Chapter 1.04 - GENERAL PROVISIONS

The following words or phrases, whenever used in the resolutions of Birch Bay Water and Sewer District of Whatcom County, Washington (hereinafter “BBWD”), 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:

“Board of commissioners” means the board of commissioners of BBWD. “All its members” or “all commissioners” means the total number of commissioners holding office.

“County” means the county of Whatcom.

“District” means BBWD or the area within the territorial limits of BBWD, and such territory outside BBWD over which BBWD has jurisdiction or control by virtue of any constitutional or statutory provision.

“Law” denotes applicable federal law, the Constitution and statutes of the state of Washington, the resolutions of BBWD, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

“May” is permissive.

“Month” means a calendar month.

“Must” and “shall” are each mandatory.

“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.”

“Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

“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.

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

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

“Property” includes real and personal property.

“Real property” includes lands, tenements and hereditaments.

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

“State” means the state of Washington.

“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in BBWD 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.

“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.

“Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

“Year” means a calendar year. (Res. 471 §1, 1989)

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of BBWD. (Res. 471 §2, 1989)

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. (Res. 471 §3, 1989)

The following grammatical rules shall apply in this code, 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.

(Res. 471 §4, 1989)

When an act is required by a resolution, 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. (Res. 471 §5, 1989)

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. (Res. 471 §6, 1989)

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. (Res. 471 §7, 1989)

The provisions of this code, and all proceedings thereunder, are to be construed with a view to effect their objects and to promote justice. (Res. 471 §8, 1989)

The repeal of any resolution shall not repeal the repealing clause of a resolution or revive any resolution which has been repealed thereby. (Res. 471 §9, 1989)