General Definitions. The following words and phrases when used in this title shall have the meanings ascribed to them in this section:
Abandoned.1. Applied to a buildingmeans 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.
2. Applied to real propertymeans 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 citation”means a formal notice that is issued by a code enforcement 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.
“Administrative Hearing Officer”means the individual who shall conduct administrative appeal hearings and render decisions pursuant to the administrative appeal procedures set forth in this title.
“Assessment”means the special assessment which may be assessed against a parcel of land as authorized by California Government Code Section
38773.5 to recover the City’s cost of abatement of a public nuisance.
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 duly adopted by the City and incorporated herein by this reference in 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 his or her designee as may be authorized by law indicating that work has been completed in compliance with building and zoning codes.
“Code Enforcement 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 chapter for the purpose of enforcing certain prescribed provisions of the municipal code, and all applicable statutes, rules, codes and regulations.
“Code Enforcement Officers”means those individuals employed by the City and/or designated by the Code Enforcement Chief or his or her 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 24 inches in depth.
“Field citation”means a document that is issued by a Code Enforcement 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:
1. Lacks current registration;
Lacks an engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary to operate the vehicle safely; or
Cannot be operated under its own power.
“Issuing division or department”means the division or department of the City that issued a citation and/or notice pursuant to its authority set forth in this title.
“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 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.
“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.
“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.
“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.