Unless the provision or the context otherwise requires, the general provisions, rules of construction and definitions contained in this chapter shall govern construction of this code.
A. 
The provisions of this code, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.
B. 
The present tense includes the past and future tenses, and the future the present.
C. 
The masculine gender includes the feminine and neuter.
D. 
The singular includes the plural, and the plural the singular.
E. 
"Shall" is mandatory and "may" is permissive.
(Prior code § 1-1.05)
Whenever in this code the words or phrases defined in this section are used they shall have the respective meanings assigned to them in the following definitions, unless in the given instance the context wherein they are used clearly requires a different meaning:
"City"
means the city of Pleasanton.
"Person"
means and includes a natural person, firm, partnership, copartnership, association, organization, company or corporation.
"State"
means the state of California.
(Prior code § 1-1.06)
Whenever in this code a power is granted to a public officer or a duty is imposed upon a public officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer.
(Prior code § 1-1.07)
Whenever any notice, report, statement, or record is required by this code it shall be made in the English language.
(Prior code § 1-1.08)
Whenever reference is made to any portion of this code or to any other law of the state, the reference applies to all amendments or additions now or hereafter made.
(Prior code § 1-1.09)
This code is applicable within the incorporated area of the city.
(Prior code § 1-1.10)
If any section, subsection, sentence, clause, phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council of the city declares that it would have adopted this code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
(Prior code § 1-1.12)
A. 
Code of Civil Procedure, Section 1094.6 is hereby adopted for judicial review of any administrative decision or order of the city, its commissions, boards, officers or agents.
B. 
Notice shall be provided to the party that the time within which judicial review must be sought is governed by Code of Civil Procedure Section 1094.6 and/or this section.
(Ord. 1498 § 1, 1991)
A. 
Authority. This section is enacted pursuant to Section 935 of the California Government Code.
B. 
Claims Required. All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this section, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section.
C. 
Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.
D. 
Refunds. All refunds shall be limited to one year from receipt of written claim.
E. 
Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of subsection B of this section.
F. 
Suit. Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940 to 949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of Sections 950 and 951 of the California Government Code.
(Ord. 1616 § 1, 1994; Ord. 1967 § 1, 2008; Ord. 2019 § 1, 2011)
No legal or equitable process shall be issued in any proceeding in any court against the city or any officer of the city to prevent or enjoin the collection of any tax. After payment of a tax claimed to be illegal, not due and/or owing, and/or incorrectly calculated, an action may be maintained to recover the tax paid; provided, that prior to any judicial action all administrative remedies shall be exhausted.
(Ord. 2019 § 1, 2011)
A. 
In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover its reasonable attorney fees pursuant to Government Code Section 38773.5. Recovery of attorney fees shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney fees. An award of attorney fees to a prevailing party shall not exceed the amount of reasonable attorney fees incurred by the city in any legal action, administrative proceeding or special proceeding.
B. 
If any person causes, suffers, maintains or permits a public nuisance to continue after written notice is given to such person by the city, directing such person to abate the nuisance, and such continuation goes beyond the time set for such abatement in the written notice, then such person shall be liable to the city for the expenses incurred in detecting, investigating and abating the violation, including attorney fees and the costs of monitoring compliance.
(Ord. 2022 § 1, 2011)