Unless the provisions of the context otherwise require, 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 § 1300)
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 Article or Section hereof.
(Prior code § 1301)
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, Charter, or any law, or by reason of
ownership or control of property.
(Prior code § 1302)
Whenever in this Code any act or omission is made unlawful,
it shall include causing, permitting, aiding, abetting, suffering
or concealing the fact of such act or omission.
(Prior code § 1303)
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.
(Prior code § 1304)
Writing includes any form of recorded message, whether recorded
electronically or on paper, that is 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 § 1305; amended
by Ord. No. 2581CCS § 1, adopted 8/14/18)
(a) In
any written communication or contract by or with the City, in which
a signature is required or used, the City may authorize the use of
a digital signature by any party, so long as the digital signature
complies with the requirements of
Government Code Section 16.5.
(b) The
use of a digital signature compliant with this Section shall have
the same force and effect as the use of a manual signature using ink
applied to paper.
(c) The
City Manager shall determine acceptable technologies and vendors to
provide the means for employing digital signatures under this section,
consistent with industry best practices, to ensure the security and
integrity of the data and the signature. The City Manager shall further
determine the documents for which the City will accept digital signatures.
(Added by Ord. No. 2581CCS §
2, adopted 8/14/18)
Whenever a reference is made to any portion of this Code, or
to any ordinances of this City, reference applies to all amendments
and additions now or hereafter made.
(Prior code § 1306)
Whenever a notice is required to be given under this Code, unless
different provisions herein are otherwise specifically made, 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 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 § 1307)
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 § 1308)
The present tense includes the past and future tenses, and the
future, the present.
(Prior code § 1309)
The masculine gender includes the feminine and neuter.
(Prior code § 1310)
The singular number includes the plural, and the plural, the
singular.
(Prior code § 1311)
"Shall" is mandatory and "may" is permissive.
(Prior code § 1312)
"Oath" includes affirmation.
(Prior code § 1313)
"Person" includes any person, firm, association, organization,
partnership, business trust, company, or corporation.
(Prior code § 1314)
"State" is the State of California.
(Prior code § 1315)
"County" is the County of Los Angeles.
(Prior code § 1316)
"City" is the City of Santa Monica.
(Prior code § 1317)
The use of the title of any officer, employee, office, ordinance
or Charter shall mean such officer, employee, office, ordinance or
Charter of the City of Santa Monica.
(Prior code § 1318)
"Council" is the City Council of this City.
(Prior code § 1319)
"Street" includes all streets, highways, avenues, lanes, alleys,
courts, places, squares, curbs, or other public ways in this 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 this State.
(Prior code § 1320)
"Owner" applied to a building or land, shall include any part
owner, joint owner, tenant, tenant in common, joint tenant, of the
whole or a part of such building or land.
(Prior code § 1321)
"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.
(Prior code § 1322)
In any matter in which the City Council is called upon to consider
an appeal from any action or decision of any City board, commission,
examiner or official, the City Council shall be deemed to have denied
the appeal and affirmed the decision of the City board, commission,
examiner or official if, following consideration of the appeal, the
City Council by majority vote does not reverse or modify the decision
from which an appeal has been made.
This Section is declarative of existing law and does not constitute
a change in existing law.
(Prior code § 1330; added
by Ord. No. 1551CCS, adopted 10/9/90)