Chapter 1.08 — GENERAL PROVISIONS

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

A.

"Board of directors" means the board of directors of the city of Pasadena. "All its members" or "all directors" means the total number of directors provided by the charter of the city.

B.

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

C.

"Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded.

D.

"County" means the county of Los Angeles, California.

E.

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

F.

"May" is permissive.

G.

"Month" means a calendar month.

H.

"Must" and "Shall." Each is mandatory.

I.

"Oath" shall be construed to include 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."

J.

"Ordinance" means a law of the city; provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.

K.

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

L.

"Person" means 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.

M.

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

N.

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

O.

"Property" includes real and personal property.

P.

"Real property" includes lands, tenements and hereditaments.

Q.

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

R.

"State" means the state of California.

S.

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, 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.

T.

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

U.

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

V.

"Written" includes printed, typewritten, mimeographed or multigraphed.

W.

"Year" means a calendar year.

X.

All words and phrases shall be construed and understood 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.

Y.

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

Z.

"Fee" means an amount of money which is to be collected as a charge, rent, expense or cost for the provision or allowance of any service, use, item or other action by the city of Pasadena.

(Ord. 5568 § 1, 1982; Ord. 5164 § 1, 1974)

The following grammatical rules shall apply in the ordinances of the city:

A.

Gender. The masculine gender includes the feminine and neuter genders.

B.

Singular and Plural. The singular number includes the plural and the plural includes the singular.

C.

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

D.

Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.

(Ord. 5164 § 2, 1974)

Whenever, in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

(Ord. 5164 § 3, 1974)

The provisions of the ordinances of the city and all proceedings under them are to be construed with a view to effect their objects and to promote justice.

(Ord. 5164 § 4, 1974)

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

(Ord. 5164 § 5, 1974)

A.

The director shall adjust the Rose Bowl admissions tax, the grandstand seat surcharge and the grandstand permit application fee on February 1st of each year.

B.

The director of finance shall adjust all other taxes, fees and charges provided for in the Pasadena Municipal Code annually on July 1st of each year.

C.

All adjustments shall be based on the Bureau of Labor Statistics—Consumer Price Index ("CPI"), for all urban consumers (all items) for the Los Angeles/Long Beach/Riverside consolidated metropolitan statistical area. The CPI on January 1, 1978 equals 100. For fees discussed in subsection A, the director shall submit the proposed adjustments to the board no later than December 15th of each year. The adjustment to fees discussed in subsection A shall be based on the Bureau of Labor Statistics—Consumer Price Index for all urban consumers for the year ending the preceding October 1st. For fees discussed in subsection B, the director shall submit the proposed adjustments to the board no later than May 15th of each year. The

adjustment to fees discussed in subsection B shall be based on the Bureau of Labor Statistics—Consumer Price Index for all urban consumers for the year ending the preceding March 1st. No adjustment shall take effect until the director's report is ordered filed by the board. The board may reject, but may not modify, any one or more of the adjustments in any report before ordering the report filed; provided, however, no such adjustment shall be made to light and power rates for delivery of electrical energy under Chapter 13.04 of the code, to the fuel cost adjustments pertaining thereto, and to water rates and water services for delivery of water and related services under Chapter 13.20 of the code.

(Ord. 6457 § 1, 1991: Ord. 5420 § 1, 1979: Ord. 5371 § 1, 1978)

Wherever this code authorizes the board of directors to establish a fee amount by adoption of a resolution, the amount of any fee so established shall not exceed the cost incurred by the city in providing the service, use, action or item for which the fee is charged, and any fee and the amount of any said fee, which is in effect immediately prior to the adoption of the ordinance codified in this section shall remain in effect until a different fee amount is adopted by resolution of the board of directors. The fee amount established by resolution of the said board may be increased or decreased, periodically, by resolution of the board of directors.

A written schedule or schedules of fees adopted by resolution of the board of directors shall be filed with the city clerk and shall be available for public inspection during regular business hours.

The provisions of Section 1.08.060 shall not apply to any fee which is to be established by resolution of the board of directors.

(Ord. 5568 § 2, 1982)

There shall be a penalty for delinquent payment of any outstanding account. The board by resolution shall provide the amount of the penalty in each case. Such delinquency penalty shall be assessed on the date the bill becomes delinquent. The bill shall become delinquent on the date provided in the section of the municipal code which sets forth the financial responsibility provisions for payment of the bill. The proceeds from the payment of any delinquency penalty shall accrue to the general fund.

(Ord. 6495 § 1, 1992)