of extension requested.
3. Documentation reflecting the disability or act of God precluding
the applicant from completing any act required within the time specified.
C. The
Council, after reviewing the request, may grant an extension to a
date certain.
D. The
Council is prohibited from granting an extension in the following
cases:
1. Where an extension would jeopardize the public health and safety.
2. With regard to any time limits relating to proceedings in Municipal
Court.
3. For violation of the Traffic Code as set forth in Chapters
300 —
375 of the Code.
4. For violations of offense set forth in Chapter
225 of the Code.
[CC §12.110]
When any subject matter, party or person is described or referred
to by words importing the masculine, females as well as males, and
associations and bodies corporate as well as individuals, shall be
deemed to be included.
[CC §12.120]
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons.
[CC §12.130]
When any subject matter, party or person is described or referred
to by words importing the singular number, the plural and separate
matters and persons and bodies corporate shall be deemed to be included;
and when words importing the plural number are used, the singular
shall be deemed to be included.