Lafayette Municipal Code Ch. 1-2 Rules of Construction

This code may be cited as the Municipal Code of the City of Lafayette. It may be so cited in any prosecution for violation of this code. An ordinance amending this code may be designated as an amendment to the Municipal Code of the City of Lafayette. Every reference to this code or any portion of this code applies to this code as now or hereafter amended.

(Ord. 25 § 3(2) (part), 1969; Ord. 2 § 11, 1968)

As used in this code, unless the context clearly indicates otherwise:

(a) "City" means the city of Lafayette.

(b) "City council" means the city council of this city.

(c) "City manager" means the appointed official of the city who occupies the position as chief administrative officer of the city.

(d) "County" means the county of Contra Costa.

(e) "Oath" includes "affirmation."

(f) "Owner," as applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part.

(g) "Person" means and includes an individual, firm, association, organization, partnership, business trust, company or corporation.

(h) "State" means the state of California.

(i) "Street" means and includes a highway, avenue, lane, alley, court, place, square, curb or 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.

(j) "Tenant" or "occupant," applied to a building or land, means and includes a person who occupies the whole or part of the building or land, whether alone or with others.

(Ord. 25 § 3(2) (part), 1969; Ord. 2 § 12, 1968)

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

(Ord. 25 § 3(2) (part), 1969; Ord. 2 § 13, 1968)

The masculine gender includes the feminine and neuter.

(Ord. 25 § 3(2) (part), 1969; Ord. 2 § 14, 1968)

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

(Ord. 25 § 3(2) (part), 1969; Ord. 2 § 15, 1968)

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

(Ord. 25 § 3(2) (part), 1969; Ord. 2 § 16, 1968)

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. 25 § 3(2) (part), 1969; Ord. 2 § 17, 1968)

Title, chapter, article and section headings shall not govern, limit, modify or affect the scope, meaning or intent of this code.

(Ord. 25 § 3(2) (part), 1969; Ord. 2 § 18, 1968)

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. 25 § 3(2) (part), 1969; Ord. 2 § 19, 1968)

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. 25 § 3(2) (part), 1969; Ord. 2 § 20, 1968)

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. 25 § 3(2) (part), 1969; Ord. 2 § 21, 1968)

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. 25 § 3(2) (part), 1969; Ord. 2 § 22, 1968)

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. 25 § 3(2) (part), 1969; Ord. 2 § 23, 1968)

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. 25 § 3(2) (part), 1969; Ord. 2 § 24, 1968)

This code shall not be construed to impose on the city, its officers, employees or agents any greater liability than that required by law. The use of the word "shall," when used in this code in connection with the performance of a task or function, is not intended to impose upon the city, its officers, employees or agents a mandatory duty of care toward persons or property within the city which would provide a basis of civil liability for damages. This code specifically preserves all immunities provided under the law to a public entity, its officers, employees and agents.

(Ord. 336 § 1, 1985)

California Code of Civil Procedure Section 1094.6 is applicable to the city of Lafayette and provides that review of any decision of the city may be had under Code of Civil Procedure Section 1094.5 (review of administrative decisions) only if the petition for writ of mandate is filed within 90 days after the decision becomes final.

(Ord. 348 § 1, 1986)

In Ordinance No. 99-46 of Contra Costa County, a reference to "board of supervisors" means city council of the city of Lafayette, and a reference to an "office", "official title" or other designation means the office, title or designation in the governmental structure of the city, or if there is none, the official or title holder in the city who performs the function or duty referred to.