The following definitions shall apply to this chapter as written unless context indicates or requires a different meaning.
ABATEMENT. The removal of the condition(s) constituting a nuisance as identified in the notice issued by the enforcing officer.
ABATEMENT COSTS. Any costs or expenses, including county staff time reasonably related to the abatement of a public nuisance under this chapter, and shall include, but shall not be limited to, enforcement, investigation, summaries, reports, notices, telephonic contact, correspondence, mailing expense, title search costs, administrative costs, including the total direct and indirect costs of enforcement established by generally accepted accounting principles that are reasonably and necessarily incurred by the county to investigate, inspect, or cure any violation or monitor the recurrence of any violation that is the subject of a notice issued by the enforcing officer, including, but not limited to, scheduling and participation at hearings, hearing officer costs, expenses incurred by the county, and any other costs associated with the removal, abatement or correction of a violation.
CONTIGUOUS. Any two legal parcels which share a mutual boundary. Notwithstanding the foregoing, legal parcels shall be considered contiguous, even if they are separated by roads, streets, utility easements or railroad rights-of-way.
COUNTY. The County of San Benito.
COUNTY HEARING OFFICER. A person designated by the Board of Supervisors and appointed to the position of Hearing Officer, as established by San Benito County Code Ch. 1.07, and who is independently authorized to conduct administrative hearings and issue recommended decisions pursuant to and as authorized by the San Benito County Code.
ENFORCING OFFICER or CODE ENFORCEMENT OFFICER. The San Benito County Resources Management Agency Director, Building Official, Building Inspector, Cannabis Coordinator, Health Officer, Sheriff, Agricultural Commissioner, Fire Chief, or their authorized deputies or designee(s), and any person employed by the County of San Benito and appointed to the position of CODE ENFORCEMENT OFFICER, as established by San Benito County Res. 90-27 and Ords. 567 and 625, each of whom is independently authorized to enforce this chapter.
LEGAL PARCEL. Any parcel of real property for which one legal title exists that may be separately sold in compliance with the Subdivision Map Act (commencing with Cal. Gov't Code § 66410, Title 7, Div. 2). Where contiguous LEGAL PARCELS are under common ownership or control, such LEGAL PARCELS shall be counted as a single premises for purposes of this chapter.
PREMISES. A single, legal parcel of real property. In addition, where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single PREMISES for purposes of this chapter.
RESPONSIBLE PARTY. An individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act results in a violation. This term specifically means and includes, but is not limited to, any of the following:
(1) Any person or entity that causes, maintains, permits, or allows a violation of this chapter;
(2) Any person or entity that owns, possesses, or controls any parcel of real property in the county upon which a violation of this chapter is maintained;
(3) Any trustee of any trust that holds legal title to any parcel of real property in the county upon which a violation of this chapter is maintained;
(4) Any person or entity that owns, possesses, operates, manages, or controls any business within the county that is responsible for causing or maintaining a violation of this chapter.
(Ord. 960, § 1, 2017; Ord. 1,029, § 2(part), 2021)