Montebello 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 § 1300)

Article 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 article or section thereto.

(Prior code § 1301)

This code shall refer only to the commission 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 such act or omission.

(Prior code § 1303)

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 office or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise.

(Prior code § 1304)

Writing 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.

(Prior code § 1305)

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.

(Prior code § 1306)

Whenever a notice is required to be given under this code, unless different provisions herein 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 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

(Prior code § 1308)

Whenever this code requires a cash deposit for any purpose, a valid and sufficient corporate surety bond may be deposited in lieu thereof.

(Prior code § 1328)

Whenever this code requires a corporate surety bond for any purpose, a cash deposit in lieu thereof may be deposited.

(Prior code 21 1329)

The use of the title of any officer, employee, office or ordinance means such officer, employee, office or ordinance of the city of Montebello.

(Prior code § 1318)

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)

"City" means the city of Montebello.

(Prior code § 1317)

Whenever in this code, or in any other rule, regulation, resolution or ordinance of this city, the phrases "city manager," "city manager" or "city coordinator" are used, they shall be deemed amended, and construed to mean "city manager."

(Prior code § 1327)

(Ord. No. 2367, § 1, 5-13-2015)

Editor's note— Ord. No. 2367, § 1, adopted May 13, 2015, changed the title of § 1.04.170 from "City manager or coordinator" to read as set out herein.

Whenever in this code, or in any other rule, regulation, resolution or ordinance of this city the phrases "director of community development" or "director of parks and recreation" are used, they shall be deemed amended, and construed, to mean "assistant city manager/community services and development."

(Prior code § 1331)

"Council" means the city council of this city.

(Prior code § 1319)

"County" means the county of Los Angeles.

(Prior code § 1316)

"Goods" includes wares or merchandise.

(Prior code § 1325)

"Oath" includes affirmation.

(Prior code § 1313)

"Operate" includes carry on, keep, conduct or maintain.

(Prior code § 1326)

"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.

(Prior code § 1322)

Whenever in this code, or in any other ordinance, resolution, rule or order of this city, reference is made to the phrases "recreation department" or "park department," such phrases shall be deemed amended to read "parks and recreation department." In addition, whenever in this code, ordinance, resolution, rule or order of the city, reference is made to the phrases "park director," "recreation director," and "recreation and park director," the same shall be deemed amended to read "parks and recreation director."

(Prior code § 1330)

"Person," as used in this code or in any uniform code adopted hereby, includes any person firm, association, organization, partnership, business trust company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the city of Montebello.

(Prior code § 1314)

"Sale" includes any sale, exchange, barter or offer for sale.

(Prior code § 1324)

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

(Prior code § 1312)

"State" means the state of California.

(Prior code § 1315)

"Street" 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 the public use, or such other public property so designated in any law of this state.

(Prior code § 1321)

"Tenant" or "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.

(Prior code § 1323)