Coachella Municipal Code Ch. 3.04 General Provisions and Definitions

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.

(Prior code § 14½-1)

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

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

"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.

"Administrative hearing 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 in lieu of issuing a criminal field citation or filing a criminal complaint.

"Assessment" means the special assessment which may be assessed against a parcel of land as authorized by Government Code Section 38773.5 to recover the city's cost of abatement of a public nuisance.

"Building official" means the individual designated by the city manager as the person authorized to serve as the city's building official for the purposes of administering various uniform codes, including the building, administrative, plumbing, mechanical, electrical, abatement of dangerous buildings, sign and swimming pool codes.

"Building permit" means the permit granted by a ministerial process which permits the construction or modification of a building or structure in accordance with the municipal code and applicable statutes, codes, rules and regulations.

"Certificate of occupancy" means the certificate required by the Uniform Building Code and administered by the building official or his or her designee as may be authorized by law indicating that work has been completed in compliance with building and zoning codes.

"Code enforcement chief" means the individual designated by the city manager to cause 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.

"Code enforcement officers" means those individuals employed by the city and/or designated by the code enforcement chief or his or her designee 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.

"Conditional use permit" means the permit granted by a ministerial process wherein a specific use is approved subject to specific conditions in accordance with the municipal code and applicable statutes, codes, rules and regulations.

"Declaration" means the formal document written by an individual under penalty of perjury describing the individual's observations, actions, and/or investigation.

"Field citation" means a document that is issued by a code enforcement officer or other authorized enforcement agent to a person who has been arrested for committing an infraction or misdemeanor violation, which may be signed by the violator as a promise to appear at court at a designated date and time, which, together with sufficient evidence of the violator's identity, shall permit the violator to avoid being taken into custody.

"Issuing division" or "department" means the division or department of the city who issued a citation and/or notice pursuant to its authority set forth in this chapter.

"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.

"Legal interest" means possessing a legal or equitable interest in real property, including but not limited to a leasehold interest.

"Lien" means the legal document generally recorded against real property to secure the payment of a debt.

"Municipal code" means the municipal code of the city and all applicable statutes, rules, codes and regulations adopted and incorporated therein by reference through a duly adopted ordinance or resolution of the city council.

"Notice of public nuisance" means a formal notice informing an owner or user of real property about the existence of certain conditions which constitute a public nuisance.

"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.

"Planning commission" means the planning commission of the city.

"Permit" means a document issued by the city which allows a use, activity, event, or structure in accordance with the municipal code and applicable statutes, codes, rules and regulations.

"Person" includes any person, firm, association, organization, partnership, business trust, company or corporation.

"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.

"Remedies" means the enforcement options available to the city to gain compliance with a law or regulation.

"Secured" as applied to a building, means that reasonable actions have been taken to prohibit unlawful entry into the building, including, at a minimum, locked windows and doors.

"Statute" means any law or regulation enacted by the California State Legislature.

"Stop work order" means the order issued by the building official or authorized agent as authorized by the Uniform Building Code requiring that construction cease due to apparent code violations.

"Tenant" or "occupant" applied to a building or land, includes any person who lawfully occupies the whole or part of such building or land, whether alone or with others.

"Unoccupied" applied to a building, dwelling or structure means a building, dwelling or structure that is not occupied or otherwise utilized by any person with a legal right to hold possession or to exercise dominion or control over such building, dwelling or structure such that a reasonable person would believe that such building, dwelling or structure has not been lawfully occupied or utilized for an extended period of time.

B. Uniform Building Code Definitions. The words and phrases when used in this chapter in relation to the Uniform Building Code shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Building Code.

C. Uniform Administrative Code Definitions. The words and phrases when used in this chapter in relation to the Uniform Administrative Code shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Administrative Code.

D. Uniform Plumbing Code Definitions. The words and phrases when used in this chapter in relation to the Uniform Plumbing Code shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Plumbing Code.

E. Uniform Mechanical Code Definitions. The words and phrases when used in this chapter in relation to the Uniform Mechanical Code shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Mechanical Code.

F. National Electrical Code Definitions. The words and phrases when used in this chapter in relation to the National Electrical Code shall, for the purposes of this chapter, have the meanings ascribed to them in the National Electrical Code.

G. Uniform Code for the Abatement of Dangerous Buildings Definitions. The words and phrases when used in this chapter in relation to the Uniform Code for the Abatement of Dangerous Buildings shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Code for the Abatement of Dangerous Buildings.

H. Uniform Sign Code Definitions. The words and phrases when used in this chapter in relation to the Uniform Sign Code shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Sign Code.

I. Uniform Fire Code Definitions. The words and phrases when used in this chapter in relation to the Uniform Fire Code shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Fire Code.

J. California Fire Code Definitions. The words and phrases when used in this chapter in relation to the California Fire Code shall, for the purposes of this chapter, have the meanings ascribed to them in the California Fire Code.

K. Uniform Swimming Pool Code Definitions. The words and phrases when used in this chapter in relation to the Uniform Swimming Pool Code shall, for the purposes of this chapter, have the meanings ascribed to them in the Uniform Swimming Pool Code.

L. Non-Defined Terms. Where terms are not specifically defined in this chapter, in this code, in any applicable statute, rule, code or regulation, or in any of the Uniform Codes adopted and incorporated by reference by this code, they shall have the meanings set forth their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted city policy or regulation.

M. Plural. Words used in the singular include the plural and the plural the singular.

N. Feminine and Masculine. Words used in the masculine gender include the feminine and the feminine the masculine.

(Prior code § 14½-26)

Whenever a reference is made to any part of the municipal code or to any ordinance of the city, reference applies to all amendments and additions now or hereafter made.

(Prior code § 14½-27)

Whenever a power is granted to, or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this chapter or the municipal code expressly provides otherwise.

(Prior code § 14½-28)

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.

(Prior code § 14½-29)

The time in which any act provided by this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a holiday which is also excluded. If the last day for the performance of any act set forth in this chapter is a holiday, then the time in which to perform the act is extended to and including the next day which is not a holiday. If the last day for the performance of any act provided by this chapter is Saturday or Sunday, then the time in which to perform the act is extended to and including the next Monday.

(Prior code § 14½-30)