Elk Grove Municipal Code Art. II Definitions

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 section:

A. “A” Definitions.

“Abandoned,”

applied to any building, dwelling, or other structure 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 (2) years delinquent in payment of the assessed real property taxes owing upon such property.

“Abandoned,”

applied to a vehicle, means the status of a vehicle or part thereof when the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

“Abatement”

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

“Administrative appeals decision”

means a written decision rendered by an Appeals Hearing Officer following an administrative appeal hearing conducted pursuant to EGMC Chapter 1.11.

“Administrative Appeals Officer” or “Appeals Hearing Officer”

means the individual who shall conduct administrative appeals hearings and render decisions pursuant to the administrative appeal procedures set forth in EGMC Chapter 1.11.

“Administrative citation”

means a formal notice that is issued by a Code Enforcement Officer, Police Officer, or other authorized enforcement officer 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 Section 38773.5 of the Government Code to recover the City’s cost of abatement of a public nuisance.

B. “B” Definitions.

“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, but not limited to, the building, administrative, plumbing, mechanical, electrical, abatement of dangerous buildings, sign and swimming pool, spa and hot tub 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 Elk Grove Municipal Code and applicable statutes, codes, rules and regulations.

C. “C” Definitions.

“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.

“City Manager”

means the City Manager or his or her designee.

“Code Enforcement Manager”

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 Elk Grove Municipal Code, and all applicable statutes, rules, codes and regulations.

“Code Enforcement Officer”

means those individuals employed by the City and/or designated by the Code Enforcement Manager 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 Elk Grove Municipal Code and all applicable statutes, rules, codes and regulations.

“Costs” or “expenses”

to abate the nuisance shall include the actual cost of abatement plus all administrative expenses, including direct and indirect personnel costs; costs incurred in documenting the nuisance; the actual expenses and costs of the City in the preparation and dissemination of notices, specifications, and contracts and in inspecting the work; the costs of printing and mailing the required notices; and the costs of imposing a lien, if a lien becomes necessary.

D. “D” Definitions.

“Declaration”

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

E. “E” Definitions.

“Enforcement Officer”

shall mean any City employee or agent of the City with the authority to enforce a provision of this Code.

F. “F” Definitions.

“Field citation”

means a document that is issued by a Police Officer or other authorized enforcement officer 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 in 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.

G. “G” Definitions.

“Garbage”

means as defined in EGMC Section 30.10.010.

H. Reserved for future use.

I. Reserved for future use.

J. “J” Definitions.

“Junk”

means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels.

K. Reserved for future use.

L. “L” Definitions.

“Legal or equitable 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.

“Lien holder”

means possessing a legal or equitable interest in a vehicle owned by a person registered with the State Department of Motor Vehicles as the owner of the vehicle.

“Litter”

means an accumulation of garbage, rubbish and junk and all other waste material dangerous, injurious, blighted, or unsightly to neighboring property or to the health and safety of the general public.

M. Reserved for future use.

N. “N” Definitions.

“Notice and order”

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

O. “O” Definitions.

“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, or joint tenant, of the whole or a part of such building or land. “Owner,” applied to a vehicle, means the person registered with the State Department of Motor Vehicles as the owner of the vehicle.

P. “P” Definitions.

“Permit”

means a document issued by the City which allows a use, activity, event, or structure in accordance with the Elk Grove Municipal Code and applicable statutes, codes, rules and regulations.

“Planning Commission”

means the Planning Commission of the City of Elk Grove.

“Polluted water”

means that which includes and is not limited to such things as bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition.

“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.

Q. Reserved for future use.

R. “R” Definitions.

“Refuse”

means as defined in EGMC Section 30.10.010.

“Remedies”

means the enforcement options available to the City to gain compliance with a law or regulation.

“Responsible person”

means the owner of record of the subject real property and/or vehicle(s) and any occupant, lessee, or interested lien holder in same.

S. “S” Definitions.

“Secured,”

as applied to a building, means that reasonable actions have been taken to prohibit unlawful entry into the building, including, at a minimum, the locking of 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.

T. “T” Definitions.

“Temporary use permit”

means as defined and applied in EGMC Section 23.16.050.

“Tenant” or “occupant,”

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

U. “U” Definitions.

“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.

V. “V” Definitions.

“Vacant building” or “vacant structure”

means any building, dwelling, or other structure: 1) that is lacking habitual presence of persons who have a legal right to be on the premises or at which sub-stantially all lawful business operations or residential occupancy has ceased; and 2) whose doors, windows or other openings are broken or missing, so as to allow uncontrolled access to the interior or exposure to the elements.

W. Reserved for future use.

X. Reserved for future use.

Y. Reserved for future use.

Z. Reserved for future use.

(Ord. 35-2006 § 3, eff. 9-8-2006; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 5, eff. 3-25-2011; Ord. 28-2013 § 4, eff. 2-7-2014; Ord. 31-2017 § 4 (Exh. B), eff. 2-9-2018)