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 in this code any act or omission is made unlawful,
it shall include causing, maintaining, permitting, aiding, abetting,
suffering or concealing the fact of such act or omission.
(Prior code § 1-014)
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)
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.
includes along, in or upon.
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.
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.
means that portion of property between the back of the building
and the rear property line.
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.
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.
means the appointed official of the City who occupies the
position as the Chief Administrative Officer of the City.
means a person authorized to enforce violations of the Municipal
Code, Uniform Codes and applicable State codes within their department's
jurisdiction.
means the City Council of this City.
means the County of San Joaquin.
shall mean the same as junk.
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.
means wood cut to fireplace length that has been neatly stacked.
means that portion of property between the street and a building,
excluding any porch areas.
means and includes wares and merchandise.
means any person appointed by the City Manager to preside
over administrative hearings.
means any condition which creates a present and immediate
danger to life, property, health or public safety.
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.
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.
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.
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.
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.
means and includes affirmation.
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.
includes carry on, keep, conduct, maintain, or cause to be
kept or maintained.
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.
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.
means any building, lot, parcel, real estate, or land or
portion of land whether improved or unimproved including adjacent
street.
means the record owner of real property as listed on the
last equalized assessment roll as maintained by the San Joaquin County
Assessor.
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.
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.
includes any sale, exchange, barter or offer for sale.
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.
shall mean the area between the side of the building and
the side property line.
is the State of California.
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.
means any property that is maintained with any of the conditions set out in Section 15.24.030 of this code.
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.
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)
