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.
"Abandoned"
applied to a building means 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"
applied to real property means 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.
"Abatement"
means the removal of a certain condition or conditions which
endanger the life, limb, health, property, safety or welfare of the
general public.
"Administrative appeals officer"
means the individual who shall conduct administrative appeal
hearings and render decisions pursuant to the administrative appeal
procedures set forth in this title.
"Administrative citation"
means a formal notice that is issued by a code compliance
officer or other authorized enforcement agent to a person who has
committed an infraction or misdemeanor violation in lieu of issuing
a criminal field citation or filing a criminal complaint.
"Assessment"
means the special assessment which may be assessed against
a parcel of land as authorized by
Government Code Section 38773.5
to recover the city's cost of abatement of a public nuisance.
"Building official"
means 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, including the building,
administrative, plumbing, mechanical, electrical, abatement of dangerous
buildings, sign and swimming pool, spa and hot tub codes. "Building
official" also means the individual designated pursuant to Section
8.04.050 of the municipal code.
"Building permit"
means 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"
means the certificate required by the Uniform Building Code
and administered by the building official or designee as may be authorized
by law indicating that work has been completed in compliance with
building and zoning codes.
"Code compliance chief"
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 title for the purpose of enforcing certain prescribed provisions
of the municipal code, and all applicable statutes, rules, codes and
regulations.
"Code compliance officers"
means those individuals employed by the city and/or designated
by the code compliance chief or designee to conduct inspections and
to take such actions as may be required by the provisions of this
title for the purpose of enforcing certain prescribed provisions of
the municipal code and all applicable statutes, rules, codes and regulations
"Conditional use permit"
means the permit granted by a ministerial 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"
means the formal document written by an individual under
penalty of perjury describing the individual's observations, actions,
and/or investigation.
"Excavation"
means 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"
means a document that is issued by a code compliance officer
or other authorized enforcement 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"
means any putrescible animal, fish, fowl, food, fruit or
vegetable matter resulting from the cultivation, preparation, storage,
handling, decay or consumption of the substance.
"Inoperative vehicle"
means any vehicle which cannot be legally operated on the
street because the vehicle: (a) lacks current registration; (b) lacks
an engine, transmission, wheels, tires, doors, windshield or any other
part or equipment necessary to operate the vehicle safely; or (c)
cannot be operated under its own power.
"Issuing division or department"
means the division or department of the city who issued a
citation and/or notice pursuant to its authority set forth in this
title. For purposes of this title, "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.
"Junk"
means any cast-off, damaged, discarded, junked, 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, 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"
means possessing a legal or equitable interest in real property,
including, but not limited to, a leasehold interest.
"Lien"
means the legal document generally recorded against real
property to secure the payment of a debt.
"Litter"
means 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"
means the municipal code of the city of Cathedral City 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"
means a formal notice informing an owner or user of real
property about the existence of certain conditions which constitute
a public nuisance.
"Notice of violation"
means an informal notice informing a party about the existence
of a certain condition or situation which constitutes an infraction
or misdemeanor violation of the municipal code, a public nuisance,
or a violation of any applicable statute, rule, code or regulation.
"Owner"
means any person having a legal or equitable interest in
property. "Owner" 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.
"Plain view"
means 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.
"Permit"
means a document issued by the city which allows a use, activity,
event, or structure in accordance with the municipal code and applicable
statutes, codes, rules and regulations.
"Person"
means and includes any person, firm, association, organization,
partnership, business trust, company or corporation.
"Polluted water"
means that which includes and is not limited to such things
as 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 its nature or location
constitutes an unhealthy, unsafe or unsightly condition.
"Property owner"
means an owner of record of a parcel of land identified on
the last equalized assessment roll of the county or as otherwise known
to a code enforcement officer or other authorized enforcement agent.
"Public 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, alleys, roadways, parkways,
pedestrian ways, sidewalks and public streets.
"Refuse"
means any putrescible and nonputrescible solid waste, except
sewage, whether combustible or noncombustible and includes garbage
and rubbish.
"Remedies"
means the enforcement options available to the city to gain
compliance with a law or regulation.
"Responsible person"
means the owner of record of the subject real property and
any occupant, lessee, or interested holder in same.
"Secured"
as applied to a building means that reasonable actions have
been taken to prohibit unlawful entry into the building, including,
at a minimum, locked windows and doors.
"Statute"
means any law or regulation enacted by the California State
Legislature.
"Stop work order"
means the order issued by the building official or authorized
agent as authorized by the Uniform Building Code requiring that construction
cease due to apparent code violations.
"Tenant or occupant"
applied to a building or land means and includes any person
who lawfully occupies the whole or part of such building or land,
whether alone or with others.
"Unoccupied"
applied to a building, dwelling or structure means a building,
dwelling or structure 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 or structure such that a reasonable
person would believe that such building, dwelling or structure has
not been lawfully occupied or utilized for an extended period of time.
(Ord. 504 § 2, 1999; Ord. 527 § 1, 2000; Ord. 776 § 26, 2016)
The words and phrases when used in this title in relation to
the Uniform Building Code shall, for the purposes of this title, have
the meanings ascribed to them in the Uniform Building Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the Uniform Administrative Code shall, for the purposes of this title,
have the meanings ascribed to them in the Uniform Administrative Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the Uniform Plumbing Code shall, for the purposes of this title, have
the meanings ascribed to them in the Uniform Plumbing Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the Uniform Mechanical Code shall, for the purposes of this title,
have the meanings ascribed to them in the Uniform Mechanical Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the National Electrical Code shall, for the purposes of this title,
have the meanings ascribed to them in the National Electrical Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the Uniform Code for the Abatement of Dangerous Buildings shall, for
the purposes of this title, have the meanings ascribed to them in
the Uniform Code for the Abatement of Dangerous Buildings.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the Uniform Sign Code shall, for the purposes of this title, have
the meanings ascribed to them in the Uniform Sign Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the Uniform Fire Code shall, for the purposes of this title, have
the meanings ascribed to them in the Uniform Fire Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the California Fire Code shall, for the purposes of this title, have
the meanings ascribed to them in the California Fire Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the National Fire Code shall, for the purposes of this title, have
the meanings ascribed to them in the National Fire Code.
(Ord. 504 § 2, 1999)
The words and phrases when used in this title in relation to
the Uniform Swimming Pool, Spa and Hot Tub Code shall, for the purposes
of this title, have the meanings ascribed to them in the Uniform Swimming
Pool, Spa and Hot Tub Code.
(Ord. 504 § 2, 1999)
Where terms are not specifically defined in this title, in the
municipal code, in any applicable statute, rule, code or regulation,
or in any of the uniform 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. 504 § 2, 1999)
Words used in the singular include the plural and the plural
the singular.
(Ord. 504 § 2, 1999)
Words used in the masculine gender include the feminine and
the feminine the masculine.
(Ord. 504 § 2, 1999)
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. 504 § 2, 1999)
Whenever a power is granted to, or a duty is imposed 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 or the municipal code expressly provides otherwise.
(Ord. 504 § 2, 1999)
Whenever in this title 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. 504 § 2, 1999)