Biggs Municipal Code Art. I General Provisions

The purposes of this chapter are to provide a just, equitable and practicable method for preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide city staff with precise enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost efficient manner.

(Ord. 359 § 1, 2005)

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this chapter.

"Abandoned"

applied to a building means a building that is unoccupied and is in such a state of neglect that a reasonable person would believe that the building has not been used for its intended, lawful purpose and/or has not been lawfully occupied for an extended period of time.

"Abandoned"

applied to real property means real property that is vacant and undeveloped, and/or real property that has not been lawfully developed and/or improved and which is more than two years delinquent in payment of the assessed real property taxes owing upon such property.

"Abatement"

means the removal of a certain condition or conditions which endanger the life, limb, health, property, safety or welfare of the general public.

"Administrative appeals officer"

means the individual who shall conduct administrative appeal hearings and render decisions pursuant to the administrative appeal procedures set forth in this chapter.

"Administrative citation"

means a formal notice that is issued by a code enforcement officer or other authorized enforcement agent to a person who has committed an infraction or misdemeanor violation.

"Code enforcement officers"

means those individuals employed and designated by the city to conduct inspections and to take such actions as may be required by the provisions of this chapter for the purpose of enforcing certain prescribed provisions of the municipal code and all applicable statutes, rules, codes and regulations.

"Issuing officer or authorized agent"

means the code enforcement officer or other authorized agent of the city who issued a citation or notice pursuant to this chapter.

"Notice of violation"

means an informal notice informing a party about the existence of a certain condition or situation which constitutes an infraction or misdemeanor violation of the municipal code, a public nuisance, or a violation of any applicable statute, rule, code or regulation.

"Owner"

means any person having a legal or equitable interest in property. "Owner" applied to a building or land shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.

"Plain view"

means an unintrusive observation by or a sound heard by an individual's own natural senses from a location upon which the observing or listening individual is legally justified to be present.

"Property owner"

means an owner of record of a parcel of land identified on the last equalized assessment roll of the county or as otherwise known to a code enforcement officer or other authorized enforcement agent.

"Public right-of-way"

means any area or parcel of property granted, deeded, dedicated to, or otherwise acquired by the city or the public at large for any public purpose including, but not limited to, alleys, roadways, parkways, pedestrian ways, sidewalks and public streets.

(Ord. 359 § 1, 2005)

Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

(Ord. 359 § 1, 2005)

Nothing in this chapter is intended to prohibit or preclude the city from seeking and recovering any costs pursuant to Code of Civil Procedure Sections 1032 through 1033.5.

(Ord. 359 § 1, 2005)

The amount of any fine or fee imposed by this chapter shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fine or fee, with any penalties applicable thereto as prescribed by this chapter or other enactment. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this chapter or as otherwise provided by law.

(Ord. 359 § 1, 2005)

The code enforcement officers shall have concurrent enforcement authority with the police chief regarding any violation of the municipal code resulting in a misdemeanor, an infraction or a public nuisance, unless otherwise provided by this chapter, the municipal code, applicable statutes, rules, codes and regulations, resolution of the city council, or written agreement by and between the code enforcement chief and the police chief. Nothing in this chapter shall be construed or interpreted as providing the code enforcement officers with the authority to enforce any provision of the California Penal Code, the California Vehicle Code or any other statute that is specifically required to be enforced solely by the city's local law enforcement agency under the authority of the police chief.

The code enforcement officers shall have concurrent enforcement authority with the city's animal control division regarding any violation of the municipal code pertaining to animals unless otherwise provided in the municipal code, any applicable statute, rule, code or regulation, resolution of the city council, or written agreement by and between any independent contractor who may be employed to provide such animal control services to the city or any of its departments or divisions.

The code enforcement officers shall have concurrent enforcement authority with any other city official regarding any violation of the municipal code, and/or any applicable statute, rule, code, or regulation relating to overgrown weeds or the accumulation of rubbish, refuse or dirt.

(Ord. 359 § 1, 2005)

The city planner shall have concurrent enforcement authority with any other city employees regarding violations of the city's zoning ordinance and regulations as adopted pursuant to the municipal code unless such concurrent authority is prohibited by any other applicable statutes, codes, rules and/or regulations.

(Ord. 359 § 1, 2005)