Section
1.12.005 Definitions
1.12.010 Emission of noxious fumes or odors
1.12.015 Depositing waste on any park or other public place
1.12.020 Depositing glass, nails, etc., in streets, etc.
1.12.025 Discharge of pollutants
1.12.030 Disturbing the peace
1.12.035 Obstruction of streets
1.12.040 Encroachments
1.12.045 Substandard or dangerous property conditions
1.12.050 Power to declare a public nuisance
1.12.055 Property owner responsibilities
1.12.057 Initial staff investigation
1.12.060 Attorneys’ fees
1.12.065 Notice to abate nuisance conditions
1.12.070 Methods of service
1.12.075 Manner of conducting abatement hearing
1.12.080 Issuance of decision, findings and order
1.12.085 Abatement by enforcement officer if nuisance is not abated
1.12.090 Abatement by owner/responsible party
1.12.095 Liability for abatement costs
1.12.100 Lien procedure
1.12.105 Special assessment procedure
1.12.110 Order for treble costs of abatement
1.12.115 Summary abatement
1.12.120 Right of judicial review
1.12.125 Violations and penalties
1.12.130 Remedies
Except as otherwise provided, the following words, terms and phrases used in this chapter are defined as set forth in this section.
ABATE. ABATE means, but is not limited to, modifying, repairing, replacing, removing, securing, locking, demolishing, or otherwise remedying the condition in question by such means and to such extent as necessary.
BUILDING. Any structure, (including but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential buildings or associated accessory structures) and any commercial, industrial or other establishment,
warehouse, kiosk, sign or other structure affixed to or upon real property used as a dwelling or for the purpose of conducting a business, storage or any other activity.
CODE. The Fairfax Municipal Code.
DAY. Calendar day.
ENFORCEMENT OFFICER. The Town Manager, or the Building Official, Fire Chief, Director of Public Works or Police Chief of the town, or their designees, when such persons have been delegated in writing the authority to enforce and administer the particular provisions of this chapter or of this code at issue in a particular matter.
HEARING OFFICER. The hearing officer appointed by the Town Councilor, if no officer is appointed, the Town Council. The hearing officer may be a town employee, but in that event the hearing officer shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past 12 months or possess any disqualifying interest in the outcome of the proceeding.
OWNER. Any person, his or her heirs, executors, administrators or assigns, agent, firm, partnership or corporation having or claiming any legal or equitable interest in the property in question, including all persons listed as owners on the last available equalized tax assessment roll for Marin County.
PROPERTY. All residential, industrial, commercial, agricultural, open space and other real property, including but not limited to, front yards, side yards, driveways, walkways, alleys and sidewalks, and shall include any building or other structure, whether fixed or moveable, located on such property.
PUBLIC NUISANCE or NUISANCE. Anything injurious to health, 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 by a neighborhood or by a considerable number of persons in the town. In addition, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance.
RESPONSIBLE PARTY. Any individual or legal entity who is the owner, tenant, cotenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this code, its adopted codes or applicable state codes.
TOWN. The Town of Fairfax.
TOWN COUNCIL. The Town Council of the Town of Fairfax.
(Ord. 734, passed 6-18-2008; Am. Ord. 831, passed 5-1-2019)
No person shall operate or maintain in the town any equipment or device, or store or process any raw or manufactured material or commodity in such a manner as to cause noxious fumes or odors to be emitted which are prejudicial to health or offensive to the senses, or so as to interfere with the comfortable enjoyment of life or property by a neighborhood or by any considerable number of persons.
(Ord. 734, passed 6-18-2008)
No person shall throw, discharge, deposit or leave, or cause, suffer or permit to be thrown, discharged, deposited or left, any litter, refuse or rubbish (as such terms are defined in § 8.12.010 of this Code), or any other waste matter whatsoever in or upon any park or any public place within the town except in waste receptacles designated for such purposes.
(Ord. 734, passed 6-18-2008)
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