Chapter 1.04


1.04.010    Definitions.

1.04.020    Title of office.

1.04.030    Interpretation of language.

1.04.040    Grammatical interpretation.

1.04.050    Acts by agents.

1.04.060    Prohibited acts include causing and permitting.

1.04.070    Computation of time.

1.04.080    Construction.

1.04.090    Repeal shall not revive any ordinances.

1.04.100    Time limits for judicial review.

1.04.110    Limitation on liability.

1.04.120    Notices of restriction on real property.

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances of the City of Poway, California, 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” or “town” each means the City of Poway, California.

B. “Chief of Police” means the senior officer of the San Diego County Sheriff’s Department assigned to Poway’s Sheriff Substation.

C. “Council” means the City Council of the City. “All its members” or “all Councilmembers” means the total number of Councilmembers holding office.

D. “County” means the County of San Diego.

E. “Law” denotes applicable Federal law, the Constitution and statutes of the State of California, the ordinances of the City of Poway, 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, 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, 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” means 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 this 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.

U. “Year” means a calendar year. (Ord. 123 § 4, 1984; Ord. 91 § 1, 1983)

1.04.020 Title of office.

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City. (Ord. 91 § 2, 1983)

1.04.030 Interpretation of language.

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. 91 § 3, 1983)

1.04.040 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. 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. 91 § 4, 1983)

1.04.050 Acts by agents.

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 to include all such acts performed by an authorized agent. (Ord. 91 § 5, 1983)

1.04.060 Prohibited acts include causing and permitting.

Whenever, in the ordinances of the City, 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. 91 § 6, 1983)

1.04.070 Computation of time.

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 it shall also be excluded. (Ord. 91 § 7, 1983)

1.04.080 Construction.

The provisions of the ordinances of the City, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 91 § 8, 1983)

1.04.090 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 91 § 9, 1983)

1.04.100 Time limits for judicial review.

The Code of Civil Procedure Section 1094.6 is made applicable to all adjudicatory administrative decisions by the City. The limitations for seeking judicial review as provided in said section shall be observed and the City Clerk shall provide the notice required thereby. (Ord. 114 § 1, 1983; Ord. 29 § 1, 1981; CC § 11.120)

1.04.110 Limitation on liability.

It is the intent of the City Council of the City that any ordinance establishing performance standards or establishing an obligation to act upon a City officer or employee, shall not be construed as creating a mandatory duty for purposes of tort liability, if the officer or employee fails to perform the act. Except when otherwise specifically indicated, the obligations imposed upon City officers or employees for implementation and enforcement of this code are directory in nature. Nothing in the code shall be construed as limiting or eliminating any defense or immunity from liability for the City or its officers or employees, established by the provisions of Title 1, Division 3.6 of the California Government Code, or by any other provision of law. Except when otherwise specifically indicated, the manner and timing of enforcement and implementation of this code shall be within the discretion of the City Manager or other designated City officers or employees. Except when otherwise specifically indicated, this code shall not be construed to hold the City or any officer or employee of the City responsible for any damage to persons or property by reason of a failure to enforce, implement or execute any of the provisions of this code. Nothing in this code shall be construed to hold the City or any officer or employee of the City responsible for any damage resulting to persons or property by reason of any interpretation of this code by any City officer or employee. (Ord. 518, 1999; Ord. 168 § 1, 1985)

1.04.120 Notices of restriction on real property.

The City shall record with the County Recorder of San Diego County all documents relating to real property in the City with respect to building, planning, zoning and engineering matters, if it is determined to be in the best interests of the City. The determination as to the necessity for recordation shall be made by the City Council, City Manager, City Clerk, Director of Development Services, Director of Public Services, or City Attorney, and such determination shall be conclusive.

Any fees charged by the recorder for the recordation of the documents are to be borne by the property owner or developer. (Ord. 518, 1999; Ord. 249 § 1, 1987)