Vallejo Municipal Code Ch. 1.04 General Provisions

The following words and phrases whenever used in the ordinances of the city of Vallejo, California, 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:

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

B. "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.

C. "Council" means the city council of the city. "All its members" or "all councilmen" means the total number of councilmen provided by the Charter of the city.

D. "County" means the county of Solano, California.

E. "Development services director" shall be deemed to refer to economic development director, or his or her designee, wherever referenced in the Vallejo municipal code.

F. "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.

G. "May" is permissive.

H. "Month" means a calendar month.

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

J. "Oath" 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" are equivalent to the words "affirm" and "affirmed."

K. "Or" may be read "and" and "and" may be read "or" if the sense requires it.

L. "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.

M. "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.

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

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

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

Q. "Property" includes real and personal property.

R. "Real property" includes lands, tenements and hereditaments.

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

T. "State" means the state of California.

U. "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.

V. "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.

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

X. "Written" includes printed, typewritten, mimeo-graphed, or multigraphed.

Y. "Year" means a calendar year.

Z. 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.

AA. 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.

(Ord. 173 N.C.(2d) § 1 1973; Ord. No. 1641 N.C.(2d), § 13, 4-26-2011)

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

A. Gender. Any gender includes the other 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. 173 N.C.(2d) § 2, 1973.)

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

(Ord. 173 N.C.(2d) § 3, 1973.)

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. 173 N.C.(2d) § 4, 1973.)

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

(Ord. 173 N.C.(2d) § 5, 1973.)

Judicial review of any decisions made by the city council or by any city officer, agency, commission or board pursuant to Section 1094.5 of the Code of Civil Procedure may be had only if the petition for writ of mandate is filed within the time limits specified in this section.

A. Any such petition shall be filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable ordinance, the Charter, or rule, then, for the purpose of this section, the decision is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this section on the date that reconsideration is rejected.

B. If the petitioner requests a record of the proceedings, the city may, pursuant to Code of Civil Procedure, Section 1094.6(c), recover from petitioner the actual costs for transcribing or otherwise preparing the record.

C. If the petitioner files a request for the record within ten days after the date the decision becomes final, the time within which a petition pursuant to Section 1094.5 of the Code of Civil Procedure may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record.

D. As used in this section, "decision" means an adjudicatory, administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit or license, or denying an application for any retirement or allowance.

E. In making a final decision, the city shall provide notice to the party regarding the time within which judicial review must be sought.

(Ord. 355 N.C.(2d) § 2, 1977.)