For the purpose of this chapter, the following words and phrases shall have the meaning given in this chapter.
ABANDONED VEHICLE. 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 the vehicle is stored as provided in § 7.29.030(B) of the city code. A vehicle shall not be considered abandoned if it is on property owned or occupied by the owner of the vehicle.
ABATEMENT. 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.
ACCESSORY VEHICLE. Means and includes recreational vehicles, travel trailers, campers, motor homes, caravans, tent trailers, pop-up trailers, boats, watercraft, and/or utility, vehicle, or dump trailers.
ATTRACTIVE NUISANCE. 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. 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.
CITY. The City of Tulare.
CODE ENFORCEMENT OFFICER. The Code Enforcement Officer for the City of Tulare.
CONSTRUCTION DEBRIS. Any material discarded as a result of the building or destruction of structures, roads and bridges and includes concrete, rocks, asphalt, plasterboard, wood, and other related material.
DISMANTLED VEHICLE. Any vehicle that is partially or wholly disassembled.
EXCAVATION. Any wells, shafts, basements, cesspools, septic tanks, fishponds and other like or similar conditions more than six inches in diameter and 18 inches in depth.
FOUL. Very annoying to the senses of reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of the public or of any person using or occupying other property in the vicinity.
GARBAGE. Any putrescible animal, fish, fowl, food, fruit, or vegetable matter resulting from the cultivation, preparation, storage, handling, decay, or consumption of the substance.
GOOD REPAIR. The reconstruction or renewal of any part of an existing building or property for the purpose of its maintenance, so as to not become a hazard to the public in general and conform with the adjoining properties.
HAZARDOUS MATERIALS AND WASTE. Any chemical, compound, mixture, substance, or article which is identified or listed by the United States Environmental Protection Agency or an appropriate
agency of the State of California as a "hazardous waste", as defined in 40 C.F.R. § 261.33, except that for the purposes of this chapter, hazardous waste also shall include household waste, as defined in 40 C.F.R. § 261.4(B)(1).
HEARING OFFICER. The individual appointed by the City Manager to hear the appeal on a finding that a nuisance exists.
IMPLEMENT OF HUSBANDRY. Any vehicle, tool or equipment used for farming or agricultural use.
IMPROVED SURFACE. Any surface that resists the growth of weeds or vegetation.
INOPERATIVE VEHICLE. Means any motor vehicle designed to be operated on a public roadway that cannot be moved under its own power, or which is not currently registered for operation with the California Department of Motor Vehicles. A Planned Non-Operation, PNO, from the California Department of Motor Vehicles in and of itself is not to be considered a violation.
NOXIOUS. Hurtful or unwholesome.
NUISANCE. Activities or conditions which affect the social and economic stability of neighborhoods, impair property values and which are injurious or detrimental to the health, safety, and general welfare of the citizens of Tulare.
ODOR. Any smell, scent, or fragrance.
OWNER. Any person, agent, firm, or corporation having legal or equitable interest in the property.
PERSON. An individual, partnership, corporation, association or organization, or agent of any of the foregoing.
PREMISES. 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.
PROPERTY. Any lot or parcel of land, including any alley, sidewalk, parkway, or unimproved public easement.
REFUSE. Any putrescible and non-putrescible solid waste, except sewerage, whether combustible or noncombustible and includes garbage and rubbish.
RUBBISH. Non-putrescible 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. Unsalable.
VEHICLE. 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. Any responsible party, including the landowner, or lessee, tenant, or any other person who had possession or custody of the property.
WASTE MATTER. Any rubbish or construction material.
WEEDS. Useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.
WRECKED VEHICLE. A vehicle which has been wrecked, or which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state.
(1995 Code, § 7.28.020) (Ord. 02-1909, passed - -2002; Ord. 2024-02, passed 3-19-2024)