Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.040 Reference applies to amendments.
1.04.060 Notice – Proof of giving.
1.04.010 Definitions.
For the purpose of this code, certain words and phrases are defined and certain provisions shall be construed as set out in this section, unless it is apparent from their context that a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases.
A. “City” shall mean the City of Calistoga.
B. “Council” shall mean the Council of the City.
C. “County” shall mean the County of Napa.
D. “Oath” includes affirmation.
E. “Occupant” applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.
F. “Officer” is any elected or appointed officer, except where the natural construction otherwise indicates. An “appointed officer” is a person appointed by or employed by the City as the principal employee of a department for the discharge of duties expressly provided for by law or particular delegated functions.
G. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, or joint tenant, of the whole or a part of such building or land.
H. “Person” includes any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States, the State, any county, city and county, municipality, district, or other political subdivision of the State, or any other group or combination acting as a unit.
I. “State” shall mean the State of California.
J. “Street” includes all streets, highways, avenues, roads, 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.
K. “Tenant” applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.
L. Whenever the word “Town” is used, it shall mean City. The name of the Town of Calistoga is changed to the City of Calistoga.
1.04.020 Headings.
Chapter, article and section headings 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 chapter, article or section of this code.
1.04.030 Acts by deputy.
Whenever a power is granted to, or a duty is imposed upon a City 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.
1.04.040 Reference applies to amendments.
Whenever a reference is made to any portion of this code, or to any ordinances of this City, the reference applies to all amendments and additions now or hereafter made.
1.04.050 Notice – How given.
A. Whenever a notice is required to be given under this code, unless different provisions in this code 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 person’s 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.
B. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.
1.04.060 Notice – Proof of giving.
Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this code, or other provision of law applicable to the subject matter concerned.
1.04.070 Gender and number.
In any interpretation of this code necessary to give effect to any provision of the code, the masculine includes the feminine and neuter, the feminine includes the masculine and neuter, the neuter includes the masculine and feminine, the singular includes the plural, and the plural includes the singular.
1.04.080 Shall and may.
“Shall” is mandatory and “may” is permissive.
1.04.090 Remedies.
Unless specifically stated to be exclusive, any remedies set forth in any section of this code shall be nonexclusive and shall be in addition to any and all other remedies available to the City as provided by law or this code.
The use of one or more remedies by the City shall not bar the use of any other remedy for enforcing the provisions of this code.
1.04.095 Severability.
If any section, subsection, sentence, clause or phrase of this code is for any reason held invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The Council hereby declares that it would have passed the ordinances codified herein and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the code would be subsequently declared invalid or unconstitutional. (Ord. 459, 1991).