Chapter 1.04


1.04.010    Construction.

1.04.020    Interpretation of language.

1.04.030    Reference to acts or omissions within City.

1.04.040    Prohibited acts include causing and permitting.

1.04.050    Acts by agents.

1.04.060    Grammatical interpretation.

1.04.070    Reference applies to amendments.

1.04.080    Notice—Method of service.

1.04.090    Notice—Proof by affidavit.

1.04.100    Definitions.

1.04.010 Construction.

Unless the context of the provisions otherwise requires, general provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and promote justice. (Prior code § 1300)

1.04.020 Interpretation of language.

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 article or section of this Code. (Prior code § 1301)

1.04.030 Reference to acts or omissions within 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)

1.04.040 Prohibited acts include causing and permitting.

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)

1.04.050 Acts by agents.

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 the Code expressly provided otherwise. (Prior code § 1304)

1.04.060 Grammatical interpretation.

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 expressly provided otherwise. (Prior code § 1305)

1.04.070 Reference applies to amendments.

Whenever a reference is made to any portion of this Code, or to any ordinances of the City of San Carlos, California, the reference applies to all amendments and additions now or hereafter made. (Prior code § 1306)

1.04.080 Notice—Method of service.

Whenever a notice is required to be given under this Code, unless different provisions are otherwise specifically made in this 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 § 1307)

1.04.090 Notice—Proof by affidavit.

Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit or 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)

1.04.100 Definitions.

For the purposes of this Code, unless the context clearly indicates otherwise, certain words and phrases used throughout this Code are defined as follows:

1. "City" means the City of San Carlos, California.

2. "City Council" means the City Council of the City of San Carlos, California.

3. "City Hall" means the public building 666 Elm Street, San Carlos, California.

4. "City manager" means the appointed official of the City who occupies the position as the Chief Administrative Officer of the City of San Carlos, California.

5. "County" means San Mateo County.

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

7. "Goods" means all things (including specially manufactured goods) which are movable; investment securities and things in action. "Goods" also means and includes the unborn young animal and growing crops and other identified things attached to realty as described in Section 2107 of the Commercial Code.

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

9. "Oath" means and includes affirmation.

10. Office. The use of the title of any officer, employee, officer or ordinance shall mean such officer, employee, office or ordinance of the City.

11. "Operate" means and includes to carry on, keep, conduct or maintain.

12. "Owner," as applied to a building or land, means that person or those persons whose real property taxes are assessed as stated in the last equalized assessment roll or that person or those persons to whom the aforesaid owner has transferred his interest or that person or those persons entitled to possession and/or control of the property.

13.    “Person” means and includes any persons, partnership, corporation or unincorporated association.

14.    “Sale” means and consists of the passing of title from the seller to the buyer for a price as defined in Section 2401 of the Commercial Code.

15.    Shall and May. Shall is mandatory and may is permissive.

16.    “State” means the State of California.

17.    “Street” means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs or other public ways in the City of San Carlos 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 of California.

18.    “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.

19.    Tenses. The present tense includes the past and future tenses, and the future, the present. (Amended during 1989 recodification; prior code §§ 1400 — 1417)