Chapter 1.08
RULES OF CONSTRUCTION
Sections:
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 Designated Officials.
1.08.090 Proof of Service of Notice.
1.08.100 Posting of Public Notices.
1.08.105 Consumer Price Index Adjustments.
1.08.110 Interpretive Provisions.
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 Designated Officials.
A. Unless a person is specifically prohibited from doing so by the City Charter, State or Federal law, when this Code vests a power, duty, obligation or responsibility in an official, department director, or employee, the official, department director or employee may designate a City position or another person to act on their behalf.
B. Any official, department director, or employee who vests a duty, obligation or responsibility in a designee, shall inform the City Clerk of the designation. The City Clerk shall maintain a list of all designations and shall provide a copy to the public upon request. (Ord. 2023-22 § 29, 2023; 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, to any ordinances of this City, to any State law, rules or regulations or to any Federal law, rules or regulations, the reference includes all amendments and additions now or hereafter made thereto and/or any successor statute. (Ord. 2023-22 § 30, 2023; 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 be posted in accordance with all legal requirements at City Hall. (Ord. 2023-22 § 31, 2023; Ord. 1470 § 1, 1972: Ord. 660, 1951: 1949 Code § 1308.1)
1.08.105 Consumer Price Index Adjustments.
Whenever this Code calls for an increase of an amount, limit or rate schedule that is set forth in this Code to reflect the change in the Consumer Price Index, as defined in Section 1.08.120, the increase shall apply to the current amount, limit or rate schedule that is then in effect on the date of adjustment. Unless another adjustment date is specifically set forth in this Code, the effective date of any adjustment shall be July 1st. Unless another time period for calculating the change in the Consumer Price Index is specifically set forth in this Code, the increase to the amount or limit shall be determined by calculating the percentage change from March of the prior year to March of the current year. (Ord. 2023-22 § 32, 2023)
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.
Unless a more specific definition is provided or the context in which they are used clearly requires otherwise, the following terms and phrases used in this Code shall have the meaning ascribed to them in this section:
Assistant City Manager. The term “Assistant City Manager” means an Assistant City Manager working in the City Manager’s office.
Building Official. The term “Building Official” means the Building Manager or Chief Building Official of the City’s Community Development Department or the person designated by the Community Development Director as the Building Official.
California Code of Regulations. The terms “California Code of Regulations” or “CCR” mean the State administrative regulations that are cited as “title number CCR section number” or “title number CCR division number, chapter number, article number, section number.”
California Environmental Quality Act or CEQA. The term “California Environmental Quality Act” or “CEQA” means the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (14 CCR Section 15000 et seq.).
Chief of Police. The term “Chief of Police” or “Police Chief” means the individual who manages and directs the City’s Police Department.
City. The term “City” means the City of Newport Beach, a municipal corporation and charter city, or, when referring to territory or territorial limits, it means the area within the territorial City limits of the City and such territory outside the City over which the City has jurisdiction or control by virtue of any law.
City Attorney. The term “City Attorney” means the City Council appointed official who occupies the position as the City Attorney of the City.
City Charter. The term “City Charter” means the City Charter of the City.
City Clerk. The term “City Clerk” means the City Council appointed official who occupies the position as the City Clerk of the City.
City Council. The term “City Council” or “Council” means the City Council of the City of Newport Beach.
City Engineer. The term “City Engineer” means the City Engineer of the City’s Public Works Department, or the individual designated by the Public Works Director as the City Engineer.
City Hall or Civic Center. The term “City Hall” or “Civic Center” 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 City Council appointed official who occupies the position as the chief administrative officer of the City.
City Treasurer. The term “City Treasurer” means the individual appointed as the City’s Finance Director.
Code. The term “Code” means the Newport Beach Municipal Code.
Community Development Director. The term “Community Development Director” means the individual who manages and directs the City’s Community Development Department.
Consumer Price Index. The term “Consumer Price Index” means the Los Angeles-Long Beach-Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982-84 = 100), or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics.
County. The term “County” means the County of Orange.
Day. The term “day” or “days” means a calendar day, unless otherwise specifically provided.
Day Care Center. The term “day care center” means a child care—infant center, and child care center (preschool) licensed by the State Department of Social Services that is not located on a residentially zoned property including, but not limited to, Bright Horizons at Newport Beach; Carden Hall; Catalyst Kids-Newport Heights; Christ Church by the Sea Children’s Center; Environmental Nature Center (ENC) Nature Preschool; Miraculous Milestones; Montessori Way Learning Center, Inc., Newport Coast Child Development Preschool; Newport Harbor Lutheran Church; St. Andrew’s Preschool; St. Mark Community Preschool; St. Matthew’s Montessori Preschool; Temple Bat Yahm; and Tutor Time Child Care/Learning Center.
Designee. The term “designee” means a position, employee, or person that is authorized to fulfill a duty, obligation or responsibility.
District Attorney. The term “District Attorney” means the Orange County District Attorney.
Fair Political Practices Commission. The term “Fair Political Practices Commission” or “FPPC” means the five-member independent, nonpartisan commission that has primary responsibility for the impartial and effective administration of the Political Reform Act.
Finance Director. The term “Finance Director” means the individual who manages and directs the City’s Finance Department.
Fire Chief. The term “Fire Chief” means the individual who manages and directs the Fire Department.
Fire Marshal. The term “Fire Marshal” shall mean the Fire Marshal of the City’s Fire Department, or the individual designated by the Fire Chief as the Fire Marshal.
Harbor Commission. The term “Harbor Commission” shall mean the Harbor Commission of the City.
Harbor Department. The term “Harbor Department” shall mean the Harbor Department of the City. Any provision within this Code or any uncodified ordinance or resolution referring to the Harbor Resources Division shall mean the Harbor Department.
Harbormaster. The term “Harbormaster” shall mean the individual who manages and directs the Harbor Department. Any provision within this Code or any uncodified ordinance or resolution referring to the Harbor Resources Manager shall mean the Harbormaster.
Health Officer. The term “Health Officer” means the Orange County Health Officer.
Human Resources Director. The term “Human Resources Director” means the individual who manages and directs the City’s Human Resources Department.
Library Services Director. The term “Library Services Director” means the individual who manages and directs the City’s Public Library System.
Oath. The term “oath” means and includes affirmation.
Office. The term “office” means the title of any officer, employee, or office, of the City of Newport Beach.
Owner. The term “owner,” applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common or joint tenant, of the whole or a part of such building or land.
Pacific Ocean. The term “Pacific Ocean” means the waters off of the City from the beach to a point three nautical miles seaward.
Person. The term “person” means and includes any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States, this State, any county, city and county, municipality, district, or other political subdivision of the State, or any other group or combination acting as a unit.
Public park or public facility. The terms “public park” or “park facility” means all publicly owned, managed or leased land that is open to the public, walking or hiking trails, parks and park-related buildings, facilities and improvements, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director of the Recreation and Senior Services Department including, but not limited to, Arroyo Park; 38th Street Park; Back Bay View Park; Bayside Park; Bayview Park; Begonia Park; Big Canyon Park; Bob Henry Park; Bolsa Park; Bonita Canyon Sports Park; Bonita Creek Park & Community Center; Buffalo Hills Park; Canyon Watch Park; Carroll Beek Community Center and Balboa Island Park; Castaways Park; Channel Place Park; Civic Center Community Center; Civic Center Park; Cliff Drive Park and Community Center; Coastal Peak Park; Corona del Mar Pocket Park; Corona del Mar State Beach; Dog Park; Eastbluff Park and Boys and Girls Club; Galaxy View Park; Gateway Park; Grant Howald Park & Community Youth Center; Harbor View Nature Park; Harbor Watch Park; Inspiration Point; Irvine Terrace Park; Jasmine Creek Park; John Wayne Park and Theater Arts Center; Kings Road Park; L Street Park; Lake Ave Park; Lido Park; Lincoln Athletic Center; Lookout Point; Los Trancos Canyon View Park (lower, middle, upper); Lower Castaways Park; M Street Park; Marian Bergeson Aquatic Center; Marina Park; Mariners Park and VJ Community Center; Mesa Birch Park; Miramar Park; Myrtle Park; Newport Aquatic Center; Newport Coast Community Center; Newport Island Park; Newport Shores Park; North Star Beach; OASIS Senior Center; Old School Park; Peninsula Park; Rhine Wharf Park; San Joaquin Hills Park and Lawn Bowling Center; San Miguel Park; Spyglass Hill Park; Spyglass Hill Reservoir Park; Sunset Ridge Park; Sunset View Park; Upper Buck Gully Reserve; Uptown Park; Veterans Memorial Park; West Jetty View Park; West Newport Community Center; West Newport Park; and Westcliff Park.
Public Works Director. The term “Public Works Director” means the individual who manages and directs the City’s Public Works Department.
Recreation and Senior Services Director. The term “Recreation and Senior Services Director” means the individual who manages and directs the City’s Recreation and Senior Services Department.
Revenue Division. The term “Revenue Division” means the City’s Finance Department Revenue Division.
Risk Manager. The term “Risk Manager” means the Risk Manager of the City’s Human Resources Department, or the individual appointed by the Human Resources Director as the Risk Manager.
School. The term “school” means an institution of learning, whether public or private, which offers in-person instruction in grades K through twelve (12) in those courses of study required by the California Education Code and is licensed by the State Board of Education. This definition includes all kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education including, but not limited to, Andersen Elementary School; Carden Hall; Corona del Mar Middle and High School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day School; Harbor View Preschool and Elementary School; Lincoln Elementary School; Mariners Elementary School; Newport Christian Academy; Newport Coast Preschool and Elementary School; Newport Preschool and Elementary School; Newport Harbor High School; Newport Heights Elementary School; Our Lady Queen of Angels Catholic School; Pacifica Christian High School; and Sage Hill High School.
State. The term “State” means the State of California.
Street. The term “street” means and includes all streets, roads, highways, avenues, lanes, alleys, courts, boulevards, 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 includes any person who occupies the whole or part of such building or land, whether alone or with others.
Utilities Director. The term “Utilities Director” means the individual who manages and directs the City’s Utilities Department. (Ord. 2023-22 § 33, 2023; Ord. 2013-11 § 3, 2013; 1949 Code § 1313 to 1323)