Unless the provisions of the context otherwise specify, 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.
(Prior code § 1-3.01)
The provisions of this code insofar as they are substantially
the same as the provisions of the Sunnyvale Municipal Code, 1960 Edition,
relating to the same subject matter shall be construed as restatements
and continuations, and not as new enactments.
(Prior code § 1-3.02)
All persons who at the time this code takes effect hold office
under the provisions of the Sunnyvale Municipal Code, 1960 Edition,
which offices are continued by this code, continue to hold them according
to their former tenure.
(Prior code § 1-3.03)
Title, chapter, article 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 title, chapter,
article or section hereof.
(Prior code § 1-3.04)
"Section" means a section of this code unless some other source
is specifically mentioned. "Subsection" means a subsection of the
section in which the term occurs unless some other section is expressly
mentioned.
(Prior code § 1-3.05)
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 the city over which the city has jurisdiction or control
by virtue of the Constitution, or any law, or by reason of ownership
or control of property.
(Prior code § 1-3.06)
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 person
otherwise duly authorized pursuant to law or ordinance unless this
code expressly provides otherwise.
(Prior code § 1-3.07)
"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.
(Prior code § 1-3.08)
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.
(Prior code § 1-3.09)
Whenever a notice is required to be given under this code, unless
different provisions herein are otherwise specifically made in said
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 last known business or residence address as the
same 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 of deposit in the post
office.
(Prior code § 1-3.10)
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.
(Prior code § 1-3.11)
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.
(Prior code § 1-3.12)
The provisions of Section 1094.6 of the Code of Civil Procedure
of the state of California or as amended shall be applicable in the
city of Sunnyvale to decisions by the city, or by any officer, employee,
board, commission or other agency of the city. As used in this section,
"decision" means an adjudicatory administrative decision made, after
hearing, suspending, demoting, or dismissing an officer or employee,
revoking or denying an application for a permit or a license, or denying
an application for any retirement benefit or allowance.
(Ord. 2005-81 § 1)
The following words shall be interpreted as follows unless otherwise
apparent from the context:
means from January 1st of any given year through December
31st of the same year.
is the city of Sunnyvale.
is the city council of this city.
is the county of Santa Clara.
means from July 1st of any given year through June 30th of
the following year.
The masculine gender includes the feminine and neuter.
is permissive.
means a calendar month, unless otherwise expressed.
The singular number includes the plural, and the plural,
the singular.
The use of the title of any officer, employee, office or
ordinance shall mean such officer, employee, office or ordinance of
this city, unless otherwise specified.
applied to a building or land, shall include any part owner,
joint owner, tenant, tenant in common, joint tenant, of the whole
or part of such building or land.
includes any person, firm, company, corporation, partnership,
association, any public corporation, political subdivision, city (excepting,
however, the city of Sunnyvale), county, district, the state of California,
or the United States of America, or any department or agency of any
thereof, unless this code expressly provides otherwise.
includes money, goods, chattels, things in action, evidences
of debt and every species of property, except real property, as herein
defined.
includes both real and personal property.
when 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.
includes lands, tenements and hereditaments.
is mandatory.
is the state of California.
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.
The present tense includes the past and future tenses, and
the future, the present.
(Prior code § 1-3.13)
