Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.020 Interpretation of language.
1.04.030 Grammatical interpretation.
1.04.050 Prohibited acts include causing and permitting.
1.04.080 Repeal shall not revive any ordinances.
1.04.090 Authority to enter building for inspection purposes.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances of the city of Sutherlin, 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:
“City” means the city of Sutherlin, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
“Council” means the city council of the city of Sutherlin, “All its members” or “all council members” means the total number of council members holding office.
“County” means the county of Douglas.
“Law” denotes applicable federal law, the Constitution and Statutes of the state of Oregon, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
“May” is permissive.
“Month” means a calendar month.
“Must” and “shall” are each mandatory.
“Oath” includes 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.”
“Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or part of such building or land.
“Person” includes a 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.
“Personal property” includes money, goods, chattels, things in action and evidences of debt.
“Preceding” and “following” means next before and after, respectively.
“Property” includes real and personal property.
“Real property” includes lands, tenements and hereditaments.
“Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
“State” means the state of Oregon.
“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the 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” and “occupant,” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
“Written” includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.
“Year” means a calendar year. (Ord. 881 § 1, 1997)
1.04.020 Interpretation of language.
All words and phrases shall be construed 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. (Ord. 881 § 2, 1997)
1.04.030 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, 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. (Ord. 881 § 3, 1997)
1.04.040 Acts by agents.
When 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 to include all such acts performed by an authorized agent. (Ord. 881 § 4, 1997)
1.04.050 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 881 § 5, 1997)
1.04.060 Computation of time.
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 881 § 6, 1997)
1.04.070 Construction.
The provisions of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 881 § 7, 1997)
1.04.080 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 881 § 8, 1997)
1.04.090 Authority to enter building for inspection purposes.
Whenever any officer or employee of the city is authorized to enter any building or premises for the purpose of making an inspection to enforce any ordinance, he may enter such building or premises at all reasonable times to inspect the same; provided, that he shall effect entry in the manner provided in the second paragraph of this section, except in emergency situations, or when consent of the person having charge or control of such building or premises has been otherwise obtained.
If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If consent to such entry is not given, the authorized officer or employee shall have recourse to every remedy provided by law to secure entry.
This section shall be controlling over any other ordinance or part of an ordinance on the same subject, whether heretofore or hereafter adopted, unless such ordinance or part of an ordinance provides differently by an express reference to the ordinance codified in this section. Notwithstanding any other ordinance of this city, whether heretofore or hereafter adopted, it shall not be a violation of ordinance to refuse or fail to consent to an entry for inspection. (Ord. 881 § 9, 1997)