Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in this chapter 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 objectives and to promote justice.
(Ord. 10 § 9, 1979)
All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold such offices in accordance with the tenure originally granted such persons.
(Ord. 10 § 11, 1979)
The title, chapter, article, and section headings contained in this Code 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, article, or section of this Code.
(Ord. 10 § 12, 1979)
The Council finds that it is desirable and in the public interest to establish a municipal code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the City. The Code is adopted under the provisions of Government Code Sections 50022.1 through 50022.8.
(Ord. 10 § 1, 1979)
"Section" means a section of this Code unless some other source is specifically set forth. "Subsection" means a subsection of the section in which the term occurs, unless some other section is expressly set forth.
(Ord. 10 § 13, 1979)
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.
(Ord. 10 § 15, 1979)
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, such notice, report, statement, or record shall be made in writing in the English language unless this Code expressly provides otherwise.
(Ord. 10 § 16, 1979)
Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the City unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code, or to any ordinance of the City, the reference shall apply to all amendments and additions to this code.
(Ord. 10 § 17, 1979)
Whenever a notice is required to be given pursuant to the provisions of this Code, unless different provisions are otherwise specifically set forth in the text of the Code, 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 or her last known business or residence address as such address 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 the notice is deposited in the post office.
(Ord. 10 § 18, 1979)
Proof of giving any notice required to be given pursuant to the provisions of this Code may be made by the certificate of any officer or employee of the City or by the affidavit of any person over the age of 18 years, which affidavit shows service in conformity with the provisions of this Code or other provisions of law applicable to the subject matter concerned.
(Ord. 10 §19, 1979)
When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.
(Ord. 10 § 20, 1979)
For the purposes of this Code, unless otherwise apparent from the context, certain words and phrases used in this Code are defined as follows:
"Calendar year"
means from January 1st through December 31st of any given year.
"City"
means the City of Atascadero.
"City Clerk"
means the City Clerk of the City of Atascadero.
"City Manager"
means the appointed official of the City who occupies the position as chief administrative officer of the City.
"City Treasurer"
means the City Treasurer of the City of Atascadero.
"Council"
means the City Council of the City.
"Councilmember"
means a person duly elected to the Council.
"County"
means the County of San Luis Obispo.
"Fiscal year"
means from July 1st of any given year through June 30th of the following year.
Gender.
The masculine gender includes the feminine and neuter genders.
"Goods"
means and includes wares and merchandise.
"May"
shall be permissive.
"Month"
means a calendar month unless otherwise expressed.
Number.
The singular number includes the plural, and the plural number includes the singular.
"Oath"
includes affirmation.
Office.
The use of the title of any officer, employee, office, or ordinance means such officer, employee, office, or ordinance of the City unless otherwise specified.
Official Time Standard.
Wherever certain hours are named in this Code, they mean standard time or daylight saving time as may be in current use in the City.
"Operate"
means and includes carrying on, keeping, conducting, or maintaining.
"Owner,"
applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.
"Person"
includes any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city (except the City of Atascadero), the County, any district in the County, the State, or the United States of America, or any department or agency of any thereof, unless the applicable law or this Code expressly provides otherwise.
"Personal property"
includes money, goods, chattels, things in action, and evidences of debt.
"Property"
includes real and personal property.
"Quarterly,"
where used to designate a period of time, means the first three calendar months of any given year or any succeeding period of three calendar months.
"Real property"
includes land, tenements, and hereditaments.
"Sale"
includes any sale, exchange, barter, or offer for sale.
"Must" and "shall"
are each mandatory except in reference to acts or omissions of the City, Council, or any board, commission, officer, agent, or employee of the City while acting in the course and scope of their duties or employment. Within this exception "must" and "shall" are directory only.
"State"
means the State of California.
"Street"
includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, 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 the State.
"Tenant or occupant,"
applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
Tense.
The present tense includes the past and future tenses, and the future tense includes the present tense.
(Ord. 10 § 21, 1979; Ord. 87 § 1, 1984)
Notwithstanding any other provision of the law, no City ordinance, resolution, policy, rule, or regulation with the force of law presently in effect, or hereafter adopted or enacted, will impose a mandatory duty upon the City, Council, or any board, commission, officer, agent or employee of the City while acting in the course and scope of their duties or employment.
(Ord. 87 § 2, 1984)
(a) 
Except where an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this Code, or to any administrative decision made by any official of the City, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds thereof.
(b) 
No appeal may be taken to any such administrative decision made by an official of the City pursuant to any of the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned and with the City Manager.
(c) 
No right of appeal to the Council from any administrative decision made by an official of the City pursuant to any of the provisions of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, whether the administrative decision involves the denial, suspension, or revocation of a permit or any other administrative decision.
(Ord. 10 § 22, 1979)
Upon the filing of the notice of appeal in proper form, the City Clerk shall place the matter on the Council agenda for the next regular meeting of the Council which will be held at least five days after the date of the filing of the notice of appeal. Except in cases of emergency when the Council may determine the matter immediately, the Council shall set the matter for hearing at a subsequent meeting, but in no event later than 30 days after the date of the filing of the notice of appeal with the City Clerk. The City Clerk shall cause a written notice of the hearing to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant.
(Ord. 10 § 24, 1979)
At the hearing required by the provisions of Section 1-2.15, the appellant shall show cause on the grounds set forth in the notice of appeal why the action appealed from should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.
(Ord. 10 § 25, 1979)