As used in this chapter:
"Administrative costs"means that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under this chapter. Administrative costs shall include, but not be limited to, site inspections and re-inspections, third party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time and expense of preparing for and attending meetings and/or hearings related abatement proceedings. The hourly rate for staff time shall be set by resolution of the City Council and may be revised from time to time.
"Cost of abatement"means the total cost incurred by the City in connection with a public nuisance, including, but not limited to:
1. Any cost incurred in removing or remedying a public nuisance;
2. The notice and order, appeal and termination of fees for administrative services rendered by the City in connection with the inspection, notification, prosecution and abatement procedures authorized by this chapter:
a. The notice and order, appeal and termination fees shall be in such amounts as are determined from time to time by resolution of the City Council,
b. The notice and order, appeal and termination fees will be calculated based on services rendered by the City from the time of the initial complaint intake for the purpose of documenting a violation of this chapter until the violation is corrected,
c. The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this chapter or other laws;
3. Any cost incurred by the City in collecting the costs enumerated in subsections 1 and 2 of this definition, including administrative costs.
"Junk"means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no substantial market value or requiring reconditioning in order to be used for its original purpose.
"Nuisance"means anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the use in the customary manner of any public park, street, highway or other public property.
"Owner"means owner of record of real property, occupant, lessee, interested holder in same, or homeowners association, as the case may be. For purposes of this chapter, a homeowners association which exercises management and/or control over a common area shall be deemed an owner of the area over which such control is exercised. Exercising control includes, but is not limited to, maintenance, ownership, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.
"Premises"means any real property, or improvements thereon, as the case may be, including, but not limited to, an area designated as a common area within a condominium or similar project.
"Public nuisance"means a nuisance which affects at the same time a substantial portion of a community, neighborhood or any considerable number of persons residing or working in such area, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
(Ord. 519 § 1, 2009)