1-3.01 Scope of Chapter.

Unless the provisions of the context otherwise specify, the general provisions, rules of construction and definitions set forth 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. (1300)

1-3.02 Provisions Construed as Restatements and Continuations.

The provisions of this Code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. (1103)

1-3.03 Tenure of Officers Preserved.

All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold them according to their former tenure.

1-3.04 Effect of Headings.

Title, chapter, 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 title, chapter, article or section of this Code. (1301)

1-3.05 Meaning of Section and Subsection.

Section shall mean a section of this Code unless some other source is specifically mentioned. Subsection shall mean a subsection of the section in which the term occurs unless some other section is expressly mentioned.

1-3.06 Reference to Acts or Omissions Within the 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 the City over which the City has jurisdiction or control by virtue of the Constitution of the State or any law, or by reason of ownership or control of property. (1302)

1-3.07 Acts by Deputies.

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. (1201)

1-3.08 Writing.

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 it is expressly provided otherwise.

1-3.09 References to Ordinances: Application to Amendments.

Whenever any reference is made to an ordinance, the reference shall apply to such ordinance of the City unless otherwise specifically provided. Whenever any reference is made to any portion of this Code or to any ordinances of the City, the reference shall apply to all amendments and additions now or hereafter made. (1303, 1304)

1-3.10 Service of Notices.

Whenever a notice is required to be given under this Code, unless different provisions are otherwise specifically made in the 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 in 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. (1202)

1-3.11 Proof of Notice.

Proof of giving any notice may be made by the certification of any officer or employee of the City or by affidavit of any person over the age of eighteen (18) years, which certificate or affidavit shows service in conformity with this Code or with other provisions of law applicable to the subject matter concerned.

1-3.12 Statute of Limitations.

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

1-3.13 Definitions.

For the purposes of this Code, unless otherwise apparent from the context, certain terms and words as used herein are defined as follows:

a. Calendar year shall mean from January 1 through December 31 of any given year;

b. City shall mean the City of Walnut Creek, or the area within the territorial City limits of the City of Walnut Creek, and such territory outside the City over which the City has jurisdiction or control by virtue of any constitutional provision or any law;

c. Council shall mean the City Council of the City of Walnut Creek;

d. County shall mean the County of Contra Costa;

e. Fiscal year shall mean from July 1 of any given year through June 30 of the following year;

f. Gender. The masculine gender includes the feminine and neuter;

g. May is permissive;

h. Month means a calendar month unless otherwise expressed;

i. Number. The singular number includes the plural, and the plural number includes the singular;

j. Oath includes affirmation;

k. Office. The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of the City unless otherwise specified;

l. Owner, applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land;

m. Person includes any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city (excepting the City of Walnut Creek), County of Contra Costa, district in the County of Contra Costa, the State of California, and the United States of America, or any department or agency of any thereof, unless this Code expressly provides otherwise;

n. Personal Property includes money, goods, chattels, things in action, and evidences of debt;

o. Property includes both real and personal property;

p. Quarterly when used to designate a period of time, means the first three (3) calendar months of any given year or any succeeding period of three (3) calendar months;

q. Real property includes lands, tenements and hereditaments;

r. Shall is mandatory;

s. State is the State of California;

t. Street includes all streets, highways, avenues, boulevards, alleys, courts, places, squares 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;

u. 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; and

v. Tenses. The present tense includes the past and future tenses, and the future tense includes the present tense. (1306)

1-3.14 Directory Duties.

The use of the word "shall" in this code or any City ordinance, resolution, rule, or other regulation, is not intended to impose upon the City, its officers, agents or employees a mandatory duty of care toward persons or property so as to provide a basis of civil liability for damages. Any provision of this code or any City ordinance, resolution, rule or other regulation which governs the conduct of the City, or any of its officers, agents, or employees, shall be deemed to be directory, rather than mandatory so as not to impose any greater civil liability than required by law. It is the intent of this section to preserve the immunities provided by enactments, including the Tort Claims Act, and not to impose on the City or its officers, agents, or employees, a mandatory duty of care toward persons and property so as to provide a basis of civil liability for damages. (§1, Ord. 1695, eff. 9/16/88)