CHAPTER 3
RULES OF CONSTRUCTION
Section 1300. Construction, Provisions Governing.
Unless the provisions of the context otherwise require, these general provisions, rules of construction and definitions 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.
(§1, Ord. 20, 07-15-52)
Section 1301. Headings, Effect of.
Article and Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Article or Section hereof.
(§1, Ord. 20, 07-15-52)
Section 1302. Reference to Acts or Omissions within the District.
This Code shall refer only to the omission or commission of acts within the territorial limits of the District and to that territory outside of the District over which the District has jurisdiction or control by virtue of the Constitution, Charter, and/or law, or by reason of ownership or control of property.
(§1, Ord. 20, 07-15-52)
Section 1303. Prohibited Acts, Including 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 the fact of such act or omission.
(§1, Ord. 20, 07-15-52)
Section 1304. Acts by Deputy.
Whenever a power is granted to, or a duty is imposed upon a public officer, or District personnel, the power may be exercised, or the duty may be performed by a deputy of such officer or District personnel or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1305. Written Communication.
Written communication includes any form of recorded message capable of comprehension by reasonable 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 requested otherwise.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1306. Reference Applies to Amendments.
Whenever a reference is made to any portion of this Code, or to any Ordinances of this District, the reference applies to all amendments and additions now or hereafter made.
(§1, Ord. 20, 07-15-52)
Section 1307. Notices, Service of.
Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, or unless different provisions are set forth in the Health and Safety Code of the State of California, Section 6400, et. seq. (Sanitary District Act of 1923), 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 that person’s 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.
(§1, Ord. 20, 07-15-52)
(Amended, §2, Ord. 44, 11-17-70)
(Amended, §1, Ord. 162, 07-01-14)
Section 1308. Proof of Notice.
Proof of giving any notice may be made by the certificate of any officer or District personnel of the District, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Code, or other provision of law applicable to the subject matter concerned.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1309. Tenses.
The present tense includes the past and future tenses, and the future, the present.
(§1, Ord. 20, 07-15-52)
Section 1310. Gender.
The masculine gender includes all persons.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1311. Number.
The singular number includes the plural, and the plural, the singular.
(§1, Ord. 20, 07-15-52)
Section 1312. Shall and May.
"Shall" is mandatory and "may" is permissive.
(§1, Ord. 20, 07-15-52)
Section 1313. Oath.
"Oath" includes affirmation.
(§1, Ord. 20, 07-15-52)
Section 1314. Person.
"Person" includes any person, firm, association, organization, partnership, business trust, company, or corporation.
(§1, Ord. 20, 07-15-52)
Section 1315. State.
The State of California.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1316. County.
The County of Alameda.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1317. District.
The Castro Valley Sanitary District, its employees, and/or its authorized representatives.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1318. Office.
The use of the title of any officer, District personnel, office or ordinance, shall mean such officer, District personnel, office or ordinance of the District.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1319. The Board of Directors of the Castro Valley Sanitary District.
The Sanitary Board of the Castro Valley Sanitary District.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1320. Street.
"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the District 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 and Alameda County.
(§1, Ord. 20, 07-15-52)
(Amended, §1, Ord. 162, 07-01-14)
Section 1321. Owner.
"Owner" applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.
(§1, Ord. 20, 07-15-52)
Section 1322. Tenant or Occupant.
"Tenant or occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.
(§1, Ord. 20, 07-15-52)
Section 1323. Informal Bidding Procedures.
Pursuant to Section 22000, et seq., of the Public Contract Code, the Castro Valley Sanitary District shall use the following informal bidding procedures under the Uniform Public Construction Cost Accounting Act:
(a) Authority. Public projects, as defined by the Act and in accordance with the limits listed in §22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in §22032, et seq., of the Public Contract Code.
(b) Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of §22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(c) Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this Ordinance, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with the previous section, or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with §22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the District’s discretion, provided however:
(1) If there is no list of qualified contractors maintained by the District for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
(2) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor(s), the notice inviting bids may be sent exclusively to such contractor(s).
(d) Award of Contracts. The General Manager is authorized to award informal contracts up to a maximum dollar amount of fifty thousand ($50, 000) pursuant to this section. Any informal contract that exceeds a maximum dollar amount of fifty thousand ($50,000) shall be approved by the Board of Directors prior to being awarded.
(§1, Ord. 142, 12-05-06)