Chapter 1.10
RULES OF CONSTRUCTION
Sections:
1.10.020 Definitions in the code.
1.10.070 Provisions governing construction.
1.10.100 Prohibited acts include causing, permitting or suffering.
1.10.130 Severability of provisions.
1.10.010 Citation of code.
This code may be cited as the Calimesa Municipal Code. It may be so cited in any prosecution of violation of this code. An ordinance amending this code may be designated as an amendment to the Calimesa Municipal Code. Every reference to this code or any portion of this code applies to this code as now or hereafter amended. [Ord. 90-13 § 11; Code 1990 § 1.2.01.]
1.10.020 Definitions in the code.
“City” means the city of Calimesa.
“City council” means the city council of this city.
“City manager” means the appointed officer of the city who occupies the position as chief administrative officer of the city.
“County” means the county of Riverside.
“Oath” includes affirmation.
“Owner,” as applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part.
“Person” includes an individual firm, association, organization, partnership, business trust, company or corporation.
“State” means the state of California.
“Street” includes a highway, avenue, lane, alley, court, place, square, curb, and other public way in the city which is dedicated and open to public use. “Street” also includes such other public property designated as such by law.
“Tenant” or “occupant,” applied to a building or land, includes a person who occupies the whole or part of the building or land, whether alone or with others. [Ord. 90-13 § 12; Code 1990 § 1.2.02.]
1.10.030 Tenses.
The present tense includes the past and future tenses, and the future, the present. [Ord. 90-13 § 13; Code 1990 § 1.2.03.]
1.10.040 Gender.
The masculine gender includes the feminine and neuter. [Ord. 90-13 § 14; Code 1990 § 1.2.04.]
1.10.050 Number.
The singular number includes the plural, and the plural, the singular. [Ord. 90-13 § 15; Code 1990 § 1.2.05.]
1.10.060 Shall and may.
“Shall” is mandatory and “may” is permissive. [Ord. 90-13 § 16; Code 1990 § 1.2.06.]
1.10.070 Provisions governing construction.
The provisions of this code and all proceedings under it shall be construed with a view to effect its objects and to promote justice. [Ord. 90-13 § 17; Code 1990 § 1.2.07.]
1.10.080 Effect of headings.
Title, chapter, article and section headings shall not govern, limit, modify or affect the scope, meaning or intent of this code. [Ord. 90-13 § 18; Code 1990 § 1.2.08.]
1.10.090 Area of application.
This code refers 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 the Constitution, law or ownership or control of property. [Ord. 90-13 § 19; Code 1990 § 1.2.09.]
1.10.100 Prohibited acts include causing, permitting or suffering.
Whenever in this code an act or omission is made unlawful, it includes causing, permitting, abiding, abetting, suffering or concealing that fact of the act or omission. [Ord. 90-13 § 20; Code 1990 § 1.2.10.]
1.10.110 Acts of deputies.
Where this code grants a power to a public officer or employee or imposes a duty on him, the power may be exercised or the duty performed by his deputy or employee by any person authorized by law or ordinance, unless the code specifically provides otherwise. [Ord. 90-13 § 21; Code 1990 § 1.2.11.]
1.10.120 Notices.
Where the code requires that notice be given, unless the code specially provides otherwise, notice shall be given in writing and may be delivered either personally or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address appearing in the public records or in other records of the matter for which notice is given. Notice by mail is considered served at the time of deposit in the United States Mail. [Ord. 90-13 § 22; Code 1990 § 1.2.12.]
1.10.130 Severability of provisions.
If a title, division, chapter, section, subsection, paragraph, sentence, clause, or phrase of this code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this code. The city council declares that it would have adopted each part of this code irrespective of the validity of any other part. [Ord. 90-13 § 23; Code 1990 § 1.2.13.]
1.10.140 Appeal.
Unless otherwise specially provided, a person aggrieved by an administrative action taken by any officer of the city under the code may appeal from the action to the city council. A written notice of appeal concisely stating the facts of the case and the grounds of appeal shall be filed with the city manager within 30 days of the action appealed from. The city manager shall have the matter set for hearing at a regular meeting of the city council and shall give the appellant written notice of the time and place of hearing at least five days before the hearing. The decision of the city council taken after the appellant has had an opportunity to be heard is final. [Ord. 90-13 § 24; Code 1990 § 1.2.14.]