Chapter 1.04 — GENERAL PROVISIONS

This code may be cited as the Orinda Municipal Code. It may be so cited in any prosecution for violations of this code. An ordinance amending this code may be designated as an amendment to the Orinda Municipal Code. Every reference to this code or any portion of it applies to this code as now or hereafter amended. (Prior code § 1-201)

In this code unless the context otherwise requires: "City" means the city of Orinda. "City Council" means the City Council of this city.

"City Manager" means the appointed official of the city who occupies the position as chief administrative officer of the city. "County" is the County of Contra Costa. "Oath" includes affirmation. "Owner," as applied to a building or land, includes a part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part. "Person" means a natural person, firm, association, organization, partnership, business trust, company, corporation, joint venture, club, or its manager, lessee, agent, servant, officer or employee and includes a county, public agency, public corporation, public district or political subdivision of the state. "State" means the state of California. "Street" includes a highway, avenue, lane, alley, court, place, square, curb and other public ways in the city which is dedicated and open to public use. Street also includes such other public property designated as such by law. "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. (Prior code § 1-202)

The present tense includes the past tense and future tense, and the future tense includes the present tense. (Prior code § 1-203)

The masculine gender includes the feminine and neuter. (Prior code § 1-204)

The singular number includes the plural, and the plural, the singular. (Prior code § 1-205)

"Shall" is mandatory and "may" is permissive. (Prior code § 1-206)

The provisions of this code and all proceedings under it shall be construed with a view to effect its objects and to promote justice. (Prior code § 1-207)

Title, chapter, article and section headings do not govern, limit, modify or affect the scope, meaning or intent of this code. (Prior code § 1-208)

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. (Prior code § 1-209)

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. (Prior code § 1-210)

Where this code grants a power to a public officer or employee or imposes a duty on him or her, the power may be exercised or the duty performed by his or her deputy or employee or by any person authorized by law or ordinance, unless the code specifically provides otherwise. (Prior code § 1-211)

No action or proceeding begun before this code takes effect, and no right accrued, is affected by its provision. (Prior code § 1-212)

Each provision of this code so far as it is substantially the same as an existing provision shall be construed as a continuation and not a new enactment. (Prior code § 1-213)

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. (Prior code § 1-214)

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" in this code 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 so as to 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. (Prior code § 1-215)

Where an ordinance, rule or regulation requires a person to file an application or request a permit, the City Council may by resolution fix the fee to be charged for the filing and processing of the application and the request for permit, including an appeal from the decision of a subordinate body. (Prior code § 1-701)

All provisions of this code setting fees (except those required by statute to be set by ordinance) may be superseded by fees set by City Council resolution, but remain in effect until so superseded. (CCCC § 18- 2.002)