For the purpose of this chapter the following words and phrases shall have the meaning given in this chapter:
"Abandoned vehicle" means any vehicle which has been left on private property or public property in such inoperable or neglected condition that the owner's intention to relinquish all further rights or interests in it may be reasonably concluded; except, if such vehicle is stored as provided in Section 8.20.030(P)(5)(d) of this chapter.
"Abatement" means the demolition, removal, repair, rehabilitation, maintenance, construction, reconstruction, replacement, or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding, or attracting rodents or insects or producing odors or blight.
"Attractive nuisance" means any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in, or on it. Attractive nuisances may include, but shall not be limited to: (1) abandoned and/or broken equipment; (2) hazardous pools, ponds, culverts, excavations; (3) neglected machinery; and, (4) dangerous structures.
“Building” means any structure including, but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobilehome, or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial, or other establishment, warehouse, kiosk, or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity.
“Code enforcement officer” means the code enforcement officer for the city.
“Construction debris” means any discarded material from the building or destruction of structures, roads and bridges including concrete, rocks, asphalt, plasterboard, wood and other related material.
"Costs":
1. "Abatement costs" means 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 this 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 the actual abatement of the nuisance, including lawful disposal of abandoned personal property, trash, and debris. Abatement costs include staff costs, including costs of worker's compensation benefits, fringe benefits, administrative overhead 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.
2. "Enforcement costs" means all actual and reasonable costs incurred by the city to respond to and enforce compliance with this 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 this code or federal, state, or county law, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of this 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. Enforcement costs also include those incurred in seeking cost recovery.
“Excavation” means any wells, shafts, basements, cesspools, septic tanks, fish ponds, and other like or similar conditions more than six inches in diameter and eighteen (18) inches in depth.
"Foul" means very offensive to the senses.
"Garbage" means any putrescible animal, fish, fowl, food, fruit, or vegetable matter resulting from the cultivation, preparation, storage, handling, decay or consumption of the substance.
"Hazardous materials and waste" means any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the state of California as a "hazardous waste" as defined in 40 C.F.R. Section 261.33, except that for the purposes of this chapter, hazardous waste also shall include household waste as defined in 40 C.F.R.
"Hearing officer" means the individual appointed by the city manager of the city to hear the appeal on a determination of the existence of a nuisance.
"Improved surface" means any surface that resists the growth of weeds or vegetation.
"Junk" shall mean any discarded, scrapped, unusable, or wrecked object, thing, or material including but not limited to broken and discarded household furnishings, appliances, boxes, cartons, lawn maintenance equipment, broken play equipment and/or toys, and similar materials.
"Noxious" means hurtful or unwholesome.
"Odor" means any smell, scent, or fragrance.
"Owner" means any person, agent, firm or corporation having legal or equitable interest in the property.
"Person" means an individual, partnership, corporation, association or organization, or agent of any of the foregoing.
"Premises" means any lot or parcel of land upon which a building is situated, including any portion
"Property" means any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.
"Public Nuisance" means one which affects at the same time an entire community, neighborhood, any considerable number of persons, or an individual although the extent of the annoyance or damage inflicted upon individuals may be unequal.
"Public View" means within normal visual range by a person within the public right-of-way such as a public street or public sidewalk.
“Refuse” means any putrescible and nonputrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.
“Responsible party” shall have the same meaning as set forth in Section 1.04.010.
"Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
"Unmerchantable" means unsalable.
"Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a highway, or upon water, excepting a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.
“Violator” means any responsible party.
“Waste matter” means any rubbish or construction material.
“Weeds” means useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.
(Ord. 608-24 §§ 4 and 5, 2024; Ord. 551 § 3, 2019; Ord. 105 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.04.020)