Weed Municipal Code Ch. 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:

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

B. "City administrator" means city manager, the office established pursuant to Section 2.12.010 of this code.

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

D. "County" means the county of Siskiyou.

E. "Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city of Weed 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" are each mandatory.

I. "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" shall be equivalent to the words "affirm" and "affirmed."

J. "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.

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

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

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

N. "Property" includes real and personal property.

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

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

Q. "State" means the state of California.

R. "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.

S. "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.

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

(Ord. 157-78 §1, 1978; Ord. No. 488-2025, §1, 11-13-2025).

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

(Ord. 157-78 §2, 1978).

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. 157-78 §3, 1978).

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

A. Gender. Each gender includes the masculine, 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.

(Ord. 157-78 §4, 1978).

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 requirement shall be construed to include all such acts performed by an authorized agent.

(Ord. 157-78 §5, 1978).

Whenever in this code 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. 157-78 §6, 1978).

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 is shall also be excluded.

(Ord. 157-78 §7, 1978).

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

(Ord. 157-78 §8, 1978).

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

(Ord. 157-78 §9, 1978)

A. Scope. The duty to exhaust administrative remedies imposed by this Section extends to:

1. Any fee or charge subject to Articles XIII C or XIII D of the California Constitution,

2. Any assessment on real property levied by the city, and

3. The methodology used to develop and levy such a fee, charge, or assessment.

B. "Hearing" as used in this Section means the hearing referenced in paragraph 4 of subsection D of this Section.

C. Duty to exhaust issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the city, unless that person submitted to the city clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

D. Procedures. The city shall:

1. Make available to the public any proposed fee, charge, or assessment to which this Section is to apply no less than forty-five days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.

2. Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer's report, and include a link to the internet website in the written notice of the hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII § D of the California Constitution.

3. Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.

4. Provide at least forty-five days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the city clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a hearing on the rate, charge or assessment.

5. Include in a written notice of the hearing, a statement in bold-faced type of twelve points or larger:

a. That all written objections must be submitted to the city clerk by the end of public comment period at the hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

b. All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, Article XIII D, Section 6(a) or for an assessment on real property under California Constitution, Article XIII D, Section 4(e).

E. Council consideration; city responses. Before or during the hearing, the city council shall consider and the city shall respond in writing to, any timely written objections. The city council may adjourn the hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the hearing occurs. The city's responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

F. City council determinations. The city council, in exercising its legislative discretion, shall determine whether:

1. The written objections and the city's response warrant clarifications to the proposed fee, charge, or assessment.

2. To reduce the proposed fee, charge or assessment.

3. To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.

4. To proceed with the hearing, to continue it, or to abandon the proposal.

(Ord. No. 479-2024, § 2, 12-12-2024)