The following words and phrases, whenever used in the ordinances of the city of Yucaipa, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
"City"
means the city of Yucaipa, county of San Bernardino, and such territory outside the city, over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
"Council"
means the city council of the city of Yucaipa. "All its members" or "all councilmembers" means the total number of councilmembers holding office.
"County"
means the county of San Bernardino, California, or the area within the limits of San Bernardino County, and such territory outside of San Bernardino County over which the county has jurisdiction or control by virtue of any constitutional or statutory provision.
"Fiscal year"
means from July 1st of any given year through June 30th of the following year.
"Law"
denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city of Yucaipa, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
"May"
is permissive.
"Month'
means a calendar month, unless otherwise expressed.
"Must" and "shall"
are each mandatory.
"Oath"
includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
"Official time standard"
means standard time or daylight savings time as may be in current use in the city.
"Owner"
applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building of land.
"Person"
includes a natural person, joint venture, joint stock company, partnership, association, club company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Personal property"
includes money, goods, chattels, things in action and evidences of debt.
"Police," "police chief" or "chief of police"
means the agency which performs the appropriate law enforcement function for the city, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within the city.
"Preceding" and "following"
mean next before and next after, respectively.
"Property"
includes real and personal property.
"Quarterly"
where used to designate a period of time, means the first three calendar months of any given year or any succeeding period of three calendar months.
"Real property"
includes lands, tenements, and hereditaments.
"Sale"
includes any sale, exchange, barter or offer for sale.
"Sidewalk"
means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
"State"
means the state of California.
"Street"
includes all streets, highways, avenues, lanes, alleys, courts, places, squares, 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.
"Tenant" or "occupant,"
applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
"Written"
includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.
"Year"
means a calendar year.
(Ord. 156 § 1, 1996; Ord. 452 § 2, 2024)
Use of the title of any office, employee, department, board or commission means that officer, employee, department, board or commission of the city of Yucaipa.
(Ord. 156 § 2, 1996)
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(Ord. 156 § 3, 1996)
The following grammatical rules shall apply in the ordinances of the city of Yucaipa, unless it is apparent from the context that a different construction is intended:
A. 
Gender. Each gender includes the masculine, feminine and neuter genders.
B. 
Singular and plural. The singular number includes the plural and the plural includes the singular.
C. 
Tenses. Words used in the present tense include the past and the future tenses and vise versa, unless manifestly inapplicable.
(Ord. 156 § 4, 1996)
When an act is required by an ordinance, the same being such that it may be done as well by an agent or deputy as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent or deputy. 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 an ordinance of the city expressly provides otherwise.
(Ord. 156 § 5, 1996)
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.
(Ord. 156 § 7, 1996)
The provisions of the ordinances of the city of Yucaipa, and all proceedings under them are to be construed with a view to effect their objects and to promote justice.
(Ord. 156 § 8, 1996)
All references in the ordinances of the city of Yucaipa to places, acts, persons or things and all else in relation to the ordinances of the city shall be construed to mean that the same are applicable to the city, whether the city is mentioned in each particular section or not. Portions of the ordinances of the city have been adopted from the San Bernardino County Code. To the extent that any section, subsection, sentence, clause or phrase of the ordinances of the city is in conflict with the San Bernardino County Code provisions so adopted, the later adopted portion of the city ordinance shall control and shall take precedence over the inconsistent portion or portions of the San Bernardino County Code.
(Ord. 156 § 10, 1996)
When a limitation or period of time prescribed in any existing ordinance, or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run shall be deemed a part of the time prescribed as such limitation.
(Ord. 156 § 11, 1996)
The violation of, or the failure or omission or perform in accordance with, any administrative provision of the ordinances of the city of Yucaipa by any officer or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the rules and regulations of the city, or of the civil service regulations of the city if applicable.
(Ord. 156 § 15, 1996)
A. 
Appeal procedure when not specified. Any person excepting to the denial, suspension or revocation of a permit or license applied for or held by them pursuant to this code or any city ordinance, or to any administrative decision made by any official of the city pursuant to this code or any city ordinance may appeal to the city manager or city council, as the case may be, when the right to appeal is specifically so provided in this code or city ordinance by reference to this section, by filing a written notice of appeal with the city clerk, setting forth the specific grounds thereof.
B. 
City council; city manager. Actions taken by any city official, officer, or employee under the supervision and control of the city manager shall be appealed to the city manager. All other appeals shall be made to the city council.
C. 
Time period for appeal when not specified. Notice of such appeal shall be filed with the city clerk by the close of business on the 10th calendar day following such action.
D. 
Notice and hearing. The city clerk shall forthwith set a date for hearing before either the city council or city manager, as the case may be, and shall give the appellant at least five calendar days notice of the time and place of said hearing.
E. 
Final decision. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted should not be approved. The city manager or city council, as the case may be, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter.
F. 
Judicial review of administrative decision. Any interested person seeking judicial review pursuant to Code of Civil Procedure (CCP) Section 1094.5 of any final decision, as defined in CCP Section 1094.6(e), of the city council, city manager, or any boards, commissions, officers, agents or employees of the city empowered to make such decisions may do so only if the petition for writ of mandate pursuant to CCP Section 1094.5 is filed within the time limits specified in CCP Section 1094.6.
(Ord. 156 § 16, 1996; Ord. 452 § 3, 2024)