SEC. 1-011. CONSTRUCTION — PROVISIONS GOVERNING:
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.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-012. HEADINGS — EFFECT OF:
Division 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 Division or Section hereof.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-013. JURISDICTION - SCOPE OF MUNICIPAL CODE:
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 this City
over which the City has jurisdiction or control by virtue of the Constitution,
Charter or any law, or by reason of ownership or control of property.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-014. PROHIBITED ACTS — INCLUDES CAUSING, MAINTAINING, PERMITTING
OR SUFFERING:
Whenever in this Code any act or omission is made unlawful, it shall include
causing, maintaining, permitting, aiding, abetting, suffering or concealing
the fact of such act or omission.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-015. ACTS BY DEPUTY:
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.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-016. "WRITING" INCLUDES:
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.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-017. REFERENCE APPLIES TO AMENDMENTS:
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.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-018. SERVICE OF NOTICES:
Whenever any notice is required to be given under this Code, the notice shall
be served in the following manner unless a different procedure is specifically
stated to apply:
A. Personal service or certified mail, postage prepaid, return receipt requested.
Simultaneously, the same notice shall be sent by regular mail to the Responsible
Person. If a notice that is sent by certified mail is returned unsigned, then
service shall be deemed effective pursuant to regular mail.
B. Posting the notice conspicuously on or in front of the property.
C. Mailings to the Property Owner shall be sent to the address listed in the
last equalized assessment roll of the San Joaquin County Assessor.
D. In the event the responsible person is someone other than the property owner,
a copy of the notice shall also be mailed to the property owner.
Service by certified or regular mail in the manner described above shall be
effective on the date of mailing.
The failure of any person with an interest in the property to receive any notice
served in accordance with this section shall not affect the validity of any
proceedings taken under this Code.
The notice requirements in this section do not apply to initial Notices of
Violation which may be sent by regular mail. Service of a Notice of Violation
by regular mail is effective on the date of mailing.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-019. PROOF 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.
(Amended by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-019.1 CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS:
Whenever a document is recorded with the County Recorder as authorized or required
by the Municipal Code or applicable state codes, recordation shall provide
constructive notice of the information contained in the recorded documents.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-020. WORDS AND PHRASES DEFINED:
1. "Abatement" means any action the City may take to remove or alleviate
a nuisance including, but not limited to, demolition, removal, repair, cleaning,
boarding and securing or replacement of property.
2. "Across" includes along, in or upon.
3. "Administrative Order" means an order issued by an Administrative
Hearing Officer after a hearing requiring a Responsible Person to correct violations,
abate a public nuisance, pay administrative fines, civil penalties, administrative
costs, authorize the City to abate a public nuisance, assess a Code Enforcement
Lien or take any other action as authorized or required by this Code and applicable
State codes.
4. "Assessment Lien" means a lien recorded with the San Joaquin County
Recorder's Office for the purposes of collecting outstanding administrative
citation fines, civil penalties and administrative costs imposed as part of
a cost recovery, administrative or judicial code enforcement action. It shall
also mean the same as a Code Enforcement Lien.
5. "Backyard" means that portion of property between the back of
the building and the rear property line.
6. "Building" means any structure having a roof supported by columns
or walls used or intended to be used for commercial or residential purposes
for the shelter or enclosure of persons, animals or property.
7. "City" means the area within the territorial city limits of the
City of Stockton and such territory outside of this City over which the City
has jurisdiction or control by virtue of any Constitutional or Charter provisions,
by contract, or any law.
8. "City Manager" means the appointed official of the City who occupies
the position as the Chief Administrative Officer of the City.
9. "Code Enforcement Officer" means a person authorized to enforce
violations of the Municipal Code, Uniform Codes and applicable state codes
within their department's jurisdiction.
10. "Council" is the City Council of this City.
11. "County" is the County of San Joaquin.
12. "Debris" shall mean the same as junk.
13. "Director" shall include each of the directors of the following
City departments: Community Development, Public Works, Parks and Recreation,
Housing and Redevelopment, Municipal Utilities, Finance, and the Fire and Police
Chiefs and any of their designated agents or representatives within their jurisdiction.
14. "Firewood" means wood cut to fireplace length that has been neatly
stacked.
15. "Front yard" means that portion of property between the street
and a building, excluding any porch areas.
16. "Goods" includes wares and merchandise.
17. "Hearing Officer" means any person appointed by the City Manager
to preside over administrative hearings.
18. "Imminent Health & Safety Hazard" means any condition which
creates a present and immediate danger to life, property, health or public
safety.
19. "Junk" means any cast-off, damaged, discarded, junked, salvaged,
scrapped, worn-out or wrecked object, thing or material including, but not
limited to, those composed in whole or in part of asphalt, brick, carbon, cement,
cardboard, plastic or other synthetic substance, fiber, glass, plaster, plaster
of paris, rubber, terra cotta, wool, cotton cloth, canvas, wood, metal, sand,
organic matter (excluding compost not in public view) or other substance.
20. "Notice and Order" means a document used in abatement actions
and assessment of civil penalties involving serious code violations which provide
notice of Municipal Code, Uniform Code or applicable state code violations
and orders a Responsible Person to take certain steps to correct the violations
within a definitive period of time. Civil penalties may also be imposed in
conjunction with this Notice.
21. "Notice of Compliance" means a document issued by a Director
which represents that a property has been brought into compliance with the
criteria set forth under this Code.
22. "Notice of Satisfaction" means a document or form which indicates
that all outstanding civil penalties and costs have either been paid in full,
or that the City has negotiated an agreed amount, or that a subsequent administrative
or judicial decision has resolved the outstanding debt.
23. "Notice of Violation" means a written notice which informs a
Responsible Person of code violations present on the subject property, lists
the required compliance actions and contains specific information as required
by the Municipal Code. This document may be recorded.
24. "Oath" includes affirmation.
25. "Office" means the use of the title of any officer, employee,
office, ordinance, or Charter and shall mean such officer, employee, office,
ordinance, or Charter of the City of Stockton.
26. "Operate" or "engage in" includes carry on, keep, conduct,
maintain, or cause to be kept or maintained.
27. "Owner" applied to a building or land, shall include any part
owner, joint owner, tenant, tenant in common, joint tenant, of the whole or
a part of such building or land.
28. "Person," unless it otherwise appears from the context as used,
includes any person, firm, association, organization, partnership, business
trust, company, corporation, public agency, school district, the State of California,
its political subdivisions and/or instrumentalities thereof or any other entity
which is recognized by law as the subject of rights or duties.
29. "Premises" means any building, lot, parcel, real estate, or land
or portion of land whether improved or unimproved including adjacent street.
30. "Property Owner" means the record owner of real property as listed
on the last equalized assessment roll as maintained by the San Joaquin County
Assessor.
31. "Public Nuisance" means any condition caused, maintained or permitted
to exist which constitutes a threat to the public's health, safety and welfare
which is injurious to the senses or which significantly obstructs, injures
or interferes with the reasonable or free use of property in a neighborhood,
community or to any considerable number of persons. A public nuisance also
has the same meaning as set forth under the California Civil Code.
32. "Responsible Person" means a person who a Director determines
is responsible for causing, permitting, or maintaining a public nuisance or
a violation of the Municipal Code, Uniform Code or applicable state codes.
The term "Responsible Person" includes, but is not limited to, a
property owner, tenant, person with a legal interest in the property, person
in possession of the property or person that exercises custody and control
over the property.
33. "Sale" includes any sale, exchange, barter or offer for sale.
34. "Shall" is mandatory and "may" is permissive. However,
the use of the word "shall" is not intended and shall not impose
any mandatory duty to third parties by the City of Stockton, its commissions,
boards, officers, agents or employees and is not intended and shall not impose
any liability on the City of Stockton, its commissions, boards, officers, agents
or employees.
35. "Sideyard" shall mean the area between the side of the building
and the side property line.
36. "State" is the State of California.
37. "Street" includes all streets, highways, avenues, lanes, alleys,
courts, places, squares, curbs, sidewalks, parkways 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.
38. "Substandard properties" means any property that is maintained
with any of the conditions set out in section 14-402.1 of this Code.
39. "Tenant or Occupant" applied to a building or land shall include
any person who occupies the whole or part of such building or land, whether
alone or with others.
40. "Visual blight" means any unreasonable or unlawful condition
or use of premises or of a building exterior which by reason of its appearance
as viewed at ground level from the public right-of-way or from neighboring
premises, is detrimental to the surrounding area and the property of others,
or is detrimental to the health, safety and welfare of individuals residing
within the community.
(Amended by Ordinance 030-97C.S. — Effective January 15, 1998) (Amended
by Ordinance 033-96C.S. — Effective October 23, 1996) (Repealed/Added
by Ordinance 030-86C.S. — Effective June 12, 1986) (Amended by Ordinance
033-96C.S. — Effective October 23, 1996)
SEC. 1-020.1 GENERAL RULES OF INTERPRETATION OF ORDINANCES:
For purposes of this Municipal Code:
A. Any gender includes the other gender.
B. The singular number includes the plural and the plural the singular.
C. Words used in the present tense include the past and future tense and vice
versa.
D. Words and phrases used in this Code and not specifically defined shall be
construed according to the context and approved usage of the language.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
Stockton,
CA 
