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)
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:
"Calendar year"
means from January 1st of any given year through December 31st of the same year.
"City"
is the city of Sunnyvale.
"Council"
is the city council of this city.
"County"
is the county of Santa Clara.
"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.
"May"
is permissive.
"Month"
means a calendar month, unless otherwise expressed.
"Number."
The singular number includes the plural, and the plural, the singular.
"Office."
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.
"Owner"
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.
"Person"
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.
"Personal property"
includes money, goods, chattels, things in action, evidences of debt and every species of property, except real property, as herein defined.
"Property"
includes both real and personal property.
"Quarterly,"
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.
"Real property"
includes lands, tenements and hereditaments.
"Shall"
is mandatory.
"State"
is the state of California.
"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.
"Tenses."
The present tense includes the past and future tenses, and the future, the present.
(Prior code § 1-3.13)