§ 1.12.290. Interpretation of mandatory language as not creating mandatory duty.


Latest version.
  • Whenever mandatory language such as "shall," "must," "will" or similar mandatory language appears in any ordinance or other documents approved by the City or by any of its officers, agents or employees any of which documents are construed as an "enactment" within the meaning of the California Government Code, such mandatory language shall not be construed as creating a mandatory duty within the meaning of Section 815.6 of the California Government Code unless such an intention to establish said mandatory duty is clearly and unequivocally expressed in the language of that enactment. Neither shall any such mandatory language be construed as imposing such a mandatory duty upon the City, its officers, agents or employees. (Ord. 2578, 1986).