Hemet Municipal Code Div. 1 Definitions

As used in this Code, the following shall have the following meanings.

Abatement means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.

Abatement notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.

Administrative enforcement order means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this Code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien.

Code enforcement performance bond means a bond posted by a responsible person to ensure compliance with the Hemet Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.

Enforcement hearing officer means any person appointed by the city manager to preside over administrative enforcement hearings.

Enforcement official means any person authorized to enforce violations of the Hemet Municipal Code or applicable state codes.

Financial institution means any person that holds a recorded mortgage or deed of trust on a property.

Imminent life safety hazard means any condition which creates a present and immediate danger to life, property, health or public safety.

Legal interest means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder.

Notice and order means a document used in abatement and civil penalties actions which provides notice of Hemet Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.

Notice of compliance means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement.

Notice of violation means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the Hemet Municipal Code.

Nuisance abatement lien means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.

Person means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties.

Property owner means the record owner of real property based on the county assessor's records.

Public nuisance means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passers by, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this Code or any other city, state or federal law or regulation.

Responsible person means any person who an enforcement official determines is responsible for creating, causing, maintaining, contributing to, or permitting a public nuisance or a violation of this Code or applicable state law. The term includes, but is not limited to:

(1) The property owner, as shown on the last equalized assessment roll or otherwise identified through public records;

(2) A tenant or lessee of the property;

(3) Any person with a legal or equitable interest in the property, including mortgagees, lienholders, and trustees;

(4) A person in possession of the property, whether lawfully or unlawfully;

(5) A property manager or management company with contractual or actual authority over the property;

(6) A contractor, subcontractor, or developer performing work on the property;

(7) An operator or host of a short-term rental or other transient lodging use;

(8) A business operator or franchisee conducting operations on the property;

(9) A homeowners' association or similar entity responsible for managing or maintaining common areas of the property;

(10) A family member, caretaker, or other occupant who exercises control over the use or condition of the property;

(11) Any person who has assumed responsibility, whether through written agreement, course of conduct, or actual control, for maintaining the property or ensuring compliance with law.

The determination of responsibility may be based on ownership records, leases, contracts, occupancy, business operations, or any other evidence indicating control over the property or the condition giving rise to the violation.

Written includes printed, typewritten, mimeographed, multigraphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code § 250.

(Ord. No. 1989, § 1(Exh. A), 1-11-22; Ord. No. 2061, § 2, 9-9-25)