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)
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)
The city council delegates authority to the city engineer, or their designee, to approve plans, specifications, and designs and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans, for all public projects, public works contracts and public improvements.
(Ord. 2295, 7/15/2025)
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)
A. 
Scope. The duty to exhaust administrative remedies imposed by this section extends to:
1. 
Any fee or charge subject to Article XIII C or XIII D of the California Constitution;
2. 
Any assessment on real property levied by the city; and
3. 
The methodology used to develop and levy such a fee, charge, or assessment.
B. 
"Hearing," as used in this section, means the hearing referenced in subsection (D)(4) of this section.
C. 
Duty to exhaust issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the city, unless that person submitted to the city clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.
D. 
Procedures. The city shall:
1. 
Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to subsection (D)(4).
2. 
Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer's report, and include a link to the internet website in the written notice of the hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.
3. 
Mail the written basis described in subsection (D)(2) to a ratepayer or property owner on request.
4. 
Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the city clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a hearing on the rate, charge or assessment.
5. 
Include in a written notice of the hearing, a statement in bold-faced type of 12 points or larger:
a. 
That all written objections must be submitted to the city clerk by the end of public comment period at the hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.
b. 
All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, Article XIII D, Section 6(a) or for an assessment on real property under California Constitution, Article XIII D, Section 4(e).
E. 
Council Consideration; City Responses. Before or during the hearing, the city council shall consider and the city shall respond in writing to, any timely written objections. The city council may adjourn the hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the hearing occurs. The city's responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.
F. 
City Council Determinations. The city council, in exercising its legislative discretion, shall determine whether:
1. 
The written objections and the city's response warrant clarifications to the proposed fee, charge, or assessment.
2. 
To reduce the proposed fee, charge or assessment.
3. 
To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.
4. 
To proceed with the hearing, to continue it, or to abandon the proposal.
(Ord. 2292, 3/18/2025)