Chapter 1.08


1.08.010    Effect of General Provisions.

1.08.020    Effect of Title, Chapter and Section Headings.

1.08.030    Territorial Limitation.

1.08.040    Unlawful Acts or Omissions Inclusive.

1.08.050    Authority of Deputies.

1.08.055    Hearing Officer.

1.08.060    Writing Defined.

1.08.070    Extent of Reference.

1.08.080    Service of Notices.

1.08.090    Proof of Service of Notice.

1.08.100    Posting of Public Notices.

1.08.110    Interpretive Provisions.

1.08.120    Definitions.

1.08.010 Effect of General Provisions.

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. (1949 Code § 1300)

1.08.020 Effect of Title, Chapter and Section Headings.

Title, 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 title, chapter, or section hereof. (1949 Code § 1301)

1.08.030 Territorial Limitation.

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 the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. (1949 Code § 1302)

1.08.040 Unlawful Acts or Omissions Inclusive.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (1949 Code § 1303)

1.08.050 Authority of Deputies.

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. (1949 Code § 1304)

1.08.055 Hearing Officer.

A.    The City Council, any board or commission created by the City Charter, and the City Manager or Community Development Director may designate a hearing officer to take evidence, direct preparation of a transcript and submit proposed findings and recommendations in a form suitable for adoption whenever authorized, or required, by the provisions of this Code, to conduct any hearing or appeal on any matter including the issuance, denial, revocation or modification of any permit or license or whether a particular condition or activity constitutes a nuisance or fire hazard. The Hearing Officer shall conduct the hearing in a manner that complies with constitutional, statutory and decisional law. The City Council, board or commission, City Manager or Community Development Director may adopt the proposed findings and recommendations as their decision or may take any other action that is supported by substantial evidence in the record.

B.    The hearing officer may be directed to consolidate hearings on two or more appeals, decisions or determinations that involve the same or similar subject matter and the same potentially affected party. (Ord. 2013-11 § 2, 2013; Ord. 99-15 § 1, 1999: Ord. 95-37 § 1, 1995)

1.08.060 Writing Defined.

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. (1949 Code § 1305)

1.08.070 Extent of Reference.

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. (1949 Code § 1306)

1.08.080 Service of Notices.

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. (1949 Code § 1307)

1.08.090 Proof of Service of Notice.

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. (1949 Code § 1308)

1.08.100 Posting of Public Notices.

Wherever any section of this code requires the posting of a notice in a public place, such notice shall also be posted on the bulletin board of the City Hall of the City of Newport Beach. (Ord. 1470 § 1, 1972: Ord. 660, 1951: 1949 Code § 1308.1)

1.08.110 Interpretive Provisions.

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

B.    Gender. The masculine gender includes the feminine and neuter.

C.    Number. The singular number includes the plural; and the plural, the singular.

D.    Shall and May. “Shall” is mandatory and “may” is permissive. (1949 Code § 1309 to 1312)

1.08.120 Definitions.

City. The term “City” means the City of Newport Beach.

City Hall. The term “City Hall” means the City’s Civic Center located at 100 Civic Center Drive, Newport Beach, California, that includes most administrative offices of the City and related parking.

City Manager. The term “City Manager” means the appointed official of the City who occupies the position as the chief administrative officer of the City.

Council. The term “Council” means the City Council of this City.

County. The term “County” means the County of Orange.

Oath. The term “oath” means and include affirmation.

Office. The use of the title of any officer, employee, office, or ordinance means such officer, employee, office, or ordinance of the City of Newport Beach.

Owner. The term “owner” applied to a building or land, means and include any part owner, joint owner, tenant, tenant in common or joint tenant, of the whole or a part of such building or land.

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

State. The term “State” means the State of California.

Streets. The term “street” means and include 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.

Tenant, Occupant. The term “tenant or occupant” applied to a building or land means and include any person who occupies the whole or part of such building or land, whether alone or with others. (Ord. 2013-11 § 3, 2013; 1949 Code § 1313 to 1323)