Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010    Scope.

1.04.020    Definitions.

1.04.030    Provisions construed as restatements and continuations.

1.04.040    Tenure of officers preserved.

1.04.050    Effect of headings.

1.04.060    Meaning of section and subsection.

1.04.070    Reference to acts or omissions within the city.

1.04.080    Acts by deputies.

1.04.090    Writing.

1.04.100    References to ordinances – Application to amendments.

1.04.110    Service of notices.

1.04.120    Proof of notice.

1.04.130    Statute of limitations.

1.04.010 Scope.

Unless the provisions of the context otherwise specify, the general provisions, rules of construction, and definitions set forth in this chapter shall govern the construction of this code. 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. (Prior code § 1-3.01)

1.04.020 Definitions.

For the purposes of this code, unless otherwise apparent from the context, certain words and terms are defined as follows:

“Calendar year” means from January 1st through December 31st of any given year.

“City” means the city of Gardena.

“Council” means the city council of the city of Gardena.

“County” means the county of Los Angeles.

“Fiscal year” means from July 1st of any given year through June 30th of the following year.

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

“May” is permissive.

“Month” means a calendar month unless otherwise expressed.

Number. The singular number includes the plural, and the plural number includes the singular.

“Oath” includes affirmation.

Office. The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office or ordinance of the city, unless otherwise specified.

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

“Person” includes any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city (excepting the city of Gardena), the county of Los Angeles, any district in the county of Los Angeles, the state of California, or the United States of America, or any department or agency of any thereof, unless this code expressly provides otherwise.

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

“Property” includes both real and personal property.

“Quarterly,” when used to designate a period of time, means the first three calendar months of any given year or any succeeding period of three calendar months.

“Real property” includes land, tenements and hereditaments.

“Shall” is mandatory.

“State” means the state of California.

“Street” includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, 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” or “occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense. (Prior code § 1-3.13)

1.04.030 Provisions construed as restatements and continuations.

The provisions of this code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. (Prior code § 1-3.02)

1.04.040 Tenure of officers preserved.

All persons who, at the time this code takes effect, hold office under any of the ordinances repealed by this code, which offices are continued by this code, shall continue to hold them according to their former tenure. (Prior code § 1-3.03)

1.04.050 Effect of headings.

Title, chapter, article and section headings contained in this code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, article, or section of this code. (Prior code § 1-3.04)

1.04.060 Meaning of section and subsection.

“Section” means a section of this code, unless some other source is specifically mentioned. “Subsection” means a subsection of the section in which the term occurs, unless some other section is expressly mentioned. (Prior code § 1-3.05)

1.04.070 Reference to acts or omissions within the city.

This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside the city over which the city has jurisdiction or control by virtue of the Constitution of the state of California or any law, or by reason of ownership or control of property. (Prior code § 1-3.06)

1.04.080 Acts by deputies.

Whenever a power is granted to, or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise. (Prior code § 1-3.07)

1.04.090 Writing.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Prior code § 1-3.08)

1.04.100 References to ordinances – Application to amendments.

Whenever any reference is made to an ordinance, the reference shall apply to such ordinance of the city unless otherwise specifically provided. Whenever any reference is made to any portion of this code, or to any ordinances of the city, the reference shall apply to all amendments and additions now or hereafter made. (Prior code § 1-3.09)

1.04.110 Service of notices.

Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in the code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Post Office. (Prior code § 1-3.10)

1.04.120 Proof of notice.

Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of eighteen years, which affidavit shows service in conformity with this code or other provisions of law applicable to the subject matter concerned. (Prior code § 1-3.11)

1.04.130 Statute of limitations.

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation. (Prior code § 1-3.12)