Chapter 1.04


1.04.010    Definitions.

1.04.020    Grammatical interpretation.

1.04.030    Prohibited acts include causing, permitting and related acts.

1.04.040    Construction.

1.04.050    Repeal shall not revive any ordinances.

1.04.060    Judicial review.

1.04.070    Severability of provisions.

1.04.080    No imposition of mandatory duty.

1.04.090    Consistency with state and federal law.

1.04.010 Definitions.

A. 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 different meaning is specifically defined and more particularly directed to the use of such words or phrases.

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

2. “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. If the last day is Sunday or a legal holiday, that day shall be excluded.

3. “Council” means the city council of the city of Pittsburg, California. “All its members” or “all councilmen” mean the total number of councilmen provided by the general laws of the state of California.

4. “County” means the county of Contra Costa, California.

5. “Easement” means a liberty, privilege or advantage without profit, which the owner of one parcel of land may have in the lands of another.

6. “Fiscal year” means that 12-month period beginning on July 1st and ending June 30th of the following year.

7. “Law” denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city of Pittsburg, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

8. “Loaded hourly rates” are defined as the amount paid per hour to, or on behalf of, city employees, including what the city contributes to the employees retirement benefits, health benefits, dental benefits, life insurance, Workers’ Compensation Insurance, Unemployment Insurance, FICA and State Disability Insurance, and any indirect administrative overhead as set forth in the cost allocation plan adopted by the city council.

9. “May” is permissive.

10. “Month” means a calendar month.

11. “Must” and “Shall.” Each is mandatory.

12. “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 “swear” and “sworn” shall be equivalent to “affirm” and “affirmed.”

13. “Or” may be read “and” and “and” may be read “or” if the sense requires it.

14. “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.

15. “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.

16. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

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

18. “Preceding” and “following” mean next before and next after, respectively.

19. “Property” includes real and personal property.

20. “Public land” includes any land in which a governmental entity has a property interest.

21. “Real property” includes lands, tenements and hereditaments.

22. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

23. “State” means the state of California.

24. “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.

25. “Tenant” and “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.

26. 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.

27. “Written” includes printed, typewritten, mimeographed or multigraphed.

28. “Year” means a calendar year.

B. 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.

C. 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. 04-1221 § 3, 2004; Ord. 668 C.S. § 1, 1974; 1937 Code § 2.]

1.04.020 Grammatical interpretation.

The following grammatical rules shall apply in this code:

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. 668 C.S. § 1, 1974; 1937 Code § 2.]

1.04.030 Prohibited acts include causing, permitting and related acts.

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. 668 C.S. § 1, 1974; 1937 Code § 2.]

1.04.040 Construction.

The provisions of this code and all proceedings under it are to be construed with a view to effect their objects and to promote justice. [Ord. 668 C.S. § 1, 1974; 1937 Code § 2.]

1.04.050 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. [Ord. 668 C.S. § 1, 1974; 1937 Code § 2.]

1.04.060 Judicial review.

California Code of Civil Procedure Section 1094.6 is applicable to the city of Pittsburg, and provides that review of any decision of the city may be had under Code of Civil Procedure Section 1094.5 (review of administrative decisions) only if the petition for writ of mandate is filed within 90 days after the decision becomes final. [Ord. 894 § 1, 1986.]

1.04.070 Severability of provisions.

If a title, division, chapter, section, subsection, paragraph, sentence, clause, or phrase of this code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this code. The city council declares that it would have adopted each part of this code irrespective of the validity of any other part. [Ord. 935 § 1(A), 1987.]

1.04.080 No imposition of mandatory duty.

This code shall not be construed to impose on the city, its officers, employees or agents any greater liability than that required by law. The use of the word “shall” in this code is not intended to impose upon the city, its officers, employees or agents a mandatory duty of care toward persons or property within the city so as to provide a basis of civil liability for damages. This code specifically preserves all immunities provided under the law to a public entity, its officers, employees and agents. [Ord. 935 § 1(B), 1987.]

1.04.090 Consistency with state and federal law.

Notwithstanding any provision of this code to the contrary, any use, entitlement, authorization, license or permit allowed or issued under this code shall be consistent with state and federal law. [Ord. 05-1253 § 1, 2005.]