[Ord. 1525, 2-6-2008]
Unless the provisions or the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this chapter. The provisions of this chapter and all proceedings under it are to be construed with a view to effect its objects and to promote justice.
[Ord. 1525, 2-6-2008]
Whenever a notice is required to be given under this chapter, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his or her last known business or residence address as the same appears in the public records of the county or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
[Ord. 1525, 2-6-2008]
Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit or declaration under penalty of perjury as provided by the Cal. Civ. Proc. Code § 2015.5 of any person over the age of 18 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.
[Ord. 1525, 2-6-2008]
Whenever a power is granted to or is duly 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 or regulation or by an officer of the county or city, or by a deputy or employee of such officer when by contract with the city such officer is obligated and has agreed to perform certain duties on behalf of the city, unless this chapter expressly provides otherwise.
[Ord. 1525, 2-6-2008]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHANGE IN OPERATIONS
Any modification in the operational procedures of a commercial kitchen which has the potential to significantly increase the amount of grease generated by food preparation, including, without limitation, any substantial increase in the net public area, any substantial increase in the hours of operation, any significant increase in the size of the kitchen or the number of food service or food preparation employees, or any significant change in the size or type of food preparation equipment.
COMMERCIAL KITCHEN
Any business operating in the city as a full service or take-out restaurant, catering kitchen, employee cafeteria, or any other facility engaged in preparing and heat-processing food for consumption by the public or employees and which uses any equipment that produces grease vapors, steam fumes, smoke or odors that are required to be removed by a Type I or Type II hood. Establishments engaged only in assembling or serving food that is prepared entirely off site, and whose kitchen equipment consists only of beverage warmers and microwaves are not considered commercial kitchens.
COMMERCIAL PREMISES
Includes any building or site in any zone within the city, other than residential premises, from which any business, service, non-profit, governmental, institutional, commercial or industrial activity is conducted including, without limitation, motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, and private schools.
COUNTY
County of Riverside.
DIVISION
The Sanitary Division of the Public Works Department of the city.
ENGAGE IN
Includes carry on, keep, conduct, maintain, or cause to be kept or maintained.
DIRECTOR
The Public Works Director of the city, or his or her designee.
GREASE
Any oil, fat, or oily, fatty substance such as vegetable or animal fat that runs or may turn viscous or solidifies with a change in temperature or other conditions.
LAW
Denotes applicable federal law, the constitution and statutes of the State of California, the ordinances of the City of Indio, California, and any and all rules and regulations which may be promulgated hereunder.
NUISANCE
Is 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 other condition specified in Cal. Civ. Code § 3479.
OCCUPANT
As used in reference to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.
OPERATE
Includes carry on, keep, conduct, maintain, or cause to be kept or maintained.
PARCEL
Is a parcel as designated by the County Assessor.
PERSON
Includes any person, firm, association, organization, partnership, business trust, company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the city.
PUBLIC SEWER
The main sewer or trunk sewer, constructed in a street, highway, alley, place or right-of-way dedicated to public use.
REMODELING
Any physical change to a building that requires a building permit.
RESIDENTIAL PREMISES
Are single-family dwellings and multiple-unit dwellings.
SEWAGE
The water borne wastes from dwellings, kitchens, restaurants, institutions, stables, dairies, business buildings and other similar structures, but excluding any stormwater, rainwater, surface water, ground water, roof or yard drainage.
STATE
The State of California.
STREET
Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in the city which have been or may hereafter be dedicated and open to public use and accepted by the city, or such other public property as designated in any law of this state.
TENANT
As used in reference to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.