Unless the provisions or 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)
Title, chapter, section, and subsection headings contained in
this chapter 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, section or subsection of this chapter.
(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, 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 such act or omission.
(Prior code § 1303)
Whenever in this code 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, or
by an officer of the County of Los Angeles, or by a deputy or employee
of such officer when by contract with the City of Malibu such officer
is obligated and has agreed to perform certain duties on behalf of
the city, unless this code expressly provides otherwise.
(Prior code § 1304)
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 § 1305)
Whenever a reference is made to any portion of this code, or
to any ordinance of this city, the 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 or declaration
under penalty of perjury as provided by the California Code of Civil
Procedure Section 2015.5. of any person over the age of 18 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 unless the context
requires otherwise.
(Prior code § 1312)
"Oath" includes affirmation.
(Prior code § 1313)
"Person" as used in this code or in any ordinance or code adopted
hereby, includes any person, firm, association, organization, partnership,
business trust, company or corporation, and any municipal, political
or governmental corporation, district, body or agency, other than
the city of Malibu.
(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 Malibu.
(Prior code § 1317)
The use of the title of any officer, employee, or official shall
mean such officer, employee, or official of the city of Malibu, or
his or her duly authorized representative.
(Prior code § 1318)
"Council" is the city council of the city of Malibu.
(Prior code § 1319)
"Street" includes all streets, highways, avenues, lanes, alleys,
courts, places, squares, sidewalks, parkways, curbs or other public
ways in this city which have been or may hereafter be dedicated and
open to public use and accepted by resolution of the city council,
or such other public property as 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" as used in reference 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)
"Sale" includes any sale, exchange, barter or offer for sale.
(Prior code § 1323)
"Goods" includes wares or merchandise.
(Prior code § 1324)
"Operate" includes carry on, keep, conduct or maintain.
(Prior code § 1325)
Whenever used in any ordinance, statute, or other matter which
is adopted by reference, unless the context requires otherwise, the
following references shall be given the following meanings:
A. "County
of Los Angeles" means the city of Malibu.
B. "Board
of supervisors" means the city council of the city of Malibu.
C. "Unincorporated
territory" means the incorporated territory of the city of Malibu.
D. "County"
means the city of Malibu.
E. "County
officer" means the appropriate or designated officer of the city of
Malibu.
F. "Public
welfare commission" means the city council of the city of Malibu.
G. "Planning
director" means the planning director of the city of Malibu.
(Prior code § 1326)
The city council may contract with the county of Los Angeles
pursuant to the laws of the state of California and the Charter of
the county of Los Angeles, for the performance and execution by designated
county officials of the rights, powers and duties of officers, officials
and employees of the city of Malibu. Whenever in this code, whether
set forth in full or by adoption by reference, any power or authority
is granted to an officer, official or employee, such power or authority
is conferred upon the appropriate officer, official or employee of
the city of Malibu or the appropriate officer, official or employee
of the county of Los Angeles whose service in behalf of the city is
provided for by a contract with the county of Los Angeles.
(Prior code § 1327)