(A) Rules of interpretation. This code shall be construed by the following rules unless the construction is plainly repugnant to the legislative intent or context of the provision.
(1) Words and phrases shall be taken in their plain, ordinary and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(2) Words imputing joint authority to 3 or more persons shall be construed as imputing authority to a majority of persons, unless otherwise declared in the section giving the authority.
(3) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.
(4) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. When used to designate a subordinate element of government shall mean and be construed as including all offices, departments, institutions, boards, commissions and corporations of the county government and when so specified, all offices, departments, institutions, boards, commissions and corporations which receive or disburse county funds.
BOARD. Whenever the words BOARD OF COMMISSIONERS, THIS BOARD or THE BOARD are used, such words shall be construed to mean the executive governing body of the County of Cass, Indiana.
BOARD OF ZONING APPEALS. The Board established pursuant to I.C. 36-7-4-900 which has the authority to hear and determine appeals regarding orders, requirements, decisions or determinations in relation to a Zoning Ordinance and which has the authority to approve or deny all special exceptions, special uses, contingent uses and conditional uses.
COMMISSION. The Plan Commission.
COMPUTATION OF TIME. When a statute requires that a notice be given, or any other act be done, no later than a certain period of time before the filing of any motion or the commencement of any proceeding, the computation of the period shall not include the day for the filing of the motion or for the commencement of the proceeding, but may include the day on which the notice is given, or on which the act is done. When a statute requires that a notice be given or any other act be done, within a certain period of time after the occurrence of any event or after the commencement of any proceeding, the computation of the period shall not include the day on which the event occurred or on which any proceeding commenced, but shall include the day on which the notice is to be given, or on which the act is to be done.
COUNTY. Cass County, Indiana.
COUNTY COUNCIL. The financial body.
COUNTY EXECUTIVE. The Board of Commissioners of Cass County.
DESIGNEE. Following an official of the county, the authorized agent employee or representative of the official.
ET SEQ. The Latin phrase meaning AND THE FOLLOWING.
HIGHWAY. Bridges, roads and streets unless otherwise expressly provided.
I.A.C. Rules and regulations found in the Indiana Administration Code.
I.C. State law found in the Indiana Code.
MONTH. One calendar month.
NUMBER. A word importing the singular number only, may, where the context requires, extend and be applied to several persons or things as well as to 1 person or thing; a word importing the plural number only, may, where the context requires, extend and be applied to 1 person or thing, as well as to several persons or things.
ORDINANCES and RESOLUTIONS. The ordinances and resolutions of the County of Cass and all amendments including this code and its supplements.
OWNER. As applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of the building or land.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER, as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PLAN COMMISSION. The Commission established to carry out the duties of I.C. 36-7-4-401 et seq., as it may be amended from time to time.
PRECEDING and FOLLOWING. When referring to sections or divisions in this code, the
sections or divisions next following or next preceding that in which the words occur unless some other section is designated.
PRIVATE PROPERTY. Property not owned by a public entity.
PUBLIC PLACE. Any public street, road, highway, alley, lane, sidewalk, crosswalk or other public way, or any public property, or any shopping center whose owners have entered into a contract with the county pursuant to I.C. 36-7.
QUORUM. A majority of the members of a board, commission, committee or Council holding office, unless otherwise specifically provided in this code.
REAL PROPERTY. Land, tenements and hereditaments.
REASONABLE TIME. In all cases where any provision shall require any act to be done in a reasonable time or reasonable notice to be given to any person, the reasonable time or notice shall be deemed to mean such time only as may be necessary in the prompt execution of the duty, or compliance with the notice.
REGISTERED MAIL. Certified mail with return receipt requested.
SIDEWALK. Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians.
STATE LAW REFERENCES. The Indiana Code (I.C.) and any subsequent amendments.
STREET. All roads, highways, avenues, lanes, alleys, courts, squares, boulevards, viaducts or other public ways in the county which have been or may hereafter be dedicated and open to public use for vehicular traffic.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by Planning and Development laws of the State of Indiana, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
TENANT and OCCUPANT. Applied to a building or land, include any person holding a written or oral lease of, or who occupies the whole or a part of the building or land, either alone or with others.
TIME. Includes words used in the past or present tense and includes the future as well as the past and present.
TOWNSHIP. The township or townships in which the county is located.
WILL. A mandatory direction.
WORDS AND PHRASES. According to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to the meaning.
(a) Printing, lithographing or other modes of representing words and letters.
(b) Where the written signature of a person is required, the terms mean the proper handwriting of the person or the person’s mark.
YEAR. One calendar year unless otherwise expressly provided.
(I.C. 1-1-4-5) (1993 Code, § 1-3)
