Unless the provisions of this Code otherwise specifically provide,
or the context of this Code indicates to the contrary, the general
provisions, rules of construction, and definitions set forth in this
chapter shall govern the construction of this Code. The provisions
of this Code and all proceedings under it are to be construed with
a view to effect its objectives and to promote justice.
(Ord. 10 § 9, 1979)
The provisions of this Code, insofar as they are substantially
the same as existing ordinances relating to the same subject matter,
shall be construed as restatements and continuations and not as new
enactments.
(Ord. 10 § 10, 1979)
All persons who, at the time this Code takes effect, hold office
under any of the ordinances repealed by this Code, which offices are
continued by this Code, shall continue to hold such offices in accordance
with the tenure originally granted such persons.
(Ord. 10 § 11, 1979)
The title, chapter, article, and section headings contained
in this Code shall not be deemed to govern, limit, modify, or in any
manner affect the scope, meaning, or intent of the provisions of any
title, chapter, article, or section of this Code.
(Ord. 10 § 12, 1979)
The Council finds that it is desirable and in the public interest
to establish a municipal code in order to provide a scheme of organization
for the classification and grouping of ordinances which the Council
may adopt. The Council intends in adopting ordinances of a general
and permanent nature to provide for their placement in accordance
with the scheme of the Code. This will provide the user with a convenient
and logical compilation of the ordinances of the City. The Code is
adopted under the provisions of
Government Code Sections 50022.1 through
50022.8.
(Ord. 10 § 1, 1979)
"Section" means a section of this Code unless some other source
is specifically set forth. "Subsection" means a subsection of the
section in which the term occurs, unless some other section is expressly
set forth.
(Ord. 10 § 13, 1979)
Whenever a power is granted to, or a duty is imposed upon, a
public officer or employee, the power may be exercised or the duty
may be performed by a deputy of such officer or employee or by a person
otherwise duly authorized pursuant to law or ordinance, unless this
Code expressly provides otherwise.
(Ord. 10 § 15, 1979)
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, such notice, report,
statement, or record shall be made in writing in the English language
unless this Code expressly provides otherwise.
(Ord. 10 § 16, 1979)
Whenever any reference in this Code is made to an ordinance,
the reference shall apply to such ordinance of the City unless this
Code expressly provides otherwise. Whenever any reference is made
to any portion of this Code, or to any ordinance of the City, the
reference shall apply to all amendments and additions to this code.
(Ord. 10 § 17, 1979)
Whenever a notice is required to be given pursuant to the provisions
of this Code, unless different provisions are otherwise specifically
set forth in the text of the Code, such notice may be given either
by personal delivery thereof to the person to be notified or by deposit
in the United States mail in a sealed envelope, postage prepaid, addressed
to such person to be notified at his or her last known business or
residence address as such address appears in the public records of
the City or other records pertaining to the matter to which such notice
is directed. Service by mail shall be deemed to have been completed
at the time the notice is deposited in the post office.
(Ord. 10 § 18, 1979)
Proof of giving any notice required to be given pursuant to
the provisions of this Code may be made by the certificate of any
officer or employee of the City or by the affidavit of any person
over the age of 18 years, which affidavit shows service in conformity
with the provisions of this Code or other provisions of law applicable
to the subject matter concerned.
(Ord. 10 §19, 1979)
When a limitation or period of time prescribed in any existing
ordinance or statute for acquiring a right or barring a remedy, or
for any other purpose, has begun to run before this Code goes into
effect, the time which has already run shall be deemed a part of the
time prescribed as such limitation.
(Ord. 10 § 20, 1979)
For the purposes of this Code, unless otherwise apparent from
the context, certain words and phrases used in this Code are defined
as follows:
"Calendar year"
means from January 1st through December 31st of any given
year.
"City"
means the City of Atascadero.
"City Clerk"
means the City Clerk of the City of Atascadero.
"City Manager"
means the appointed official of the City who occupies the
position as chief administrative officer of the City.
"Council"
means the City Council of the City.
"County"
means the County of San Luis Obispo.
"Fiscal year"
means from July 1st of any given year through June 30th of
the following year.
Gender.
The masculine gender includes the feminine and neuter genders.
"Goods"
means and includes wares and merchandise.
"May"
shall be permissive.
"Month"
means a calendar month unless otherwise expressed.
Number.
The singular number includes the plural, and the plural number
includes the singular.
Office.
The use of the title of any officer, employee, office, or
ordinance means such officer, employee, office, or ordinance of the
City unless otherwise specified.
Official Time Standard.
Wherever certain hours are named in this Code, they mean
standard time or daylight saving time as may be in current use in
the City.
"Operate"
means and includes carrying on, keeping, conducting, or maintaining.
"Owner,"
applied to a building or land, includes any part owner, joint
owner, tenant, tenant in common, or joint tenant of the whole or a
part of such building or land.
"Person"
includes any person, firm, company, corporation, partnership,
association, public corporation, political subdivision, city (except
the City of Atascadero), the County, any district in the County, the
State, or the United States of America, or any department or agency
of any thereof, unless the applicable law or this Code expressly provides
otherwise.
"Quarterly,"
where used to designate a period of time, means the first
three calendar months of any given year or any succeeding period of
three calendar months.
"Sale"
includes any sale, exchange, barter, or offer for sale.
"Must" and "shall"
are each mandatory except in reference to acts or omissions
of the City, Council, or any board, commission, officer, agent, or
employee of the City while acting in the course and scope of their
duties or employment. Within this exception "must" and "shall" are
directory only.
"State"
means the State of California.
"Street"
includes all streets, highways, avenues, boulevards, alleys,
courts, places, squares, 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 the State.
"Tenant or occupant,"
applied to a building or land, includes any person who occupies
the whole or a part of such building or land, whether alone or with
others.
Tense.
The present tense includes the past and future tenses, and
the future tense includes the present tense.
(Ord. 10 § 21, 1979; Ord. 87 § 1, 1984)
Notwithstanding any other provision of the law, no City ordinance,
resolution, policy, rule, or regulation with the force of law presently
in effect, or hereafter adopted or enacted, will impose a mandatory
duty upon the City, Council, or any board, commission, officer, agent
or employee of the City while acting in the course and scope of their
duties or employment.
(Ord. 87 § 2, 1984)
The appellant shall file a notice of appeal with the City Clerk
within 14 days after the receipt of the notice of the administrative
decision concerned.
(Ord. 10 § 23, 1979)
Upon the filing of the notice of appeal in proper form, the
City Clerk shall place the matter on the Council agenda for the next
regular meeting of the Council which will be held at least five days
after the date of the filing of the notice of appeal. Except in cases
of emergency when the Council may determine the matter immediately,
the Council shall set the matter for hearing at a subsequent meeting,
but in no event later than 30 days after the date of the filing of
the notice of appeal with the City Clerk. The City Clerk shall cause
a written notice of the hearing to be given to the appellant not less
than five days prior to such hearing, unless such notice is waived
in writing by the appellant.
(Ord. 10 § 24, 1979)
At the hearing required by the provisions of Section
1-2.15, the appellant shall show cause on the grounds set forth in the notice of appeal why the action appealed from should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.
(Ord. 10 § 25, 1979)