Article 1 — DEFINITIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED BUILDING. Any building or structure or portion that has been vacant in excess of six months. Lack of utility services and/or boarded windows and doors shall constitute prima facie evidence of the abandonment.

GRAFFITI. Includes any unauthorized inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on any real or personal property, as defined in Cal. Gov’t Code § 53069.3.

JUNK YARD. Any building, equipment, land, lot, place, premises, or structure where, at, upon which, to which, or from which is abandoned, baled, bartered, bought, brought, bundled, disassembled, disposed of, exchanged, handled, packed, processed, shipped, sold, stored, or transported any junk, as defined by Cal. Sts. and High. Code § 746, or any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out, or wrecked object, thing, or material composed in whole or in part of asphalt, brick, carbon, cement, cotton, dirt, fiber, glass, metal, paper, plaster, plaster of paris, plastic, rubber, terra cotta, wool, wood, or other substance, including, but not limited to, used, discarded, or obsolete batteries, clothing, debris, equipment, floor coverings, garbage, logs, lumber, rags, rope, rugs, trash, vegetation, vehicles, or waste. JUNK YARD shall not include any business lawfully engaged in the buying or selling of new or used furniture or usable household equipment, or buying and selling used automobiles in operable condition, or the storage or use of used or salvaged materials in connection with manufacturing operation conducted on the premises, provided such businesses are located within a zone permitting such business and conducted in accordance with all applicable regulations.

PERSON. Any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business, entity, trust, or the manager, lessee, agent, servant, officer, trustee, administrator or employee or any of them.

PREMISES. Includes tracts, lots or parcels of land; easements; single-family residences; town homes; condominiums; multiple-family dwelling; apartment; flat; duplex, boarding or lodging home; restaurant, hotel or motel; commercial or industrial establishment of any type; any structure; any parcel of land upon which a building or business is located; or any unimproved parcel of land.

PROPERTY OWNER. Any person having legal or equitable title or interest in real property, including but not limited to any bank, mortgage company, financial institution or similar entity or lien holder that has control and dominion over the property.

VECTOR. Any animal or insect capable of transmitting the causative agent of disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, rodents and other vertebrates.

('66 Code, § 5-1.101) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 931-C-S, passed 9-30-97; Am. Ord. 957-C-S, passed 7-13-99; Am. Ord. 2010-C-S, passed 2-26-08)

(A) It is the intent of the City Council in adopting this chapter to provide a comprehensive method for the identification and abatement of public nuisances within the city to protect the health, welfare and safety of residents and to promote the maintenance of real property to improve the livability, appearance and social and economic conditions of the city. Public nuisances can create visual blight or lead to neighborhood decline, causing detriment to surrounding properties and depreciating the value of those properties. In addition, as to abandoned, unsecured or partially constructed buildings, the City Council finds that such buildings represent threats to public health, safety and welfare because they invite trespassers, represent fire hazards because a fire can begin unobserved, can become harborages for vectors and rodents, can become littered or dumping ground or can encourage criminal activity because the property is unsupervised.

(B) Provisions of this chapter are supplementary and complementary to all other provisions of the Antioch Municipal Code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any nuisance or initiate any action provided for by law.

(Ord. 2010-C-S, passed 2-26-08)

(A) Every property owner is required to maintain such property in a manner so as not to violate the provisions of this chapter and such owner remains strictly liable for violations, such property regardless of any contract or agreement with any third party regarding such property or of the identity or relationship of any party responsible for creating the violation. Every successive property owner who fails to abate a continuing nuisance is liable in the same manner as the property owner who created the nuisance.

(B) Every occupant, lessee, tenant, or holder of any interest in property, other than as owner, is required to maintain such property in the same manner as is required of the owner, and the duty imposed by this section on the owner thereof shall in no instance relieve those persons referenced from the similar duty.

(Ord. 2010-C-S, passed 2-26-08)