Chapter 1.04 — GENERAL PROVISIONS

The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

"City" means the city of Palm Desert, California, or the area within the territorial limits of the city, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

"Council" means the city council of the city. "All its members" or "all councilmembers" means the total number of Councilmembers holding office.

"County" means the county of Riverside.

"Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

"May" is permissive.

"Month" means a calendar month.

"Must" and "shall" are each mandatory.

"Oath" means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

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

"Person" means and includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them.

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

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

"Property" includes real and personal property.

"Real property" includes lands, tenements and hereditaments.

"Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

"State" means the state of California.

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the 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 the state.

"Tenant" and "occupant," applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

Title of Office. Use of the title of any officer, employee, department, board, or commission

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City of Palm Desert, CA

GENERAL PROVISIONS

§ 1.04.010

§ 1.04.070

means that officer, employee, department, board, or commission of the city.

"Written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

"Year" means a calendar year.

(Ord. 146 §§ 1, 2, 1976; Ord. 1374 § 1, 2022)

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

(Ord. 146 § 3, 1976; Ord. 1374 § 1, 2022)

The following grammatical rules shall apply in this code, unless it is apparent from the context that a different construction is intended:

• A. Each gender includes the masculine, feminine and neuter genders.

• B. The singular number includes the plural and the plural includes the singular.

• C. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

• (Ord. 146 § 4, 1976; Ord. 1374 § 1, 2022)

When an act is required by this code, the same being such that it may be done as well by an agent as by the principal, such requirements shall be construed to include all such acts performed by an authorized agent.

(Ord. 146 § 5, 1976; Ord. 1374 § 1, 2022)

Whenever in this code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of the act or omission. (Ord. 146 § 6, 1976; Ord. 1374 § 1, 2022)

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

(Ord. 146 § 7, 1976; Ord. 1374 § 1, 2022)

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.

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City of Palm Desert, CA

PALM DESERT CODE

§ 1.04.070

§ 1.04.100

(Ord. 146 § 8, 1976; Ord. 1374 § 1, 2022)

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 146 § 9, 1976; Ord. 1374 § 1, 2022)

In addition to the remedies set forth in this code, the city council is authorized to bring a legal action in a court of competent jurisdiction for the recovery of any moneys expended by it in order to enforce the provisions of this code. In the event that legal action is brought by the city against any individual, corporation, association or entity, reasonable attorney's fees and costs shall constitute a debt owing by the individual, corporation, association or entity to the city. After the action is brought and the service of the summons and complaint has been made upon the individual, corporation, association or entity and a judgment has been obtained by the city, the city may enforce the judgment by execution and sale in accordance with the procedures set forth by law for the enforcement of judgments. The judgments shall bear interest at the rate of ten percent per year and shall include reasonable attorney's fees and costs of suit. The remedy as set forth in this section shall be nonexclusive and the city may pursue any or all of the remedies as contained in this code for the enforcement of this code.

(Ord. 510 § 1, 1987; Ord. 1374 § 1, 2022)

In any action, administrative proceeding or special proceeding, brought by the city to abate a nuisance, the prevailing party shall be entitled to a recovery of reasonable attorneys' fees. This section shall apply only if the city elects, at the initiation of the individual action or proceeding, to seek recovery of its own attorneys' fees. The amount of attorneys' fees in the action, administrative proceeding or special proceeding, shall not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. (Ord. 850 § 1, 1997; Ord. 1374 § 1, 2022)

The city council adopts California Code of Civil Procedure Section1094.6, which defines the time period in which judicial review may be requested for certain final administrative decisions and orders under California Code of Civil Procedure Section 1094.5. Pursuant to Section 1094.6(f), the city clerk shall provide notice to any party to a final decision indicating that the time within which judicial review must be sought is governed by California Code of Civil Procedure Section 1094.6.

(Ord. 668 § 1, 1992; Ord. 1374 § 1, 2022)

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City of Palm Desert, CA

GENERAL PROVISIONS

§ 1.08.010

§ 1.08.010