For the purpose of this Chapter, the following terms, phrases and words shall have the meanings given.
"City Manager" means the chief administrator officer of the City, as defined in Article VI of the Charter of the City of Anaheim.
"Director" means the Director of Planning and Building Department of the City of Anaheim or the Director's designee, including the Community Preservation Manager and any Community Preservation Officer or staff so designated by either the Director of Planning or the Community Preservation Manager to carry out responsibilities under this Chapter.
"Dwelling unit" is defined in Section 18.92.070 ("D" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of this Code.
"Lessee" means one who has a possessory interest in a rental housing unit under a rental agreement or lease with the owner or the owner's representative. "Lessee" is synonymous with the terms "tenant" and "occupant".
"Motel" is defined in Section 18.92.160 ("M" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of this Code. For purposes of this Chapter, "Motel" is further defined as a building, or group of buildings, containing motel guest units where tourists, sojourners or transients do not take access or enter their motel guest unit through a central lobby. "Motel" also includes the premises upon which a motel guest unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.
"Motel guest" means one who resides in a motel guest unit under an agreement with the owner or owner's representative.
"Motel guest unit" means a guest room or suite, provided as lodging or sleeping accommodations in a motel, as described in Section 18.92.160 ("M" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of this Code and further defined in this Section 15.70.030.
"Owner" means the owner of record of a rental/motel property, as that term is defined herein.
"Owner's representative" means the owner's agent, property manager or other person who has charge or control over a rental/motel property on behalf of the owner.
"Rent" means to grant the possession or enjoyment of, in exchange for money or any other consideration.
"Rental housing property" means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the assessor of the County of Orange, upon which at least one rental housing unit is maintained. "Rental housing property" includes the premises upon which a rental housing unit is located, including parking areas, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas. "Rental housing property" does not include a single-family detached dwelling unit.
"Rental housing unit" means a dwelling unit that is being rented or leased, or is intended to be rented or leased. Examples of rental housing units covered by this Chapter include "Dwellings- Multiple Family" (as defined in Section 18.92.070 of this Code), "Dwellings-Single-Family Attached" (as defined in Section 18.92.070 of this Code), dwelling units in apartment buildings, dwelling units in condominiums, dwelling units in townhomes, dwelling units in planned unit developments, and dwelling units in duplexes and triplexes. "Rental housing unit" does not include "Dwellings-Single-Family Detached" (as defined in Section 18.92.070 of this Code). "Rental housing unit" does not include units used for transient lodging such as dormitories, group homes, rooming or boarding houses, hotels, motels, and bed and breakfast facilities.
"Rental/motel property" refers to and includes a motel, a motel guest unit, rental housing property, or rental housing unit.
"Substandard condition" means the presence of any one or more of the following conditions on rental/motel property: (i) any condition that constitutes a public nuisance as defined in California Civil Code Sections 3479-3480; (ii) any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties; (iii) any condition of deterioration or disrepair that creates a substantial adverse impact on the resident or guest's ability to reside in decent, safe sanitary, and secure housing; (iv) any violation of the Anaheim Municipal Code that creates a substantial adverse impact on neighboring properties, such as graffiti or abandoned, wrecked, dismantled or inoperative vehicles (or parts thereof); or (v) any condition not in compliance with the Building Standards Codes, as adopted in Chapter 15.03 of this Code, including the building, electrical, plumbing, and mechanical codes, the California Fire Code, as adopted in Chapter 16.08 of this Code, or the State Housing Law (Health and Safety Code Sections 17910 et seq.). A substandard condition includes, but is not limited to, the following enumerated conditions:
A. Property, whether improved or not, which is not kept substantially clean and free from accumulations including, but not limited to, overgrown vegetation, dead trees, weeds, rank growth, rubbish, junk, garbage, litter, debris, flyers or circulars.
B. Buildings or structures which are unpainted or the exterior paint is substantially worn off; provided, however, that nothing in this section shall be construed to require an owner to paint a building where the architectural style indicates it was intended to be unpainted, such as a brown shingle building.
C. Buildings or structures or significant sections thereof including, but not limited to, awnings, canopies, exterior stairs, roof, foundation, walls, fences, signs, retaining walls, driveways, or walkways which are substantially deteriorated or defaced, or windows which are missing or broken. For the purposes of this section, "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti."
D. Property which contains, in the outdoor area, any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household equipment, machinery, furniture, or item, appliance or appliances, boxes, lumber, dirt or debris, trash, garbage or refuse cans, or any items other than those commonly stored outdoors, or any parts of such items. This subsection does not prohibit machinery installed in the rear setback areas for household or recreational use, furniture designed and used for outdoor activities, trash cans in the front yard during the twenty-four hour period allowed for garbage pick-up, and garbage bins or debris boxes.
E. A motel guest unit(s) in which any or all of the following is present: (i) no hot or cold running water, (ii) no functioning toilet, (iii) carpet that is unsanitary or is worn to the point that portions are missing, (iii) no heat or ventilation; (iv) visible signs of mold, (v) visible signs of bug or rodent infestation, or (vi) any other condition that creates a living environment that is not decent, safe, or sanitary.
Notwithstanding the above definition, public nuisances pertaining to unsafe buildings, structures, or property conditions, as defined by the Building Standards Codes, the California Fire Code, and/or the State Housing Law, shall not constitute a substandard condition for purposes of this Chapter and shall remain within the exclusive enforcement authority of the Building Official to the extent required by state and local law. (Ord. 6297 § 1 (part); March 4, 2014: Ord. 6403 § 1 (part); April 4, 2017.)