The following words and phrases when used in this Title shall, for the purposes of this Title, have the meanings ascribed to them in this chapter.
"Abatement"
shall mean the removal of a certain condition or conditions or the cessation of a certain activity or activities which endanger the life, limb, health, property, safety or welfare of the general public and/or constitute a violation of the Rancho Mirage Municipal Code and/or other regulation(s).
"Abandoned"
as applied to a building shall mean a building that is unoccupied and is in such a state of neglect that a reasonable person would believe that the building has not been used for its intended, lawful purpose and/or has not been lawfully occupied for an extended period of time.
"Abandoned"
as applied to real property shall mean real property that is vacant and undeveloped, and/or real property that has not been lawfully developed and/or improved and which is more than two years delinquent in payment of the assessed real property taxes owing upon such property.
"Administrative hearing officer"
shall mean the individual who shall conduct administrative appeal hearings and other administrative hearings pursuant to this Title 14 and who shall render decisions pursuant to the applicable administrative hearing procedures set forth in this Title 14.
"Administrative citation"
shall mean a formal notice that is issued by a code compliance officer or other authorized code compliance agent to a person who has been determined to have committed a violation of the Rancho Mirage Municipal Code and/or other regulation(s) enforceable by the City of Rancho Mirage.
"Assessment"
shall mean the special assessment which may be assessed against a parcel of land as authorized by Government Code Section 38773.5 to recover the cost of abatement of a public nuisance incurred by the City of Rancho Mirage.
"Attractive nuisance"
shall mean an instrumentality, activity or condition existing on premises or property which may reasonably be considered to be a source of danger to children who have been known to be accustomed to resort on the premises or property or who may, by reason of something on the premises which may be expected to attract children, come to the premises or property to play.
"Building" or "structure"
shall mean all such improvements regardless of use and including, but not limited to, residential, commercial, or industrial buildings or structures.
"Building official"
shall mean the individual designated by the city manager as the person authorized to serve as the City's Building Official for the purposes of administering various Uniform Codes and California Codes duly adopted by the City and incorporated herein by this reference in the Municipal Code.
"Building permit"
shall mean the permit granted by a ministerial process which permits the construction or modification of a building or structure in accordance with the Municipal Code and applicable statutes, codes, rules and regulations.
"Certificate of occupancy"
shall mean the certificate required by the California Building Code and administered by the Building Official or his/her designee as may be authorized by law indicating that work has been completed in compliance with building and zoning codes.
"Citing officer"
shall mean the code compliance officer or other authorized enforcement agent of the City who issued a citation or notice pursuant to this Title 14.
"Code compliance manager"
shall mean the individual designated by the city manager to cause inspections and to take such actions as may be required by the provisions of this Title 14 for the purpose of enforcing certain prescribed provisions of the Municipal Code, and all applicable statutes, rules, codes and regulations enforceable by the City of Rancho Mirage.
"Code compliance officers"
shall mean those individuals employed by the City and/or designated by the Code Compliance Manager or his or her designee to conduct inspections and to take such actions as may be required by the provisions of this Title 14 for the purpose of enforcing certain prescribed provisions of the Municipal Code and all applicable statutes, rules, codes and regulations enforceable by the City of Rancho Mirage.
"Conditional use permit"
shall mean the permit granted by a quasi-judicial process wherein a specific use is approved subject to specific conditions in accordance with the Municipal Code and applicable statutes, codes, rules and regulations.
"Declaration"
shall mean the formal document written by an individual under penalty of perjury describing the individual's observations, actions, and/or investigation.
"Excavation"
shall mean any well, shaft, basement, cesspool, septic tank, fish pond, and other like or similar conditions more than six inches in diameter and twenty-four inches in depth.
"Field citation"
shall mean a document that is issued by a Code Compliance Officer or other authorized agent to a person who has been arrested for committing an infraction or misdemeanor violation, which may be signed by the violator as a promise to appear at court at a designated date and time, which, together with sufficient evidence of the violator's identity, shall permit the violator to avoid being taken into custody.
"Garbage"
shall mean any organic refuse of any kind resulting from the preparation and serving of food, old, decayed or spoiled food, dead animal litter or any other organic refuse of any source.
"Inoperative vehicle"
shall mean any vehicle which cannot be legally operated on the street because the vehicle: (a) lacks an engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary to operate the vehicle safely, or (b) cannot be operated under its own power.
"Issuing division or department"
shall mean the division or department of the City of Rancho Mirage which issued a citation and/or notice pursuant to its authority set forth in this Title 14. For purposes of this ordinance, "Division" shall include the City's Code Compliance, Planning, Building, Housing and Animal Control Divisions; "Department" shall include the City's Fire and Police Departments.
"Highway"
shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets.
"Issuing officer" or "authorized agent"
shall mean the Code Compliance Manager or other authorized officer of the City possessing the requisite training who issued a citation or notice pursuant to this Title 14.
"Junk"
shall mean any cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn-out 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, plaster of Paris, 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 and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels.
"Legal interest"
shall mean possession of a legal or equitable interest in real property including, but not limited to, a leasehold interest.
"Lien"
shall mean the legal document generally recorded against real property to secure the payment of a debt.
"Litter"
shall mean an accumulation of garbage, rubbish and junk and all other waste material dangerous or injurious to neighboring property or to the health and safety of the general public.
"Municipal Code"
shall mean the Municipal Code of the City of Rancho Mirage and all applicable statutes, rules, codes and regulations adopted and incorporated therein by reference through a duly adopted ordinance or resolution of the city council.
"Notice of public nuisance"
shall mean a formal notice informing an owner, occupant, custodian, agent or user of real property about the existence of certain conditions or activities which constitute a public nuisance.
"Notice of violation"
shall mean an informal notice informing a party about the existence of a certain condition or activity which constitutes a violation of the Municipal Code, a public nuisance, or a violation of any applicable statute, rule, code or regulation enforceable by the City of Rancho Mirage.
"Owner"
shall mean any person having a legal or equitable interest in property. "Owner" as applied to a building or land shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.
"Permit"
shall mean a document issued by the City of Rancho Mirage which allows a use, activity, event, or structure in accordance with the Municipal Code and applicable statutes, codes, rules and regulations.
"Person"
shall mean any natural person, individual, firm, association, club, organization, corporation, business trust, partnership, company, corporation or other entity which is recognized by law as the subject of rights or duties, or any employee thereof.
"Plain view"
shall mean an unintrusive observation by or a sound heard by an individual's own natural senses from a location upon which the observing or listening individual is legally justified to be present.
"Planning Commission"
shall mean the Planning Commission of the City of Rancho Mirage.
"Polluted water"
shall mean water contained in a swimming pool, pond or other body of water, which is composed of, but is not limited to, bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material, which because of the nature or location of the water constitutes an unhealthy, unsafe or unsightly condition.
"Privies"
shall mean an outhouse or similar use.
"Property owner"
shall mean an owner of record of a parcel of land identified on the last equalized assessment roll of the county in which the land is located or as otherwise known to a code compliance officer or other authorized agent.
"Public right-of-way"
shall mean any area or parcel of property granted, deeded, dedicated to, or otherwise acquired by the City of Rancho Mirage or the public at large for any public purpose including, but not limited to, alleys, roadways, parkways, pedestrian ways, sidewalks and public streets.
"Refuse"
shall mean any putrescible and nonputrescible solid waste, except sewage, whether combustible or noncombustible and includes garbage and rubbish.
"Remedies"
shall mean the enforcement options available to the City of Rancho Mirage to gain compliance with a law or regulation.
"Responsible person"
shall mean the owner of record of real property, any occupant, agent, custodian, lessee, manager, user, or interested holder in property or premises, or any other person determined to have caused, committed, or permitted a violation of the Municipal Code and/or applicable statute, rule, code or regulation or a public nuisance.
"Secured"
as applied to a building shall mean that reasonable actions have been taken to prohibit unlawful entry into the building, including, at a minimum, locked or boarded up windows and doors.
"Statute"
shall mean any law or regulation enacted by the California State Legislature.
"Stop work order"
shall mean the order issued by the Building Official or authorized agent requiring that construction cease due to apparent code violations.
"Structure" or "building"
shall mean all such improvements regardless of use and including, but not limited to, residential, commercial, or industrial buildings or structures.
"Tenant or occupant"
applied to a building, dwelling, structure or land shall include any person who lawfully occupies the whole or part of such building, dwelling, structure or land, whether alone or with others.
"Unoccupied" or "vacant"
applied to a building, dwelling, structure or land shall mean a building, dwelling, structure or land that is not occupied or otherwise utilized by any person with a legal right to hold possession or to exercise dominion or control over such building, dwelling, structure or land such that a reasonable person would believe that such building, dwelling, structure or land has not been lawfully occupied or utilized for an extended period of time.
"Vector"
shall mean any animal or insect capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, rodents, Red Imported Fire Ants and other vertebrates.
"Vehicle"
shall mean a device by which any person or property may be drawn, moved, or propelled upon a highway, except a device moved by human power or used exclusively upon stationary rail or tracks.
(Ord. 870, § 2, 2004; Ord. 971, § 1, 2008)
The words and phrases when used in this Title 14 in relation to the California Building Code shall, for the purposes of this Title 14, have the meanings ascribed to them in the California Building Code.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 14 in relation to the Uniform Administrative Code shall, for the purposes of this Title 14, have the meanings ascribed to them in the Uniform Administrative Code.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 14 in relation to the California Plumbing Code shall, for the purposes of this Title 14, have the meanings ascribed to them in the California Plumbing Code.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 14 in relation to the California Mechanical Code shall, for the purposes of this Title 14, have the meanings ascribed to them in the California Mechanical Code.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 14 in relation to the California Electrical Code shall, for the purposes of this Title 14, have the meanings ascribed to them in the California Electrical Code.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 14 in relation to the Uniform Code for the Abatement of Dangerous Buildings shall, for the purposes of this Title 14, have the meanings ascribed to them in the Uniform Code for the Abatement of Dangerous Buildings.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 14 in relation to the Uniform Housing Code shall, for the purposes of this Title 14, have the meanings ascribed to them in the Uniform Housing Code.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 14 in relation to the California Fire Code shall, for the purposes of this Title 14, have the meanings ascribed to them in the California Fire Code.
(Ord. 870 § 2, 2004)
The words and phrases when used in this Title 13 in relation to the Uniform Swimming Pool, Spa and Hot Tub Code shall, for the purposes of this Title 13, have the meanings ascribed to them in the Uniform Swimming Pool, Spa and Hot Tub Code.
(Ord. 870 § 2, 2004)
Where terms are not specifically defined in this Title 14, in the Municipal Code, in any applicable statute, rule, code or regulation, or in any of the Uniform Codes or California Codes adopted and incorporated by reference by the Municipal Code, they shall have the meanings set forth their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted City policy or regulation.
(Ord. 870 § 2, 2004)
Words used in the singular include the plural and the plural the singular.
(Ord. 870 § 2, 2004)
Words used in the masculine gender include the feminine and words used in the feminine gender include the masculine.
(Ord. 870 § 2, 2004)
Whenever a reference is made to any part of the Municipal Code or to any ordinance of the city, reference applies to all amendments and additions now or hereafter made.
(Ord. 870 § 2, 2004)
Whenever a power is granted to, or a duty is impose 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 Title 14 or the Municipal Code expressly provides otherwise.
(Ord. 870 § 2, 2004)
Whenever in this Title 14, any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
(Ord. 870 § 2, 2004)