[HISTORY: Adopted by ordinance 6-14-1993. Amendments noted where applicable.]
All general provisions, terms phrases and expressions contained
in this Code shall be liberally construed in order that the true intent
and meaning of the Board of Aldermen may be fully carried out. Technical
words and phrases having a peculiar and appropriate meaning in law
shall be understood according to the technical import.
The headings of the chapters and sections of this Code are intended
as guides and not as part of this Code for purposes of interpretation
or construction.
The provisions appearing in this Code, so far as they are in
substance the same as those of ordinances existing at the time of
the adoption of this Code, shall be considered as a continuation thereof
and not as new enactments.
Whenever any ordinance or part of an ordinance shall be repealed
or modified, either expressly or by implication, by a subsequent ordinance,
the ordinance or part of an ordinance thus repealed or modified shall
continue in force until the subsequent ordinance repealing or modifying
the prior ordinance shall go into effect unless therein otherwise
expressly provided; but no suit, prosecution, proceeding, right, fine
or penalty instituted, created, given, secured or accrued under any
ordinance previous to its repeal shall in anywise be affected, released
or discharged but may be prosecuted, enjoyed and recovered as fully
as if such ordinance or provisions had continued in force, unless
it shall be therein otherwise expressly provided.
When an ordinance repealing a former ordinance, clause or provision
shall itself be repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision unless it be expressly
so provided and such former ordinance, clause or provision is set
forth at length.
It is hereby declared to be the intention of the Board of Aldermen
that the chapters, sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
section, or chapter of this Cede shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, sections, and chapters of this Code since the same would
have been enacted by the Board of Aldermen without the incorporation
in this Code of any such unconstitutional or invalid phrase, clause,
sentence, paragraph or section.
Except as otherwise specifically provided or indicated by the
content, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code but shall
extend to and include the time of the happening of any act, event,
or requirement for which provision is made herein either as a power,
immunity, requirement, or prohibition.
A.
Whenever notice may be required under the provisions of this Code
or other City ordinance, the same shall be served in the following
manner:
1.
By delivering the notice to the owner personally or by leaving the
same at his residence, office or place of business with some person
of suitable age and discretion, or
2.
By mailing said notice by certified or registered mail to such owner
at his last known address, or
3.
If the owner is unknown, or may not be notified under the requirements of § 12.080A1 or 2, then by posting said notice in some conspicuous place on the premises at least five clays before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any City Officer, unless permission is given by said officer.
The provisions of the section shall not apply to those chapters
of this Code wherein there is a separate definition of notice.
In computing any period of time prescribed or allowed by this
Code or by any notice or order issued pursuant thereto, the day of
the act, event or default after which the designated period of time
begins to run is not to be included. The last day of the period so
computed is to be included, unless it is a Sunday or a legal holiday,
in which event the period runs until the end of the next day which
is neither a Sunday nor a legal holiday. When the period of time prescribed
or allowed is less than seven days, intermediate Sundays and legal
holidays shall be excluded in the computation. A half holiday shall
be considered as other days and not as a legal holiday.
When any subject matter, party or person is described or referred
to by words importing the masculine, females as well as males, and
associations and bodies corporate as well as individuals, shall be
deemed to be included.
Words importing joint authority to three or more persons shall
be construed as authority to a majority of such persons.
When any subject matter, party or person is described or referred
to by words importing the singular number, the plural and separate
matters and persons and bodies corporate shall be deemed to be included;
and, when words importing the plural number are used, the singular
shall be deemed to be included.
