Indio Municipal Code § 12.01 Enforcement of Code

[Ord. 1809, 2-21-2024]

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

(1)

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.

(2)

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.

(3)

ABATEMENT NOTICE

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

(4)

CODE ENFORCEMENT PERFORMANCE BOND

Means a bond posted by a responsible person to ensure compliance with the City of Indio Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.

(5)

ENFORCEMENT HEARING OFFICER

Means any person appointed by the City Manager to preside over administrative enforcement hearings.

(6)

ENFORCEMENT OFFICIAL

Means any person authorized to enforce violations of the City of Indio Municipal Code or applicable state codes.

(7)

FINANCIAL INSTITUTION

Means any person that holds a recorded mortgage or deed of trust on a property.

(8)

IMMINENT LIFE SAFETY HAZARD

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

(9)

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.

(10)

NOTICE AND ORDER

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

(11)

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.

(12)

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 City of Indio Municipal Code.

(13)

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.

(14)

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.

(15)

PROPERTY OWNER

Means the recorded owner of real property based on the county assessor's records.

(16)

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 passersby, 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.

(17)

RESPONSIBLE PERSON

Means a person who an enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the City of Indio Municipal Code or applicable state codes. The term responsible person includes but is not limited to a property owner, tenant, person with a legal interest in real property or person in possession of real property.

(18)

WRITTEN

Includes printed, typewritten, mimeographed, multi-graphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code § 250.

Subchapter 2. Code Enforcement Authority and Powers