Chapter 1.05
TITLE – DEFINITIONS – GENERAL
Sections:
1.05.010 Title.
1.05.020 Definitions.
1.05.030 Rules of construction.
1.05.040 Notice.
1.05.050 Fees.
1.05.060 Nontransferability of permits.
1.05.010 Title.
This code shall be known as the Pleasant Hill Municipal Code. Whenever a reference is made to the code, the reference includes all amendments to it. (Ord. 782 § 1, 2004; 1991 code § 1-1.1)
1.05.020 Definitions.
In this code the following definitions apply unless the context requires otherwise:
City means the City of Pleasant Hill.
Code means the Pleasant Hill Municipal Code.
Council means the Pleasant Hill city council.
County means Contra Costa County.
Day means the period of time between any midnight and the midnight following, or a calendar day. (Govt. Code § 6806.)
Daytime is the period between sunrise and sunset. (Govt. Code § 6807.)
Health officer means the health officer of Contra Costa County.
Licensed means licensed in accordance with the appropriate provision of this code, or under state law.
Month means a calendar month. (Civ. Code § 14.)
Nighttime is the period between sunset and sunrise. (Govt. Code § 6807.)
Owner means a person owning real property, and includes a part owner, joint owner, tenant in common, joint tenant, tenant, lessee, or other person having control or possession of the property, and the mortgagee under a recorded deed of trust. (The owner of record is determined by the last equalized assessment roll or the supplemental roll, whichever is more current.)
Person means an individual natural person, firm, corporation, association, organization, partnership, limited liability company, business trust, corporation or company, or the agent, officer or employee or lessee of the person, and includes a governmental entity other than the city. (Govt. Code § 17; Code of Civ. Proc. § 17.)
Personal property means every type of property except real property. (Civ. Code §§ 14, 663.)
Property means both real and personal property. (Civ. Code § 14.)
Real property means land, what is affixed to land, and what is incidental or appurtenant to land. It includes tenements and hereditaments. (Civ. Code §§ 14, 658.)
State means the State of California.
Week means seven consecutive days. (Govt. Code § 6805.)
Writing means any form of recorded message capable of comprehension by ordinary visual means, including handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile. The writing shall be made in the English language, unless expressly provided otherwise. (Govt. Code §§ 8, 6252.)
Year means a period of 365 days, or a calendar year. (Govt. Code § 6803.) (Ord. 782 § 1, 2004; 1991 code § 1-1.2)
1.05.030 Rules of construction.
In the interpretation of this code and of all ordinances, the following rules apply, unless such construction would be inconsistent with the manifest intent of the city council. The provisions of this code and all proceedings under it shall be construed with the view to effect its objects and promote justice.
A. Tenses. The present tense includes the past and future tenses. The future tense includes the present tense. (Govt. Code § 11.)
B. Gender. The masculine gender includes the feminine and neuter. The feminine includes the masculine and neuter. (Govt. Code § 12.)
C. Number. The singular includes the plural and the plural includes the singular. (Govt. Code § 13.)
D. Acts by deputy. Whenever a power is granted to or a duty is imposed upon a public officer or employee, that power or duty may be performed by another officer or employee to whom the authority has been delegated, unless this code expressly provides otherwise.
E. Construction of words and phrases. Words and phrases shall be construed according to the context and the approved usage of the language. Technical words and phrases and words and phrases which have acquired a peculiar and appropriate meaning at law, or words and phrases which are defined elsewhere in this code, shall be construed according to that peculiar and appropriate meaning or definition.
F. Continuation. 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.
G. Headings. The title, chapter, section and subsection headings in this code are intended to indicate the contents and do not govern, limit, modify, or in any other way affect the scope, meaning or intent.
H. Shall is mandatory and may is permissive. (Govt. Code § 14.)
I. Computation of time. The time in which an act provided by law is to be done is computed by excluding the first day and including the last day, unless the last day is a holiday and then it is also excluded. (Govt. Code § 6800.)
J. Or may be read and, and and may be read or if the sense requires it.
K. Prohibited acts include causing or permitting. An act or omission which is unlawful under this code includes causing, permitting, aiding, abetting, suffering, or concealing the act or omission.
L. Severability. The titles, chapters, sections, subsections, paragraphs, sentences, clauses and phrases of this code are severable. If any is declared unconstitutional, invalid or unenforceable by a court, that determination shall not affect the remaining provisions. (Ord. 782 § 1, 2004; 1991 code § 1-1.3)
1.05.040 Notice.
A. Time and manner of giving notice when not specified. Whenever this code requires the giving of notice, and the time and manner of giving the notice is not otherwise specified, the notice shall be in writing and shall be given at least 10 days before an act must be done or a right exercised. The notice shall be served either personally or by first class mail in a sealed envelope with postage prepaid, addressed to the person at his or her last known mailing address.
B. Service by mail – Time extension. Service by mail is complete at the time the notice is deposited in the United States mail, but the time within which an act must be done or a right exercised is extended by five calendar days for mailing within the state and 10 calendar days for mailing elsewhere in the United States. (Code of Civ. Proc. § 1013.) (Amended during 2005 recodification; Ord. 782 § 1, 2004; 1991 code § 1-1.4)
1.05.050 Fees.
Where an ordinance, rule or regulation requires a person to file an application or request a permit, the city council may by resolution fix the fee to be charged for the filing and processing of the application and the request for a permit, including an appeal from the decision of a subordinate body. (Ord. 782 § 1, 2004; 1991 code § 1-1.5)
1.05.060 Nontransferability of permits.
No city permit, license, or other issuance of whatever kind is transferable by the holder to a third party, successor, heir or assign, unless such is expressly allowed in this code or is a property right which runs with the land. (Ord. 782 § 1, 2004; 1991 code § 1-1.6)