For purposes of this code, the following words shall have the following specified meanings:
"Abandoned drive-in enterprise" means any drive-in enterprise which has not been providing goods and services for at least 180 days. The term "abandoned drive-in enterprise" shall not include any enterprise all or a part of which has been lawfully converted to another use permitted by the zoning regulations and for which all necessary permits, licenses and other entitlements have been issued, so long as the premises are occupied and maintained for such use.
"Common area" means the entire common interest development as that term is defined in California Civil Code section 4095, except the separate interests therein, or any area defined as a "common area" within a homeowners association's declaration of covenants, conditions and restrictions.
"Cost of abatement" means the total cost incurred by the city in connection with a public nuisance including, but not limited to:
1. Any cost incurred in removing or remedying a public nuisance;
2. The notice and order, appeal and termination fees for administrative services rendered by the city in connection with the inspection, notification, prosecution and abatement procedures authorized by this code:
a. The notice and order, appeal and termination fees shall be in such amounts as are determined from time to time by resolution of the city council,
b. The notice and order, appeal and termination fees will be calculated based on services rendered by the department from the time of the initial complaint intake for the purpose of documenting a violation of this code until the violation is corrected,
c. The notice and order, appeal and termination fees are not intended to be a penalty imposed for violation of this code or other laws;
3. Any cost incurred by the city in collecting the costs enumerated in subsections 1 and 2 of this definition.
"Drive-in enterprise" means any commercial enterprise such as a service station or drive-in restaurant upon which enclosed buildings occupy less than 25 percent of the lot area and where a primary method of providing goods and services to customers is by means of a drive-through service.
"Homeowners association" means any California corporation, California nonprofit mutual benefit corporation or unincorporated association created for the purposes of controlling, managing, or maintaining the common areas of a common interest development as that term is defined in California Civil Code section 4100.
"Inoperative vehicle" means any motor vehicle which cannot be moved under its own power or cannot be operated lawfully on a public street or highway within this state, due to removal of, damage to, or deterioration of, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other component part necessary for such movement or lawful operation. The term "inoperative vehicle" shall not include a vehicle exhibiting special identification plates issued pursuant to California Vehicle Code section 5004.
"Junk" means any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no substantial market value or requiring reconditioning in order to be used for its original purpose.
"Junk yard" means any premises from on or 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.
"Owner" means owner of record of real property, occupant, lessee, interested holder in same, or homeowners association, as the case may be. For purposes of this chapter, a homeowners association which 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, maintenance, ownership, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.
"Premises" means any real property, 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.
"Property" means premises.
"Service station" means any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines of motor vehicles, whether or not providing related automotive maintenance and repair services. (Ord. 2018-0034 § 1; prior code § 61.03.301)8.04.090