Diamond Bar Municipal Code Ch. 1.00 The Code

This Code shall be known and may be cited as the "Diamond Bar City Code."

The provisions of this Code, insofar as they are substantially the same provisions of existing ordinances relating to the same subject matter, shall be continued as restatements and continuations thereof and not as new enactments.

Neither the adoption of this Code nor the repeal hereby of any ordinance of the city shall in any manner affect the prosecution for violation of any ordinance, which violation was committed prior to the effective date of this Code, nor shall the same be construed as a waiver of any permit, license, fee, charge or penalty at such effective date required or due and unpaid under such ordinance, nor shall the same be construed as affecting any of the provisions of such ordinance relating to the collection of any such fee, charge or penalty, or the penal provisions applicable to any violation thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.

No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by the provisions of this Code, but all procedures thereafter taken therein shall conform to the provisions of this Code so far as possible.

No rights given by any license or certificate under any ordinance repealed by this Code are affected by the enactment of this Code, or by such repeal, but such rights shall hereafter be exercised according to this Code.

The headings of the part, title, chapter, section and subsection headings contained in this Code are intended to indicate the contents thereof and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent thereof.

(a) In the interpretation and construction of this Code, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

Administrative officer or city manager means and includes the appointed official of the city who occupies the position of chief administrative officer of the city.

City or this city means and shall be construed as if followed by the words "of Diamond Bar."

Code or this Code means the Diamond Bar City Code.

Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.

State Law reference— Similar provisions, Government Code § 6800.

Council. Whenever the words "council" or "city council" are used in this Code, they mean the city council of the City of Diamond Bar.

County. The words "county" or "this county" mean the County of Los Angeles.

Day. A day is the period of time between any midnight and the midnight following.

State Law reference— Similar provisions, Government Code § 6806.

Daytime means the period of time between sunrise and sunset. The word "nighttime" means the period of time between sunset and sunrise.

State Law reference— Similar provisions, Government Code § 6807.

Delegation of authority. 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.

Gender. The masculine gender includes the feminine and neuter.

Goods means and includes wares or merchandise.

In the city means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

State Law reference— Similar provisions, Civil Code § 12.

Month means a calendar month.

State Law reference— Similar provisions, Government Code § 6804.

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

State Law reference— Similar provisions, Government Code § 13.

Oath means and includes an affirmation.

State Law reference— Similar provisions, Government Code § 15.

Officers, departments, and other agencies. Officers, departments, boards, commissions and employees referred to in this Code means officers, departments, boards, commissions and employees of the City of Diamond Bar unless the context clearly indicates otherwise.

Official time. Whenever certain hours are named in this Code, they mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.

Operate means and includes carry on, keep, conduct or maintain.

Or, and. The word "or" may be read "and" and the word "and" may be read "or" if the sense requires it.

Owner, applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

Person means and includes any person, firm, association, organization, partnership, business trust, corporation or company, and any municipal, political or governmental corporation, district, body or agency other than this city.

Personal property means and includes every species of property, except real property.

State Law reference— Definitions of "personal property," Civil Code §§ 14(3), 663.

Preceding and following mean next before and next after, respectively.

Process means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

State Law reference— Similar provisions, Government Code § 22.

Property means and includes real and personal property.

Real property means and includes lands, tenements and hereditaments.

State Law reference— "Real property" defined, Civil Code §§ 14(2), 658.

Sale means and includes any sale, exchange, barter or offer for sale.

Shall and may. The word "shall" is mandatory and the word "may" is permissive.

State Law reference— Similar provisions, Government Code § 14.

Signature or subscription means and includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by the witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

State Law reference— Similar provisions, Government Code § 16.

State. The words "state" or "this state" mean the State of California.

Street means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, 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. The word "tenant" or "occupant," applied to a building or land, means and includes any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.

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

Week. A week consists of seven consecutive days.

State Law reference— Similar provisions, Government Code § 6805.

Writing means and includes any form of recorded message capable of comprehension by ordinary visual means. 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.

State Law reference— Similar provisions, Government Code § 8.

Year means a period of 365 days, except where otherwise provided. The added day of a leap year, and the day immediately preceding, if they occur in any such period, shall be reckoned together as one day.

State Law reference— Similar provisions, Government Code § 6803.

(b) Words and phrases are to be construed according to the context and the approved usage the language. Technical words and phrases, and such others as may have acquired a peculiar and specific meaning in the law, or are specifically defined herein, are to be construed in accordance with such peculiar and specific meaning or definition.

(Ord. No. 14(1989), § 2(4.72.030), 6-27-89)

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 state constitution, any law, or by reason of ownership or control of property. Whenever any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing such act or omission.

Whenever a reference is made to any portion of this Code or to any ordinances of the city, the reference applies to all amendments and additions now or hereafter made.

In accordance with the provisions of Government Code § 36971, not less than one copy of this Code shall be filed for use and examination by the public in the office of the city clerk. At least one copy, duly certified to by the city clerk, shall be maintained on file in that office. Copies thereof shall be distributed to the departments and divisions of the city as shall be prescribed by the city manager.

The city clerk shall, and is directed, to keep and maintain this Code together with all amendments thereto as may hereinafter be adopted by the city council. All such amendments shall be published and distributed, pursuant to section 1.00.100, by the city clerk on a timely and recurring basis, but at least once annually.

Whenever a notice is required to be given under this Code, unless different provisions are otherwise specifically made in this Code, 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 the 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 United States mail.

Proof of giving any notice required by this Code may be made by the certificate of any officer or employee of the city, or by affidavit or declaration of any person over the age of 18 years which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

(a) Every license, permit, authorization or grant which is issued or given by the city or any of its officers, agents, employees, departments or agencies shall be contingent upon and shall be subject to the condition that the licensee, permittee, authorizee or grantee agrees, guarantees and promises to save, indemnify and keep harmless the city and all its officers, agents, employees, departments and agencies against all liabilities, judgments, costs and expenses which may in any manner or form accrue against the city or against any of its officers, agents, employees, departments or agencies in consequence of the issuance or granting of such license, permit, authorization or grant, or in consequence of the use or occupancy of any sidewalk, street or other public place, or in any other wise by virtue thereof, and will in all things strictly comply with the conditions of the license, permit, authorization or grant, and with this Code, all ordinances, rules and regulations of the city relating to the license, permit, authorization or grant.

(b) Whenever it is administratively proper, the city clerk and all officers, agents, employees, departments and agencies of the city shall print, type or write the condition stated above into every license, permit, authorization or grant substantially as it appears in this section.

The provisions of this title shall be the minimum requirements for the protection of the public convenience, safety, health and general welfare.

(Ord. No. 14(1989), § 2(7.02.370), 6-27-89)

Whenever any reference is made to any portion of any statute, such reference shall apply to all amendments and additions thereto now or hereafter made.

(Ord. No. 14(1989), § 2(7.02.380), 6-27-89)

The repeal provided for in the ordinance adopting this Code shall not affect any of the following:

(1) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness.

(2) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city.

(3) Any ordinance relating to specific improvements or assessments therefor.

(4) Any ordinance establishing or prescribing grades for streets.

(5) Any appropriation ordinance or ordinance providing for the levy of taxes for an annual budget.

(6) Any ordinance establishing the compensation of city officers or employees, not inconsistent with this Code.

(7) Any ordinance providing subdivision regulations or any ordinance dedicating or accepting any plot or subdivision in the city.

(8) Administrative ordinances not in conflict or inconsistent with the provisions of this Code.

(9) Any ordinance relating to the boundaries of the city.

(10) Any ordinance establishing zoning regulations or zoning or rezoning property or granting specific use permits or amending the zoning map.

(11) Any ordinance providing for development review or any ordinance establishing specific plans for development.

The repeal provided for in the adopting ordinance shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by the ordinance adopting this Code.