Chapter 1.04
GENERAL PROVISIONS*

Sections:

1.04.010    Definitions and rules of construction.

1.04.020    Provisions to be considered as continuations of existing ordinances.

1.04.030    Repeal not to revive any ordinances – Effect on certain actions.

1.04.040    Severability.

1.04.050    Catchlines of sections not a part of the law.

1.04.060    Time limit for seeking review of administrative decisions.

1.04.070    Mandatory duties.

1.04.080    Required fee(s).

*    For provisions of state law regarding computation of time, see Gov. Code § 6800 et seq.; for general provisions of the California Governmental Code, see Gov. Code § 1 et seq.; for general provisions of the city Charter, see §§ 100 – 106, 1500 and 1502.

1.04.010 Definitions and rules of construction.

In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

“Abatement” means an act or combination of actions designed to correct a nuisance. Abatement includes, but is not limited to, removal, demolition or repair of structures; removal of weeds, rubbish and debris; reconstruction of structures to code; restoration of drainage ways or courses; grading or regrading and filling of illegally graded or developed land; revegetation; vacating of illegal or nonconforming structures; removing barriers improperly blocking off public access; removal of encroaching structures onto public property; and other action which is reasonably related to the correction or mitigation of nuisances under this code or state law.

“City” or “this city” means and shall be construed as if followed by the words “of Chula Vista.”

“City manager” means an officer appointed by the city council as the city manager, and includes those officers and employees he or she designates to perform certain functions. The term “city manager” includes a director, as defined herein, except in those proceedings where an appeal to the city manager is taken from the order of a director.

“Code” or “this code” means the municipal code of the city of Chula Vista, California.

“Code enforcement officer” means a person, other than a police officer, designated by the city manager or a director to enforce violations of the municipal code. A code enforcement officer is authorized to issue notices of violation and administrative citations pursuant to Chapter 1.41 CVMC. A code enforcement officer is authorized to issue misdemeanor citations or to arrest a person without a warrant for a misdemeanor committed in his or her presence which is a violation of state law or an ordinance which the code enforcement officer has a duty to enforce. A code enforcement officer may exercise all powers of arrest pursuant to California Penal Code Section 836.5. A code enforcement officer is not a peace officer within the definition of Penal Code Sections 830 through 832.8.

Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a legal holiday and then it is also excluded.

“Council” whenever used in this code means the city council of the city.

“County” or “this county” means the county of San Diego.

“Day” means the period of time between any midnight and the midnight following.

Daytime and Nighttime. “Daytime” means the period of time between sunrise and sunset. “Nighttime” means the period of time between sunset and sunrise.

“Director” means the chief of police, fire chief, city engineer, director of planning and building, director of finance, director of parks and recreation, director of public works, director of community development and the employees designated by them or assigned by job function to perform code enforcement functions and duties. It also includes the county health officer or director of public health for public health and sanitation.

Gender. The masculine gender includes the feminine and neuter.

“In the city” means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

Joint Authority. All words giving a “joint authority” to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

“Month” means a calendar month.

“Notice” means a written document which informs a person of the time, date and place for a hearing, the nature of a penalty or corrective action required of that person, and the municipal code section(s) applicable to the proceeding. Service of notice is covered in CVMC 1.40.030.

“Nuisance” is as defined under California Civil Code Section 3480, and includes a condition upon or use of real property within Chula Vista that violates the municipal code or state law. It may also include dilapidation or disrepair of structures; the maintenance of a structure in which illegal drug, gambling or prostitution activity occurs; or a structure on private property which encroaches into public property.

Number. The singular number includes the plural and the plural the singular.

“Oath” means and includes an affirmation.

Officers, Departments, Etc. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise.

Official Time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.

Or, And. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.

“Owner,” applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

“Person” means and includes any person, firm, association, organization, partnership, business trust, corporation or company.

“Personal property” means and includes every species of property, except real property, as defined in this section.

Preceding and Following. The words “preceding” and “following” mean next before and next after, respectively.

“Process” means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

“Property” means and includes real and personal property.

“Real property” means and includes land, improvements and structures on land, tenements and hereditaments.

“Responsible party” means, individually and collectively, the owner(s) of real property upon which a violation of this code or state law exists; or a tenant or occupant in possession, licensee or any other person who has caused, created, or continues to allow a condition to occur or exist upon real property constituting a violation of this code or state law. A “responsible party” can be a natural person or a corporation.

Shall and May. “Shall” is mandatory and “may” is permissive.

Signature or Subscription by Mark. “Signature” or “subscription” includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

“State” or “this state” shall be construed to mean the state of California.

“Tenant or occupant,” applied to a building or land, includes any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.

Tenses. The present tense includes the past and future tenses, and the future includes the present.

Week. A “week” consists of seven consecutive days.

“Writing” means and 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.

“Year” means a calendar year, except where otherwise provided. (Ord. 2790, 1999; Ord. 2718 § 1, 1998; prior code § 1.2).

1.04.020 Provisions to be considered as continuations of existing ordinances.

The provisions appearing in this code, so far as they are the same as those of ordinances existing at the time of the effective date of the ordinances codified in this code, shall be considered as continuations thereof and not as new enactments. (Prior code § 1.3).

1.04.030 Repeal not to revive any ordinances – Effect on certain actions.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for any offense committed under the ordinance repealed. (Prior code § 1.4).

1.04.040 Severability.

It is declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Prior code § 1.5).

1.04.050 Catchlines of sections not a part of the law.

The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections; nor as any part of the section; nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Prior code § 1.6).

1.04.060 Time limit for seeking review of administrative decisions.

Pursuant to the California Code of Civil Procedure Section 1094.6, judicial review of any administrative decision of the city may be had pursuant to Code of Civil Procedure Section 1094.5 only if a petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final; except that if the action imposes an administrative fine or penalty, the petition for review must be filed within 20 days after the order is final, pursuant to Government Code Section 53069. (Ord. 2718 § 1, 1998; Ord. 1870 § 1, 1979).

1.04.070 Mandatory duties.

It is the intent of the city council of the city of Chula Vista that any ordinance establishing performance standards or establishing an obligation to act upon a city officer or employee shall not be construed as creating a mandatory duty for purposes of tort liability if the officer or employee fails to perform said act. (Ord. 2110 § 1, 1985).

1.04.080 Required fee(s).

Wherever the term “required fee(s)” is used in this code it shall mean the fee in the amount(s) established in that portion of the master fee schedule relating to that topic in the section of the municipal code relating to the same topic, as that amount may, from time to time, be amended by the city council by ordinance or resolution. (See master fee schedule index for cross reference between municipal code section imposing fee and master fee schedule section setting forth amount of fee.) (Ord. 2506 § 3, 1992).