For the purpose of this Chapter the following words and phrases shall have the meanings given herein:
a) "Abandoned vehicle" means a physically inoperable vehicle.
b) "Abatement" means the demolition, removal, repair, 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.
c) "Administrative Hearing Officer" or "Hearing Officer" shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the appeal under this Chapter.
d) "Agricultural groves" means any grove of ten or more trees on a parcel or lot.
e) "Attractive nuisance" means any condition, instrumentality, or machine which is unsafe and unprotected and thereby dangerous to young 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. Swimming pools being used as fish ponds or other uses contrary to permitted swimming or other pool uses, subject to state or local regulations requiring, without limitation, that drains be visible from the water' s surface and that the water be filtered;
3. Hazardous and/ or unmaintained pools, ponds, culverts, excavations; and
4. Neglected machinery.
f) "Building" means any structure including, but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobile home, 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.
g) "Construction material" means any discarded material from the building or destruction of structures, road and bridges including concrete, rocks, asphalt, plasterboard, wood and other related material.
h) "Code Enforcement Director" shall mean the Chief of Police for the City of San Bernardino, or his or her designee.
i) "Excavation" means any wells, shafts, basements, cesspools, septic tanks, fish ponds, and other like or similar conditions more than six inches in diameter and three feet in depth.
j) "Foul" means very offensive to the senses.
k) "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.
l) "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. 261. 1 through 261. 33, except that for purposes of this Chapter, hazardous waste also shall include household waste as defined in 40 C.F.R. 261.4( B)( 1).
m) "Inoperable vehicle" means mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to Vehicle Code Sections 4000, 5202, 24002, 40001, concerning license plates, registration, equipment, safety and related matters.
n) "Noxious" means hurtful or unwholesome.
o) "Odor" means any smell, scent, or fragrance.
p) "Owner" means any person, agent, firm or corporation having legal or equitable interest in the property.
q) "Premises" means any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas.
r) "Property" means any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.
s) "Refuse" means any putrescible and non-putrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.
t) "Stagnant water": Water which is allowed to become stagnant contained in ditches, pools, ponds, steams excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water.
u) "Unmerchantable" means unsalable.
v) "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.
w) "Violator" means any responsible party, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property.
x) "Waste matter" means any rubbish or construction material.
y) "Weeds" means useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.
(Ord. MC-1521, 9-18-19; Ord. MC-1418, 10-05-15)