Chapter 1.08
GENERAL PROVISIONS

Sections:

1.08.010    Rules of construction—Interpretation of language.

1.08.020    Definitions.

1.08.030    Grammatical interpretation.

1.08.040    Title, chapter and section headings.

1.08.050    Reference to acts or omissions within this city.

1.08.060    Prohibited acts include causing, permitting or suffering.

1.08.070    Acts by deputy.

1.08.080    Title of office.

1.08.090    Reference applies to amendments.

1.08.100    Notices—Service.

1.08.110    Notices—Proof of giving.

1.08.120    Legal, equitable and summary remedies retained.

1.08.130    Criminal and civil liabilities enforcement.

1.08.140    Procedures for filing claims for refunds.

1.08.150    Payment of taxes prior to refund or judicial relief.

1.08.010 Rules of construction—Interpretation of language.

Unless the provisions of the context otherwise require, the general provisions, rules of construction and definitions set out 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 § 1300)

1.08.020 Definitions.

The following words shall have the following meanings:

A. “City” means the city of San Luis Obispo, California.

B. “Council” means the council of the city of San Luis Obispo, California.

C. “County” means the county of San Luis Obispo.

D. “Goods” means and includes wares or merchandise.

E. “Health officer,” “health department,” “city health officer” or “city health department” means and includes the health department of the county of San Luis Obispo, the county health officer and representatives and deputies of the county health department.

F. “Oath” means and includes affirmation.

G. “Operate” means and includes carry-on, keep, conduct or maintain.

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

I. “Person” means and includes any person, firm, association, organization, partnership, business trust, company or corporation.

J. “Sale” means and includes any sale, exchange, barter or offer for sale.

K. “State” means the state of California.

L. “Street” means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, 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.

M. “Tenant” or “occupant” applied to a building or land means and includes any person who occupies the whole or part of such building or land, whether alone or with others.

N. “Writing” means and 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 §§ 1305, 1313 – 1317, 1319, 1321 – 1326 and 1329)

1.08.030 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:

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

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

C. “Shall” is mandatory and “may” is permissive.

D. Tenses. The present tense includes the past and future tenses, and the future, the present. (Prior code §§ 1309 – 1312)

1.08.040 Title, chapter and section headings.

Title, chapter 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 or section hereof. (Prior code § 1301)

1.08.050 Reference to acts or omissions within this 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 of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. (Prior code § 1302)

1.08.060 Prohibited acts include causing, permitting or suffering.

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission. (Prior code § 1303)

1.08.070 Acts by deputy.

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 § 1304)

1.08.080 Title of office.

The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of the city of San Luis Obispo. (Prior code § 1318)

1.08.090 Reference applies to amendments.

Whenever a reference is made to any portion of this code, or to any ordinance of this city, the reference applies to all amendments and additions now or hereafter made. (Prior code § 1306)

1.08.100 Notices—Service.

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, 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 or her 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 § 1307)

1.08.110 Notices—Proof of giving.

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 shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned. (Prior code § 1308)

1.08.120 Legal, equitable and summary remedies retained.

Nothing contained in this code shall be deemed to bar any legal, equitable, or summary remedy to which the city or other political subdivision, or any person, firm, corporation, partnership, or copartnership, may otherwise be entitled. (Prior code § 1327)

1.08.130 Criminal and civil liabilities enforcement.

All criminal and all civil liabilities arising under the terms of this code may be enforced either separately or concurrently. The conviction and punishment of any person for violation of the terms of this code shall not in any manner preclude the institution or maintenance of civil proceedings for the enforcement of the provisions of this code or the abatement of the nuisance herein declared. (Prior code § 1328)

1.08.140 Procedures for filing claims for refunds.

A. Authority. These procedures are enacted pursuant to Section 935 of the California Government Code.

B. Claims Required. All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this section, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section.

C. Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.

D. Refunds. All refunds shall be limited to one year from receipt of written claim.

E. Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of subsection (B) of this section.

F. Suit. Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of Sections 950951 of the California Government Code. (Ord. 1499 § 1, 2006)

1.08.150 Payment of taxes prior to refund or judicial relief.

No legal or equitable process shall be issued in any proceeding in any court against the city or any officer to prevent or enjoin the collection of any tax. After payment of a tax claimed to be illegal, not due and/or owing, and/or incorrectly calculated, an action may be maintained to recover the tax paid; provided, that prior to any judicial action all administrative remedies shall be exhausted. (Ord. 1549 § 1, 2010)