Unless the provisions of the context otherwise require, these general provisions, rules of construction and definitions 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 objects and to promote justice.
(Prior code § 1-011)
Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter or section hereof.
(Prior code § 1-012)
This code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of this City over which the City has jurisdiction or control by virtue of the Constitution, Charter or any law, or by reason of ownership or control of property.
(Prior code § 1-013)
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.
(Prior code § 1-015)
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.
(Prior code § 1-016)
Whenever a reference is made to any portion of this code, or to any ordinances of this City, the reference applies to all amendments and additions now or hereafter made.
(Prior code § 1-017)
A. 
Whenever any notice is required to be given under this code, the notice shall be served in the following manner unless a different procedure is specifically stated to apply:
1. 
Personal service; posting the notice conspicuously on or in front of the property; or certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail to the responsible person. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail.
2. 
Mailings to the property owner shall be sent to the address listed in the last equalized assessment roll of the San Joaquin County Assessor.
3. 
In the event the responsible person is someone other than the property owner, a copy of the notice shall also be mailed to the property owner.
B. 
Service by certified or regular mail in the manner described above shall be effective on the date of mailing.
C. 
The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.
D. 
The notice requirements in this section do not apply to initial notices of violation which may be sent by regular mail. Service of a notice of violation by regular mail is effective on the date of mailing.
(Prior code § 1-018; Ord. 2021-11-02-1201 C.S. § 1)
Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.
(Prior code § 1-019)
Whenever a document is recorded with the County Recorder as authorized or required by the Municipal Code or applicable State codes, recordation shall provide constructive notice of the information contained in the recorded documents.
(Prior code § 1-019.1)
"Abatement"
means any action the City may take to remove or alleviate a nuisance including, but not limited to, demolition, removal, repair, cleaning, boarding and securing or replacement of property.
"Across"
includes along, in or upon.
"Administrative order"
means an order issued by an Administrative Hearing Officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay administrative fines, civil penalties, administrative costs, authorize the City to abate a public nuisance, assess a code enforcement lien or take any other action as authorized or required by this code and applicable State codes.
"Assessment lien"
means a lien recorded with the San Joaquin County Recorder's Office for the purposes of collecting outstanding administrative citation fines, civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action. It shall also mean the same as a code enforcement lien.
"Backyard"
means that portion of property between the back of the building and the rear property line.
"Building"
means any structure having a roof supported by columns or walls used or intended to be used for commercial or residential purposes for the shelter or enclosure of persons, animals or property.
"City"
means the area within the territorial City limits of the City of Stockton and such territory outside of this City over which the City has jurisdiction or control by virtue of any constitutional or charter provisions, by contract, or any law.
"City Manager"
means the appointed official of the City who occupies the position as the Chief Administrative Officer of the City.
"Code Enforcement Officer"
means a person authorized to enforce violations of the Municipal Code, Uniform Codes and applicable State codes within their department's jurisdiction.
"Council"
means the City Council of this City.
"County"
means the County of San Joaquin.
"Debris"
shall mean the same as junk.
"Director"
means and include each of the Directors of the following City departments: Community Development, Public Works, Parks and Recreation, Revitalization, Municipal Utilities, Finance, and the Fire and Police Chiefs and any of their designated agents or representatives within their jurisdiction.
"Firewood"
means wood cut to fireplace length that has been neatly stacked.
"Front yard"
means that portion of property between the street and a building, excluding any porch areas.
"Goods"
means and includes wares and merchandise.
"Hearing Officer"
means any person appointed by the City Manager to preside over administrative hearings.
"Imminent health and safety hazard"
means any condition which creates a present and immediate danger to life, property, health or public safety.
"Junk"
means any cast-off, damaged, discarded, junked, salvaged, scrapped, worn-out or wrecked object, thing or material including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, cardboard, plastic or other synthetic substance, fiber, glass, plaster, plaster of Paris, rubber, terra cotta, wool, cotton cloth, canvas, wood, metal, sand, organic matter (excluding compost not in public view) or other substance.
"Notice and order"
means a document used in abatement actions and assessment of civil penalties involving serious code violations which provide notice of Municipal Code, Uniform Code or applicable State code violations and orders a responsible person to take certain steps to correct the violations within a definitive period of time. Civil penalties may also be imposed in conjunction with this notice.
"Notice of compliance"
means a document issued by a Director which represents that a property has been brought into compliance with the criteria set forth under this code.
"Notice of satisfaction"
means a document or form which indicates that all outstanding civil penalties and costs have either been paid in full, or that the City has negotiated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outstanding debt.
"Notice of violation"
means a written notice which informs a responsible person of code violations present on the subject property, lists the required compliance actions and contains specific information as required by the Municipal Code. This document may be recorded.
"Oath"
means and includes affirmation.
"Office"
means the use of the title of any officer, employee, office, ordinance, or Charter and shall mean such officer, employee, office, ordinance, or Charter of the City of Stockton.
"Operate" or "engage in"
includes carry on, keep, conduct, maintain, or cause to be kept or maintained.
"Owner"
applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.
"Person,"
unless it otherwise appears from the context as used, includes any person, firm, association, organization, partnership, business trust, company, corporation, public agency, school district, the State of California, its political subdivisions and/or instrumentalities thereof or any other entity which is recognized by law as the subject of rights or duties.
"Premises"
means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent street.
"Property owner"
means the record owner of real property as listed on the last equalized assessment roll as maintained by the San Joaquin County Assessor.
"Public nuisance"
means any condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare which is injurious to the senses or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth under the California Civil Code.
"Responsible person"
means a person who a Director determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of the Municipal Code, Uniform Code or applicable State Codes. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property.
"Sale"
includes any sale, exchange, barter or offer for sale.
"Shall"
is mandatory and "may" is permissive. However, the use of the word "shall" is not intended and shall not impose any mandatory duty to third parties by the City of Stockton, its commissions, boards, officers, agents or employees and is not intended and shall not impose any liability on the City of Stockton, its commissions, boards, officers, agents or employees.
"Sideyard"
shall mean the area between the side of the building and the side property line.
"State"
is the State of California.
"Street"
includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways or other public ways in this 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.
"Substandard properties"
means any property that is maintained with any of the conditions set out in Section 15.24.030 of this code.
"Tenant or occupant"
applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.
"Visual blight"
means any unreasonable or unlawful condition or use of premises or of a building exterior which by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the surrounding area and the property of others, or is detrimental to the health, safety and welfare of individuals residing within the community.
(Prior code § 1-020)
For purposes of this Municipal Code:
A. 
Any gender includes the other gender.
B. 
The singular number includes the plural and the plural the singular.
C. 
Words used in the present tense include the past and future tense and vice versa.
D. 
Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language.
(Prior code § 1-020.1)