Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions.
1.04.020 Tenses.
1.04.030 Gender.
1.04.040 Number.
1.04.050 Shall and may.
1.04.060 Provisions governing construction.
1.04.070 Area of application.
1.04.080 Prohibited acts include causing, permitting or suffering.
1.04.090 Acts of deputies.
1.04.100 Notices.
1.04.110 Appeal.
1.04.120 Master insurance and indemnity requirements schedule.
1.04.010 Definitions.
As used in this code:
A. “City” is the city of Foster City.
B. “City council” is the city council of this city.
C. “City manager” is the appointed official of the city who occupies the position as chief administrative officer of the city.
D. “County” is the county of San Mateo.
E. “Oath” includes affirmation.
F. “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.
G. “Person” includes an individual, firm, association, organization, partnership, business trust, company or corporation.
H. “State” is the state of California.
I. “Street” includes a highway, avenue, lane, alley, court, place, square, curb, and other public ways in the city which are dedicated and open to public use. Street also includes such other public property designated as such by law.
J. “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. 2 § 1 (part), 1971: prior code § 1-202)
1.04.020 Tenses.
The present tense includes the past and future tenses, and the future, the present. (Ord. 2 § 1 (part), 1971: prior code § 1-203)
1.04.030 Gender.
The masculine gender includes the feminine and neuter. (Ord. 2 § 1 (part), 1971: prior code § 1-204)
1.04.040 Number.
The singular number includes the plural, and the plural, the singular. (Ord. 2 § 1 (part), 1971: prior code § 1-205)
1.04.050 Shall and may.
“Shall” is mandatory and “may” is permissive. (Ord. 2 § 1 (part), 1971: prior code § 1-206)
1.04.060 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. 2 § 1 (part), 1971: prior code § 1-207)
1.04.070 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. 2 § 1 (part), 1971: prior code § 1-209)
1.04.080 Prohibited acts include causing, permitting or suffering.
Whenever in this code an act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission. (Ord. 2 § 1 (part), 1971: prior code § 1-210)
1.04.090 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 or by any person authorized by law or ordinance, unless the code specifically provides otherwise. (Ord. 2 § 1 (part), 1971: prior code § 1-211)
1.04.100 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. 2 § 1 (part), 1971: prior code § 1-212)
1.04.110 Appeal.
Unless otherwise specially provided, a person aggrieved by an administrative action taken by any officer of the city under this 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 thirty 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. 2 § 1 (part), 1971: prior code § 1-214)
1.04.120 Master insurance and indemnity requirements schedule.
The city will keep a master insurance and indemnity requirements schedule, which the city council shall adopt and update by resolution from time to time. The schedule shall govern the insurance and indemnity requirements for various city authorizations and approvals. (Ord. 632 § 1, 2020)