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. 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)