Unless specifically defined in this section, words and phrases used in this chapter shall be interpreted to give them the meaning in common usage and to give this chapter its most reasonable application.
"Abandoned" (vehicle)means any vehicle which has been left on private property or public property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in may be reasonably concluded.
"Abandoned" (building, structure or property)means any property that is vacant and under a current notice of default, notice of trustee's sale or that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or that is transferred under a deed in lieu of foreclosure or sale.
"Abatement"means the demolition, removal, repair, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight.
"Attractive nuisance"means any condition, instrumentality or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. Attractive nuisances may include, but shall not be limited to: (1) abandoned and/or broken equipment; (2) hazardous pools, ponds, culverts, excavations; and (3) neglected machinery.
"Building"means any structure, including, but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobilehome, or other residential, commercial or industrial structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial or other establishment, warehouse, kiosk or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity.
"Construction material"means any discarded material from the building or destruction of structures, roads and bridges, including concrete, rocks, asphalt, plasterboard, wood and other related material.
"Enforcement officer"means the individual designated by the city manager to cause inspections and to take such actions as may be required by the provisions of this chapter for the purpose of enforcing the city's municipal code.
"Garbage"means any putrescible animal, fish, fowl, food, fruit or vegetable matter resulting from the cultivation, preparation, storage, handling, decay or consumption of the substance.
"Hazardous substance"means any chemical compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the state of California as a "hazardous waste," as defined in 40 C.F.R. Section
261.33, except that for the purposes of this chapter, hazardous waste also shall include "household waste," as defined in 40 C.F.R.
261.4(B)(1).
"Hearing officer"means the individual appointed by the city manager to hear the appeal on a determination of the existence of a nuisance.
"Improved surface"means a ground surface covered or paved with concrete, asphalt, brick and mortar, stone and mortar, concrete pavers and mortar and/or such other material as has been approved for parking of vehicles by the community development director in such a manner as is designed to properly support the gross weight of the class of vehicle parked, support all wheels of the vehicle and permanently prohibit both weed growth around and under the vehicle and leakage of oil, fuel and other fluids into the ground.
"Infestation"means the presence, within or contiguous to, a structure or premises of termites, insects, vermin rodents or other pests. If the actual presence of pests cannot be confirmed, the presence of fresh droppings, larvae, eggs, recent rodent holes or other such evidence may be used to identify a current infestation.
"Inoperable vehicle"means any vehicle which cannot be legally operated on a public street because the vehicle lacks an engine, transmission wheels, tires, doors, windshield or any other part or equipment necessary to operate the vehicle safely, or is not currently registered with the California Department of Motor Vehicles.
"Junk"means any cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, wornout or wrecked object, thing or material including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels.
"Odor"means any smell, scent or fragrance.
"Owner"means any person, agent, firm or corporation having legal or equitable interest in the property.
"Person"means an individual, partnership, corporation, association or organization, or agent of any of the foregoing.
"Premises"means any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas.
"Property"means any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.
"Refuse"means any putrescible and nonputrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.
"Responsible person"means the owner of record of real property, any occupant, agent, custodian, lessee, manager, user or interested holder in property or premises, including, but not limited to, a trustee or beneficiary who holds a deed of trust to abandoned property; or any other person determined to have caused, committed, or permitted a violation of this code, or any other law, statute, regulation or rule regulating public nuisances.
"Right-of-way"means any area or parcel of property granted, deeded, dedicated to, or otherwise acquired by the city or the public at large for any public purpose including, but not limited to, roadways, alleys, streets, parkways, pedestrian ways, and sidewalks.
"Vacant" or "vacated"means real property not lawfully occupied by or with the consent of the owner or leaseholder of the property.
"Vehicle"means any device by which any person or property may be propelled, moved, or drawn upon a highway or upon water or through the air, excepting a device moved exclusively by human power.
"Weeds"means useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.
(Ord. 772 § 2, 2008)