§ 134.03 DEFINITIONS. — Eureka Zoning Code

For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:

ABATE means to repair, replace, remove, destroy, or otherwise remedy a condition, which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the applicable city department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community.

CONTROL means the ability to regulate, manage, restrain, dominate, counteract or govern property, or conduct that occurs on a property.

CHRONIC NUISANCE PROPERTY means property on which nuisance activities exceeding the threshold amount occur or exist during any 12-month period.

DRUG-RELATED ACTIVITY means any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined by state law.

NUISANCE ACTIVITY means the occurrence of any of the following classifications of activities, behaviors, or conduct

whenever engaged in by a responsible person on or at property owned, occupied or controlled by that person:

(1) Class I. (1 Point)
(a) Disturbing the peace in violation of Cal. Penal Code § 415.
(b) Making, causing or suffering any unnecessary noises or sounds in violation of EMC § 94.02.
(c) The occurrence or attempted occurrence of any gang-related crime.
(d) Arrests for outstanding warrants.
(2) Class II. (2 Points)
(a) Arrests for possession of stolen property.
(b) Any form of assault or battery, as defined in Cal. Penal Code §§ 240 and 242, respectively.
(c) Unlawfully discharging a firearm, whether a handgun, long gun, and/or shotgun, within the city.
(d) Parties or gatherings at which alcohol or controlled substances are illegally consumed or used by minors.
(e) The occurrence or attempted occurrence of any other criminal activity that threatens the life, health, safety, or welfare of residents of the property, the neighborhood, or the public as determined by the Chief.
(f) Anything that is injurious to health, or is indecent, or offensive to the senses, or is an obstruction to the free use of

property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, as provided in Cal. Penal Code §§ 370 and 371.

(g) Any public nuisance as specified in EMC § 150.163:

If multiple nuisance violations are present, all such violations shall collectively be considered a single nuisance activity at the time of discovery.
If after proper notice the responsible party does not fully correct the violations, the continued presence of violations shall collectively count as an additional nuisance activity for the purposes of this chapter.

(3) Class III. (3 Points)

The commission or attempted commission of any serious felony or violent felony as defined in Cal. Penal Code §§ 1192.7(c) and 667.5(c), respectively.
The manufacture, cultivation, sale, use, or possession of a controlled substance in violation of the Uniform Controlled Substances Act (Cal. Health and Safety Code §§ 11000 et seq.), or in violation of federal law.
The commission or attempted commission of any act of prostitution as defined in Cal. Penal Code § 647(b).
The manufacture, sale, possession, or use of a firearm in violation of the Dangerous Weapons Control Law (Cal. Penal Code §§ 12000 et seq.).

(4) For purposes of this chapter, NUISANCE ACTIVITY shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act.

RESPONSIBLE PARTY and RESPONSIBLE PERSONS means, unless otherwise defined, any person who has titled

ownership of the property or structure which is subject to this chapter, an occupant in control of the property or structure which is subject to this chapter, a developer, builder, or business operator or owner who is developing, building or operating a business on the property or in a structure which is subject to this chapter and/or any person who has control over the property and allows a violation of this chapter to continue.

PERSON means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them.

POINT shall mean a point that is counted against the threshold amount, with points assigned to the classifications of nuisance activities as set forth in the definition of “nuisance activity.”

PREMISES and PROPERTY may be used by this chapter interchangeably and means and public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as a residential or commercial property. RENTAL UNIT means any structure or that part of a structure, including but not limited to single-family home, room or apartment, which is rented to another and used as a home residence, or sleeping place by one or more persons. THRESHOLD shall be five points.

(Ord. 817-C.S., passed 10-20-15)