For purposes of this code, the following words shall have the
following meaning, unless a different meaning is specifically provided
for in this code.
"Building"
means any structure or any portion thereof used or intended
for housing or the enclosure of persons, animals, chattels, equipment
or property of any kind, and also includes other structures wherein
things may be grown, made, produced, kept, handled, stored or disposed
of, and all appendages, accessories, apparatus, appliances and equipment
installed as part thereof.
"Building"
shall not include machinery, equipment, or appliances installed
for manufacture or process purposes only, nor shall it include any
construction installations, which are not part of a building, or include
any house trailer or vehicle, which conforms to the vehicle code.
"Building official"
means the city official and his or her designated representative
charged with enforcement of the city building code.
"Chief of police"
means the chief of police of the city of West Sacramento
or designated representatives.
"City"
means the city of West Sacramento.
"City manager"
means the city manager of the city of West Sacramento or
designated representative.
"City clerk"
means the clerk of the city of West Sacramento or his or
her designated representative.
"Combustible materials"
means materials which are readily ignitable, free burning,
or which will ignite through contact with flames of ordinary temperatures
and includes combustible decorative materials, combustible dust, combustible
fibers, and combustible liquids as those terms are defined in the
California Fire Code as adopted by the city.
"Days"
means calendar days unless otherwise specified.
"Demolish"
means to destroy a building and to remove all debris and
waste materials from the lot on which the building stood.
"Dwelling"
means a building which contains more than two dwelling units
used, intended or designed to be used, rented, leased, let or hired
out to be occupied for living purposes as defined by the California
Fire Code. Dwellings do not include vehicles, travel trailers, recreational
vehicles, watercraft or similar conveyances.
"Dwelling unit"
means a single unit providing complete, independent living
facilities for one or more person, including permanent provisions
for living, sleeping eating, cooking and sanitation as defined by
the California Fire Code.
"Enforcement"
means diligent effort to secure compliance or abatement.
This may include review of plans and permit applications, response
to complaints, citation of violations, and other legal process. Except
as otherwise provided in this code, "enforcement" may, but need not
include inspections of existing buildings on which no complaint or
application has been filed; and show effort to secure compliance as
to such existing buildings.
"Hearing officer"
means an individual or individuals appointed by the city
manager, acting singularly or collectively, to hear matters as provided
for and described in this code, in accordance with regulations that
may be established by the city council.
"Imminently dangerous"
means that the condition of property or a building, if abated
according to the procedures set forth in this code requiring notice
and an opportunity for a hearing, may, during the pendency of those
proceedings, subject the public, occupants, or neighbors, or the property
of these persons to potential harm of a serious nature.
"Junk"
means any worn out, cast off, or discarded article or material
that is ready for destruction or has been collected or stored for
salvage or conversion to some use. Any article or material which unaltered
or unchanged and without further reconditioning, can be used for its
original purpose as readily as when new shall not be considered junk.
"Junkyard"
means any property, or the use of any portion of a property
other than for any licensed automobile wrecking yard, for the dismantling
of machinery other than motor vehicles or for the storage or keeping
for sale of parts and equipment resulting from such dismantling or
wrecking or for the storage or keeping of junk, including scrap metals
or other scrap material, whether or not such activity is done for
profit.
"Legal occupant"
means any person over one year of age lawfully living, sleeping,
cooking or eating in, or otherwise having actual legal possession
of a dwelling unit.
"Major vehicle repair"
means any maintenance, repair, or replacement not listed
in the definition of minor vehicle repair, including, but not limited
to, the installation, repair, or refinishing of body, paint, radiator,
starter and alternator, transmission, muffler, and engine.
"Mediation"
means a meeting held between the city manager and a responsible
party under the supervision of an impartial third party to informally
resolve issues relating to alleged violations of the Nuisance Abatement
Code or other applicable laws.
"Minor vehicle repair"
means the installation, repair or refinishing of battery
and ignition, brakes, detailing, diagnosis and tuning, glass, car
stereo, seat covers and re-upholstery, tires and trailer hitch installation.
"Notice of administrative violation"
means the notice issued by the city manager or designated
representatives, which may include, but are not limited to, police
officer and/or code enforcement officer.
"Nuisance"
means any nuisance defined pursuant to Part 3 of Division
4 of the
Civil Code commencing with Section 3479, any other nuisance
recognized at common law or in equity, or any nuisance as defined
by this code.
"Occupy"
means to reside or dwell in for purposes of shelter, sleeping
or cooking.
"Order of abatement"
means any final order or notice requiring abatement of a
nuisance pursuant to this code or other applicable law, whether issued
by the hearing officer, appeals board, or other person, body, court,
tribunal, committee, board, or council authorized by this code or
other applicable law to order abatement of nuisances.
"Person"
means an individual, firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate,
trust, receiver, syndicate, city, local agency, or any other group
or combination acting as an entity or their successors or assigns,
or the agent of any of these persons or entities.
"Person"
includes an owner, lessee, sublessor, sublessee, or occupant
of premises.
"Property"
means all real property, including, but not limited to, the
entire premises, parking lots, sidewalks, gutters, driveways, walkways
and shall include any building and structure and improvement thereon
located on such property.
"Public nuisance"
includes, but is not limited to, a nuisance that affects
at the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage
inflicted upon individuals may be unequal; or any public nuisance
as defined by state law or this code.
"Reasonable time(s)"
means between the hours of eight a.m. and five p.m., Monday
through Friday, inclusive, unless otherwise required by: (1) an emergency
impacting the safety or preservation of life or property; or (2) the
fact that the alleged violation of the Nuisance Abatement Code or
other applicable laws only occurs at some other hour or on a weekend
"Registered,"
with respect to vehicles, means a current, valid California
Registration for a vehicle conforming to California
Vehicle Code Sections
4000 or 9840 et seq.
"Responsible party"
means any person, business, company or entity, and the parent
or legal guardian of any person under the age of eighteen years, who
has committed any act for which the city may impose an administrative
fine or penalty.
"Rubbish"
means and includes castaway furniture, packing materials,
construction waste, dry manure, debris, tree or shrub trimmings, or
other matter that could constitute or increase a fire hazard.
"Service request"
means a report, by any person or entity, of an alleged violation
of the Nuisance Abatement Code or other applicable laws.
"Tenant"
means the person lawfully occupying a building or portion
thereof, or a dwelling unit or rental dwelling unit.
"Vehicle"
means a device by which any person or property may be propelled,
moved or drawn upon a highway, road or body of water and, for the
purposes of this code, shall include, but not be limited to, automobiles,
trailers, recreational vehicles, campers, boats, motorcycles and mopeds,
whether or not such vehicles are registered as required by law.
"Weeds"
means and includes, but is not limited to, plants which bear
seeds of a downy or winged nature; sagebrush, chaparral, manzanita,
berry bushes, bamboo, and any other brush which can become a fire
hazard to the property or adjacent property; poison oak; and dry grass,
grass or weed stubble, dry or dead brush or shrubs. The city manager
shall have discretion to determine whether a particular plant or brush
is a weed for purposes of this code, subject to any appeal procedures
as provided by this code.
"Yard sale"
means a sale of personal property on property that is used
for residential purposes.
(Ord. 03-1 § 2; Ord. 08-20 § 3; Ord. 12-11 § 5; Ord. 13-7 § 4; Ord. 19-11 § 4; Ord. 22-20 § 4)