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)
The headings of titles, chapters, articles and sections contained in this code 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, article or section.
(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 the city over which the city has jurisdiction or control by virtue of the Constitution or any law.
(Prior code §1302)
Any reference in this code to an ordinance or provision of this code means such ordinance or provision as now, or hereafter, amended. Reference to any section of this code shall be understood to refer to and include the penalty section relating thereto, unless otherwise expressly provided. In case of the amendment of any section of this code containing provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.
(Prior code § 1304)
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 § 1306)
Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, application or record required or authorized by this code is made, it shall be made in writing in the English language unless it is expressly provided otherwise.
(Prior code § 1307)
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 § 1308)
Whenever a date fixed by this code for the doing or performing of an act falls on Sunday or a holiday, the next succeeding business day shall be considered to be the date fixed by this code for the doing or performing of that act.
(Prior code §1309)
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 the 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 or any United States mail box.
(Prior code § 1310)
Proof of giving any notice may be made by the certificate of any officer or employee of this city or by affidavit 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 § 1311)
The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
"City"
means the city of Upland or the area within the territorial city limits of the city of Upland, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional provision, or any law.
"County"
means the county of San Bernardino.
"State"
means the state of California.
"Council"
means the city council of this city.
"Oath"
means and includes affirmation.
Office.
The use of the title of any officer, employee or office means such officer, employee or office of the city of Upland unless otherwise specifically designated.
"City manager" or "manager"
means the city manager of this city or his successor as chief executive officer of the city.
"City tax collector" or "tax collector"
means the city tax collector of this city or such person as hereafter may, by law, be authorized to perform for the city the duties ordinarily incident to the office of an official collector of taxes and licenses.
"City treasurer" or "treasurer"
means the city treasurer of this city or such person as hereafter may, by law, be authorized to perform for the city the duties ordinarily incident to the office of an official treasurer.
"City auditor" or "auditor"
means the city auditor of this city or such person as hereafter may be authorized to perform for the city the duties ordinarily incident to the office of an official auditor.
"City clerk" or "clerk"
means the city clerk of this city or such person as hereafter may, by law, be authorized to perform the duties now being performed by that official.
"City attorney" or "attorney"
means the city attorney of this city or such other official as hereafter may, by law, be designated as the official legal advisor of this city.
"Director of finance"
means the director of finance of this city or such person as hereafter may, by law, be authorized to perform for the city the duties ordinarily incident to the office of an official accountant.
"City assessor" or "assessor"
means the city assessor of this city or such person as hereafter may, by law, be authorized to perform for the city the duties ordinarily incident to a tax assessor.
"Fiscal year"
means the year commencing with July first and ending the following June 30th.
"Person"
means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee or any of them except as otherwise provided in this code, or where the context clearly requires a definite meaning.
Shall and must.
Each is mandatory. May is permissive.
"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, or such other public property so designated in any law of this state.
"Owner,"
applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or a part of such building or land.
"Tenant" or "occupant,"
applied to a building or land, means and includes any person who occupies the whole or part of such building or land, whether alone or with others.
"Sale"
means and includes any sale, exchange, barter or offer for sale.
"Goods"
means and includes wares or merchandise.
"Engage in"
means and includes commence, engage in, carry on, conduct, maintain, manage and operate.
"Operate"
means and includes carry on, keep, conduct or maintain.
"Business"
means and includes businesses, professions, trades and occupations, and all and every kind of calling.
"License fee"
means and includes any charge imposed for a license, whether the object be regulation of revenue, or both regulation and revenue.
Vote, Approval or Consent.
Except as may be otherwise provided in connection therewith, the phrase "vote, approval or consent of the council or other body" means the affirmative vote of a majority of those members present at a meeting having a quorum in attendance. Whenever the phrase refers to the members of the council or other body rather than to the council or body as such, the vote required shall be in relation to the total membership rather than to those members present at the meeting.
"Bond," "improvement security," and "security"
mean and include a contract by applicant approved by the city to make and/or maintain required improvements on private or public lands and secured by a lien on the property to be benefited by the entitlement or right requested in cases wherein the city requires and/or accepts said contract at the city's option; provided, that other security is not demanded by state law, and provided that the applicant can show sufficient equity in the real property offered as security, and further provided that the city deems the contract adequate security for the improvements to be made.
(Prior code § 1400)