Carpinteria Municipal Code Ch. 1.04 General Provisions

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 § 13.00)

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 § 1306)

The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of the city of Carpinteria, unless otherwise specified.

(Prior code § 1318)

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. In the event there shall not have been designated the public officer or employee referred to in this code or such position shall be temporarily vacant, then the power may be exercised or the duty may be performed by the city manager, unless this code expressly provides otherwise.

(Prior code § 1304)

Writing includes any form of recorded message capable of comprehension by ordinary visual means, including, but not limited to, printed, typewritten, mimeographed and/or multigraphed. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

(Prior code § 1305)

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 his 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.

(Prior code § 1307)

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 eighteen which shows service in conformity with this code, or other provision of law applicable to the subject matter concerned.

(Prior code § 1308)

Title, chapter and section headings contained herein 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 or section of this code.

(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 of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

(Prior code § 1302)

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

(Prior code § 1303)

The present tense includes the past and future tenses, and the future, the present.

(Prior code § 1309)

The masculine gender includes the feminine and neuter.

(Prior code § 1310)

The singular number includes the plural, and the plural, the singular.

(Prior code § 1311)

A. "Calendar year" means from January 1st through December 31st of any given year.

B. "City" means the city of Carpinteria.

C. "Council" means the city council of this city.

D. "County" means the county of Santa Barbara.

E. "Fiscal year" means from July 1st of any given year through June 30th of the following year.

F. "Holiday" means and includes all holidays recognized by federal or state regulations, except as such regulations are modified by city ordinance.

G. "Month" means a calendar month unless otherwise expressed.

H. "Oath" includes affirmation.

I. "Owner" applied to a building or land, includes any part-owner, joint-owner, tenant, tenant-in-common, joint-tenant, of the whole or a part of such building or land.

J. "Person" means and includes any person, firm, association, organization, partnership, business trust, company or corporation, and any manager, lessee, agent, servant or officer of any of them.

K. "Personal property" includes money, goods, chattels, things in action and evidences of debt.

L. "Property" means and includes both real and personal property.

M. "Quarterly" when 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.

N. "Real property" includes land, tenements and hereditaments.

O. "Shall" is mandatory and "may" is permissive.

P. "State" is the state of California.

Q. "Street" means and 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.

R. "Tenant" or "occupant" applied to a building or land, includes any person who occupies the whole or part of such building or land, whether along or with others.

(Prior code §§ 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330)

(Ord. 762, § 2, 1-23-2023)

Except where a different period of time is required by state law, or a different period of time is expressly required by city ordinance, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation relative to any city decision shall be commenced and service summons effected within ninety days after the effective date of such decision or action taken. Thereafter, all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceedings, determination, or actions taken.

The provisions of this section shall not expand the scope of judicial review and, except where state law requires otherwise or provides for a shorter period of time, this section shall prevail over any conflicting provision and any otherwise applicable law relating to the subject matter.

(Ord. 294 § 1, 1980)

An action may be brought pursuant to Chapter 9 of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any legislative act of the council through ordinance or resolution, involving bonds, contracts, indebtedness, regulations, taxes, appointments, and all other matters relating to the operation of the city and the welfare of its residents.

(Ord. 349 § 1, 1983)