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 to an ordinance in this code means such ordinance
of the city of Upland, unless otherwise specifically provided.
(Prior code § 1303)
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ordinance or not, unless such penalty is specifically repealed therein.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 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 § 1305)
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:
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.
means the county of San Bernardino.
means the state of California.
means the city council of this city.
means and includes affirmation.
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.
means the city manager of this city or his successor as chief
executive officer of the city.
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.
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.
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.
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.
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.
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.
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.
means the year commencing with July first and ending the
following June 30th.
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.
Each is mandatory. May is permissive.
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.
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.
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.
means and includes any sale, exchange, barter or offer for
sale.
means and includes wares or merchandise.
means and includes commence, engage in, carry on, conduct,
maintain, manage and operate.
means and includes carry on, keep, conduct or maintain.
means and includes businesses, professions, trades and occupations,
and all and every kind of calling.
means and includes any charge imposed for a license, whether
the object be regulation of revenue, or both regulation and revenue.
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.
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)
