Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.
Abatement Costs.The actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce the municipal code and any applicable federal, state or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include staff costs, administrative overhead, costs for equipment, such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys’ fees incurred by the city. Costs also include those incurred in seeking cost recovery. Abatement costs may be established in the Master Administrative Fee Schedule.
At any administrative hearing, judicial action or special proceeding where the city elects to recover attorneys’ fees in connection with an abatement action, the prevailing party shall be awarded attorneys’ fees not to exceed the amount of reasonable attorneys’ fees incurred in the action, hearing or proceeding. |
Bona Fide Encumbrancer.A person who: (i) receives a lien or encumbrance on the subject property after the city incurs abatement costs or enforcement costs; and (ii) at the time he or she acquired the interest did not have actual or constructive knowledge of the city’s interest in the property.
Bona Fide Purchaser.A person who: (i) purchases any portion of the subject property after the city incurs abatement costs or enforcement costs; and (ii) at the time he or she acquired his or her portion of the subject property did not have actual or constructive knowledge of the city’s interest in the property.
Enforcement Costs.All actual and reasonable costs incurred by the city to enforce compliance with the municipal code and any applicable federal, state, county or city public health and safety law that are not included within abatement costs. These costs include, but are not limited to, actual cost of the enforcing department services including, but not limited to, costs of personnel, including costs of worker’s compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of materials, costs related to investigations pursuant to the municipal code or federal, state or county law, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the municipal code or federal, state or county law violations, and reasonable attorneys’ fees. Enforcement costs include multiple response and similar costs as permitted by this chapter. Costs also include those incurred in seeking cost recovery.
Enforcing Department.The departments or divisions of the city that directed and are responsible for the enforcement of the King City Municipal Code or applicable federal, state or county law or the abatement of a public nuisance.
Noticed Party.The person or entity that is required to be noticed in the underlying abatement or enforcement action in which costs were incurred, but in all cases must include the record owner(s) of the property for property related violations. A “noticed party” should be notified for purposes of cost or penalty recovery in the same manner as they were required to be noticed, either by the municipal code or applicable federal, state or county law, in the abatement or enforcement action which resulted in the incurring of costs or penalties sought to be recovered under this article.
Penalties.Fines imposed by administrative citations issued pursuant to the King City Municipal Code or other penalties specifically identified in the King City Municipal Code or permit relating to a specific use. Penalties for purposes of this article do not include criminal fines.
Public Nuisance.A public nuisance as declared or defined in this chapter or any other provision of the King City Municipal Code.
Record Owner.The person to whom land is assessed as shown on the last available equalized assessment roll, supplemental roll of the county of Monterey, or as otherwise known to the enforcement official or designee by virtue of more recent or reliable information.
Responsible Party.A person or entity identified by the King City Municipal Code or law as responsible for creating, causing, committing, or maintaining the violation(s) of the King City Municipal Code or law and/or responsible for the abatement of a King City Municipal Code or law violation(s), including public nuisance, as defined in this chapter.
Subject Property.The real property that is the subject of any enforcement or abatement action by the city for which the city incurred costs sought to be recovered under this article.
(Ord. 739 § 2, 2017)