For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. Buildings, structures, property or other items found to be unoccupied, unattended or left in a place or condition in which it is reasonably apparent or obvious that the owner has no intention of returning to occupy or claim it.
ABATE. To remove the source of the public nuisance either by correcting specific problems or by removal from public or private property.
ABATEMENT COSTS. Also referred to as COSTS OF ABATEMENT and ADMINISTRATIVE COSTS. They include all costs and expenses incurred by the city in abating a public nuisance. Such costs include, but are not limited to, the following: the actual expenses and costs to the city in the preparation of notices, specification and contracts; inspection of the work; recording fees; any attorney's fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to Cal. Health and Safety Code § 520 and other statutory entitlements. Costs may be recovered by the prevailing party in actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney’s fees. Abatement costs shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.
ABATEMENT HEARING. The administrative hearing before the Hearing Officer after issuance of a notice to abate by an Enforcement Official.
APPLICABLE STATE CODE. Any law of the State of California which protects the health, safety or welfare of the citizens of the city.
BOARDED BUILDING. A building whose doors or windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.
BUILDING. A man made structure used for or intended for the occupancy of humans.
BUILDING OFFICIAL. The Building Official of the city.
CITY MANAGER. The City Manager of the city.
DECAYED. Vegetation which has become deteriorated, lost its strength, health or has declined in quality.
DETERIORATED. Any building, structure, fence, automobile, or other item which is in a state of disrepair, partial ruin or decay.
DILAPIDATED. Any building, structure, fence, automobile, and the like in a state of disrepair or reduced into partial ruin or decay.
DISEASED. Any abnormal condition that interferes with vital physiological processes, caused by unfavorable or environmental conditions.
DISMANTLING. Stripping, disassembling or taking apart any building, structure, automobile, furniture or equipment.
ENCROACHES. Advancement beyond property boundaries.
ENFORCEMENT OFFICIAL. The City Manager, the Building Official, the Chief of Police and any employee or agent of the city so designated by them and charged with enforcing the Municipal Code of the city, or applicable state code.
EXCAVATION. A natural cavity, pouch or recess; the action or process of excavating formed by cutting, digging or scooping.
FACADES. The decorated face or front of a building or structure.
FIELD. A wide open space of land.
FIRE HAZARD. Any situation in which there is a greater than normal risk of harm to people or property due to fire.
FIRE MARSHAL. The Fire Marshal of the city.
HEARING OFFICER. The official designated by the City Manager charged with presiding over the abatement hearing and responsible for issuing orders to abate public nuisances and costs.
HARBOR. To provide a place, home or habitat for rodents, vermin or farm animals.
HAZARDOUS. A situation which poses a level of threat to life, health, property or environment.
HAZARDOUS LIQUID. A liquid deemed to cause a hazard, exposing one to unsafe, dangerous conditions by skin or airborne exposure.
HAZARDOUS TREE. Trees in which the branches, trunk or other portion has grown into a position which has, or may have the potential to become hazardous to people, pedestrians or other property.
HOLIDAY LIGHTS AND DECORATIONS. Lights or decorations used to denote a holiday or used in association with a holiday.
HOMEOWNERS' ASSOCIATION. An organization, elected or not, which governs regulations and expenditures of a particular community.
ILLEGAL ACTIVITY. Engaging in activities that are prohibited by law or statute, contrary to, or forbidden by official rules, regulations, accepted rules or this code.
INDIO CONSOLIDATED APPEALS BOARD. The three member board provided for in § 95.01.
INTERESTED PARTY. The owner, legal occupant, or holder of a recorded interest of a property subject to a notice or order to abate.
LAND. The part of the earth that is not covered by water.
LOT. A parcel of land having fixed boundaries.
MERCHANDISE. Commodities offered for sale.
NAUSEATING. Causing nausea, disgust, revulsion or loathing.
NEGLECTED. To disregard, pay inadequate attention to, fail to care for, or to fail to attend to any building, structure, equipment, vehicles, vegetation, and the like.
NONAPPROVED MATERIAL. A material utilized, but which is not approved by the city.
NOTICE TO ABATE. Notice provided by the city that a nuisance exists on a property and instructions to abate. Such notice is issued by an Enforcement Official upon determining the existence of a nuisance.
ORDER TO ABATE. The order of the city to abate a nuisance.
OVERGROWN. Vegetation that has grown abnormally or excessively large.
OWNER. The owner of record of property.
PARKWAY. That portion of the street right-of-way which is available for landscaping, and not for curb, gutter or pavement.
PATCH PAINTED. Any building or structure that is painted in a fashion that gives the reasonable appearance of being incomplete or mismatched.
POLICE CHIEF. The Chief of the Police Department.
PREMISES. Any real property or improvements thereon.
PROPERTY. Also known as real property, land, lots, parcels or real estate, is the land or any permanent feature or structure above or below the surface.
PUBLIC RIGHT-OF-WAY. Any place or location on which the public has a right to travel, including, but not limited to, a street, road, sidewalk or footpath.
PUBLIC VIEW. Anything which can be seen by a person from the public right-of-way, or from public property, or on areas of private property open to access by the public or by consent of the person in possession of the property or by consent of an agent of that person.
RECIPIENT. Any person, not necessarily the owner of the premises, who receives a notice or order to abate pursuant to this chapter.
REFUSE. Unused or discarded matter/material having no substantial market value, including, but not limited to, rubbish, refuse, debris, sludge, rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, wood, crates, cartons, paper, containers, cans, bottles or barrels containing refuse or other matter, and plant or tree trimmings.
STRUCTURES. Building or structures not designed for human occupancy.
TARPAULIN. A piece of cloth or other material used for protecting or covering exposed objects or areas.
TERRAIN. An area of land or the particular features of it.
TOPPED. Trees that have been cut leaving only the tree trunk or stump, or any other severe type of pruning which usually produces less desirable results than a more moderate pruning with respect to the tree's natural form and which is generally hazardous to the overall health and stability of the tree.
VERMIN. Any one of various common types of small insects or animals which cause harm and annoyance.
(Ord. 1529, passed 3-5-08)