Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts include causing, permitting.
1.04.050 Repeal shall not revive any ordinances.
1.04.060 Uniform appeal and hearing procedure.
1.04.010 Definitions.
The following words and phrases whenever used in the ordinances of the city of Central Point, Oregon, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1. “City” means the city of Central Point, Oregon.
2. “Code” means the code and general ordinances of the city of Central Point.
3. “Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is a Sunday or a legal holiday, that day shall be excluded.
4. “Council” means the council of the city of Central Point, Oregon. “All its members” or “all councilmen” mean the total number of councilmen provided by the general laws of the state of Oregon.
5. “County” means the county of Jackson, state of Oregon.
6. “Law” denotes applicable federal law, the constitution and statutes of the state of Oregon, the ordinances of the city of Central Point, Oregon, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
7. “May” is permissive.
8. “Month” means a calendar month.
9. “Must” and “shall.” Each is mandatory.
10. “Oath” shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
11. “Ordinance” means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.
12. “Owner” applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.
13. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
14. “Personal property” includes money, goods, chattels, things in action and evidences of debt.
15. “Preceding” and “following” mean next before and next after, respectively.
16. “Property” includes real and personal property.
17. “Real property” includes lands, tenements and hereditaments.
18. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
19. “State” means the state of Oregon.
20. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs 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.
21. “Tenant” and “occupant,” applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.
22. Title of Office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.
23. “Written” includes printed, typewritten, mimeographed or multigraphed.
24. “Year” means a calendar year.
25. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
26. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.
27. “Nudity,” “obscenities,” “sado-masochistic abuse,” “sexual conduct,” and “sexual excitement,” shall have the meanings as those words are defined in Oregon Revised Statutes 167.060, hereby made a part hereof and incorporated herein. (Ord. 1161 §1, 1974; Ord. 1144 §1, 1974).
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city of Central Point, Oregon:
A. Gender. The masculine gender includes the feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 1144 §2, 1974).
1.04.030 Prohibited acts include causing, permitting.
Whenever in the ordinances of the city of Central Point, any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 1144 §3, 1974).
1.04.040 Construction.
The provisions of the ordinances of the city of Central Point and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 1144 §4, 1974).
1.04.050 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 1144 §5, 1974).
1.04.060 Uniform appeal and hearing procedure.
In this section the word “appellant” means a person appealing from an administrative decision. Except as otherwise provided in this code, a person who is authorized to appeal from an administrative decision under this code shall follow the procedure stated in this section.
A. The appellant shall file with the recorder a written notice of appeal together with a written statement listing the reason for requesting the revocation or modification of the decision within ten days after the day on which appellant is notified of the administrative decision from which appeal is requested.
B. The council shall hear the appeal within thirty days after the recorder receives the notice and statement of appeal, unless the appellant consents to an extension of time.
C. The recorder shall notify the appellant of the time and place of the hearing, along with other persons who have an interest in the subject matter of the hearing.
D. At the hearing the appellant or other parties interested may present witnesses and offer evidence in support of their case and, in the discretion of the council, evidence may be heard to sustain the administrative decision.
E. The council shall make written findings, recommendations, or orders on any matter heard by it and the recorder shall send a copy thereof to the appellant. (Ord. 2010 §1, 2015).