As used in this Chapter, unless the context otherwise requires, the words and terms defined herein have the meanings ascribed to them as follows:
(a) "Administrative Citation" is a document that cites a responsible party for a violation and imposes fines and fees arising from the violation.
(b) "Administrative Hearing" is an informal legal proceeding before an impartial Hearing Officer held in accordance with this Chapter.
(c) "Abatement Costs" means and includes all costs, expenses, fines, and fees, such as administrative expenses, administrative fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation costs, enforcement costs, abatement costs, litigation fees, litigation costs, hearing costs, attorneys' fees and costs, and all other costs and expenses related to, arising out of, or incurred by the County relating to any nuisance enforcement or abatement action to the fullest extent permitted by law.
(d) "Continuing Violation" means a violation of this Code that persists for more than 24 hours.
(e) "Courtesy Notice" is an informal notice that may be used to notify the responsible parties of the violation and to order that the violation be corrected.
(f) "Decision" means the decision of a Hearing Officer at the conclusion of an administrative hearing held in accordance with this Chapter.
(g) "Director" means the Director, Department Head, or designee with overall responsibility for the general subject matter of the County Code Sections at issue with respect to a particular violation.
(h) "Enforcement Agency" means and includes any agency, department, or unit authorized to enforce any provision of the County Code or State Law.
(i) "Enforcement Official" means any County officer or employee with the authority to investigate and enforce a violation, and includes Code Enforcement Officer, County Health Officer, County Administrator, County Counsel, Director of the Community Services Department, Director of Environmental Health, Chief Building Official, Cannabis Policy and Enforcement Manager, or their authorized designees.
(j) "Grace Period" means the reasonable timeframe provided to a responsible party to correct a violation of this Code in accordance with this Chapter.
(k) "Grace Period Exception" means a code violation that is any of the following:
(1) Not a continuing violation.
(2) An immediate danger.
(3) The result of, or used to facilitate, the illegal cultivation of cannabis. This grace period exception shall not apply to the nuisance property owner if all the following are true at the time of the cannabis cultivation violation:
i. The nuisance property was a rental property.
ii. A tenant was in possession of the nuisance property.
iii. The rental agreement for the nuisance property prohibited cannabis cultivation.
iv. The nuisance property owner, nor an agent of the owner, is not a responsible party.
v. The nuisance property owner did not know, and could not have reasonably known, that the tenant was illegally cultivating cannabis on the nuisance property. The nuisance property owner will be presumed to be aware of the illegal cannabis cultivation activity if the nuisance property owner was previously notified about the unlawful activity.
(l) "Hearing Costs" means and includes all costs, expenses, Hearing Officer fees, and attorneys' fees related to any administrative hearing held pursuant to this Chapter.
(m) "Hearing Officer" means any person appointed to conduct any hearing or proceeding under the provisions of this Chapter, unless otherwise specified, including, without limitation, the administration of oaths, the issuance of subpoenas, the receipt of evidence, and the entry of findings of fact and law.
(n) "Immediate Danger" means that the cited condition poses a reasonable risk of causing immediate harm or damage to the health or safety of a person or property or damage to the environment.
(o) "Interested Party" means any person or entity whose rights will be affected by a nuisance abatement action.
(p) "Invoice" means the invoice identifying the abatement costs that the County is entitled to recover related to a nuisance abatement action.
(q) "Junk" includes, but is not limited to: trash; refuse; paper; glass; cans; bottles; rags; ashes; yard waste; other salvageable materials; litter; inoperable appliances, parts, and tools; inoperable and unregistered vehicles, vehicle parts, and vehicle hulks; discarded furniture; dirt, rocks, and materials from the demolition, alteration, or construction of buildings or structures, unless such dirt, rocks, or other materials from demolition, alteration, or construction are being used for purposes of fill; and any such similar items.
(r) "Nuisance Property" means the parcel of real property containing violations or nuisance conditions that are the subject of a Code enforcement or nuisance abatement action.
(s) "Person" means any natural person, business, organization, corporation, or other legal entity.
(t) "Public Nuisance" consists of one or more of the following (enumeration of such nuisances in this Chapter shall not be deemed exclusive):
(1) Anything injurious or likely to become injurious to health or safety, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including a condition of visual blight.
(2) Unlawfully obstructing the free passage or use, in the customary manner, of any public park, square, street, or highway.
(3) Any violation of this Code, including any code adopted by reference (California Building Standards Code, California Building Code, California Residential Code, California Electrical Code, California Fire Code, California Housing Code, California Plumbing Code, California Mechanical Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Code), or any other applicable law.
(4) A swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or otherwise un-maintained, wherein the water becomes polluted by bacterial growth, algae, remains or nesting sites of insects or deceased animals or reptiles, rubbish, refuse, debris, or other foreign matter, thereby creating an unhealthy, unsafe, or unsightly condition.
(5) Any accumulation of junk, debris, or inoperable vehicle(s) on any parcel of land.
(6) Any occupancy of any land or structure in a manner other than that for which it was approved.
(u) "Requesting Party" means any interested party who properly requests an administrative hearing as required by this Chapter.
(v) "Responsible Party" means and includes any of the following:
(1) Any person or entity that causes, maintains, permits, or allows a violation of this Code.
(2) Any person or entity that owns, possesses, or controls any parcel of real property in the County upon which a violation of this Code 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 Code 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 Code.
(w) "Violation" includes, but is not limited to, any public nuisance and all violations of this Code, any codes adopted by reference by the County, and non- compliance with any condition imposed by any entitlement, permit, agreement, or environmental document issued or approved under the provisions of this Code.
(§ 2, Ord. 1526, eff. October 29, 2020)