For purposes of this chapter, the following definitions shall apply:
ABATEMENT. Any action the city may take to remove or alleviate a nuisance including, but not limited to, demolition, removal, repair, cleaning, boarding and securing or replacement of property.
ADMINISTRATIVE CITATION. A written notice of violation of a provision of the Red Bluff Municipal Code, which may include the imposition of an administrative fine.
ADMINISTRATIVE ENFORCEMENT ORDER. An order issued by an Administrative Hearing Officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay administrative fines, civil penalties, administrative costs, authorize the city to abate a public nuisance, assess a code enforcement lien or take any other action as authorized or required by this code and applicable state codes.
ASSESSMENT LIEN. A lien recorded with the Tehama County Recorder's Office for the purposes of collecting outstanding administrative citation fines, civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action. It shall also mean the same as a code enforcement lien.
BOARDED BUILDING. A vacant building, some or all of whose doors and windows and other openings have been covered with plywood or other material for the purpose of preventing entry into the building.
CITATION COSTS. All costs incurred by the city from the first discovery of the violations through the appeal process and until compliance is achieved, including but not limited to, staff time in inspecting the property, sending notices, preparing and attending any appeal hearing, and fees paid to a hearing officer.
CITY MANAGER. The city of Red Bluff's City Manager, or duly authorized designee of the City Manager.
COMBUSTIBLE MATERIALS. Materials that are readily ignitable, free-burning, or that will ignite through contact with flames of ordinary temperatures and includes combustible decorative materials, combustible fibers, combustible liquids, and combustible waste material as those terms are defined in the California Fire Code adopted by the city.
COMPLIANCE DATE. The date requested for correction of the violation(s) prior to the imposition of any administrative fines or penalties.
DANGEROUS BUILDING. Any building or structure that has one or more of the conditions or defects described in § 15.20 of this chapter.
ENFORCEMENT OFFICER. Any city officer, employee, or agent of the city designated by the municipal code or the City Manager to enforce particular provisions of the municipal code or any code adopted by the city, and includes the city's Health Officer, Fire Chief, Building Official, Director of Development Services, enforcement officer, and their respective designees.
HABITABLE. That a building, premises or property is suitable for occupancy per the standards set forth in the codes referenced in this chapter and/or those codes utilized by the city in the normal course of government operations.
HEARING OFFICER. An individual that meets or exceeds minimum qualification criteria established by the City Manager for training and experience in the subject matters of this chapter. Hearing officers assigned to conduct hearings under this chapter shall be selected by the City Manager in a manner that does not create an appearance that the hearing officer could be rewarded with future remunerative employment for decisions favorable to the city.
IMMEDIATELY DANGEROUS BUILDING. Any building or structure that has been so damaged by fire, infestation, seismic disturbance, or by any other cause, including neglect, to the extent that its structural integrity is irreparably damaged or destroyed and is in imminent danger of collapsing or where the condition of the structure poses an immediate and present threat to life, health or safety of the public.
IMMEDIATELY DANGEROUS CONDITION. A condition on any property that, in the opinion of the enforcement officer, is of such a nature as to be imminently dangerous to the health, safety or welfare of the public, and that would subject any person to potential harm of a serious nature unless abated without delay.
IMMINENT HEALTH AND SAFETY HAZARD. Any condition which creates a present and immediate danger to life, property, health or public safety.
JUNK. Any cast-off, damaged, discarded, junked, salvaged, scrapped, worn-out or wrecked object, thing or material including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, cardboard, plastic or other synthetic substance, fiber, glass, plaster, plaster of pans, rubber, terra cotta, wool, cotton cloth, canvas, wood, metal, sand, organic matter (excluding compost not in public view) or other substance.
JUNK YARD. A junkyard as that term is defined in Title 18 or any property on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored or transported, regardless of whether or not such activity is done for profit.
NEGLECTED VACANT BUILDING. A building which is vacant and is not maintained in accordance with the provisions of this chapter.
OWNER. The owner of record of real property, occupant, lessee, sublessee, interested holder in real property, or homeowners association, as the case may be. For purposes of this chapter, a homeowners association that exercises management and/or control over a common area shall be deemed an owner of the area over which such control is exercised. Exercising control includes but is not limited to ownership, maintenance, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.
PERSON or PERSONS. Any individual, partnership, corporation, joint venture, receiver, limited liability company, trust, estate, cooperative, association, or any other entity.
PROPERTY. Any real property and/or improvements thereon, as the case may be, including but not limited to, an area designated as a common area within a condominium or similar project.
PUBLIC NUISANCE. Any property, building, or structure that has one or more of the conditions or defects described in § 15.20 of this chapter.
RESPONSIBLE PARTY. Any person in possession or control of the premises or location where the municipal code violation exists as well as any person responsible for causing or maintaining the violation, and includes, but is not limited to, any of the following:
(1) The person who owns the property where the violations exist;
(2) The person in possession or control of the premises where the violation exists;
(3) The person using the premises when the violation exists;
(4) If any such person is a minor, the parent or guardians of such minor shall be the responsible party;
(5) If the person is a corporation or limited liability company, any senior officer of that corporation or limited liability company shall be a responsible party;
(6) If the person is a partnership, joint venture, cooperative, or association, any partner or member of the joint venture, cooperative, or association shall be a responsible party;
(7) If the person is a trust, any trustee shall be a responsible party;
(8) If the person is an estate, the administrator of the estate shall be a responsible party; or
(9) If the person is a business entity, the manager or on-site supervisor where the violation exists shall be a responsible party.
RUBBISH. Means and includes all waste, refuse and rejected matter, whether animal, vegetable or mineral, manufactured or natural, including but not limited to; cast away furniture, packing materials, construction waste, dry manure, debris, tree or shrub trimmings, or other matter that could constitute or increase a fire hazard.
SUBSTANDARD BUILDING. Any building or structure that has one or more of the conditions or defects described in § 15.20 of this chapter.
VACANT BUILDING. Any building or structure, or unit in a building or structure, which is unoccupied. The definition includes without limitation, buildings or structures of any nature intended for human habitation or occupation and includes manufactured housing or mobile homes. A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes of this chapter if construction or alteration of the building, structure or unit is in progress pursuant to a valid, unexpired building permit.
VISUAL BLIGHT. Any unreasonable, non-permitted or unlawful condition or use of real property, premises or of a building's exterior which by reason of its appearance as viewed from the public right-of-way, is detrimental to the surrounding area and the property of others, or is detrimental to the health, safety and welfare of individuals residing within the community as described in § 15.1(A), (B) and (C).
WEEDS. Means and includes plants that bear seeds of a downy or winged nature; sagebrush, chaparral, manzanita, berry bushes, bamboo, and any other brush that can become a fire hazard to the property or adjacent property; poison oak; and dry grass, grass or weed stubble, dry or dead brush or shrubs.
(Ord. 1074, passed 7-18-2023)