Ione Municipal Code Art. I Definitions (CA)

1.10.010 - Definitions.¶

A. "Administrative citation" is a citation issued by a city director, pursuant to this chapter, to a responsible person who has violated or is violating the provisions of this Code. The administrative citation may direct the responsible person to take specific action either immediately or within a definitive period of time; impose fines or penalties; or inform the responsible person that the city will take certain action with regard to the subject property. Such action includes but is not limited to, abatement of a public nuisance, recording administrative enforcement proceedings with the county recorder's office, or setting an administrative hearing.

B. "Administrative order" is an order issued by a hearing officer after an administrative hearing pursuant to this chapter. The administrative order may order a responsible person to correct violations, order abatement of a public nuisance, order payment of administrative fines, penalties, costs, or order any other action as authorized by this Code or applicable state law.

C. "Code enforcement lien" is a lien recorded with the Amador County recorder's office for the purposes of collecting outstanding fines, civil penalties or administrative costs arising from administrative or judicial actions pursuant to this chapter.

D. "Costs" means and includes any and all costs incurred by the city in connection with enforcement of this Code including, but not limited to, costs of investigation, staffing costs incurred in preparation for the administrative hearing and for the administrative hearing itself, the services of the hearing officer, any abatement costs, and costs for all re-inspections necessary to enforce the administrative citation or administrative order, including attorney's fees.

E. "Director" shall include each of following: police chief, fire chief, city manager, finance director, building official. As used in this chapter, a director shall include any designated agents or city staff within the director's jurisdiction.

F. "Hearing officer" is any person who is charged with presiding over administrative hearings pursuant to this chapter.

G. "Notice of satisfaction" is a notice that indicates that (1) all outstanding fines, penalties and costs have been paid in full, or (2) that a subsequent final administrative or judicial decision has resolved such outstanding charges, or (3) an agreed amount of appropriate charges has been negotiated between the city and responsible person, and such amount has been paid in full. Recordation of notice of satisfaction with the Amador County recorder's office shall have the effect of cancelling any code enforcement lien on the subject property.

H. "Notice of violation" is a notice that informs a responsible person of Code violations present on the subject property.

I. "Owner," as applied to a building or real property, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land. An owner includes the record owner of real property as listed on the last equalized assessment roll maintained by the Amador County assessor.

J. "Penalty" refers to and means any fines or sanctions for Code violations established by city council resolution pursuant to Section 1.10.140.

K. "Person" includes any person, firm, association, organization, partnership, business trust, company, corporation, public entity, the state, its political subdivisions and/or instrumentalities thereof, or any other entity which is recognized by law as the subject of rights or duties.

L. "Public nuisance" includes anything that is injurious to health, is indecent, offensive to the senses, obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property, or obstructs the free passage or use in the customary manner of any public park, square, street or highway. This section shall not be deemed the exclusive definition or designation of what constitutes a public nuisance, but shall supplement and be in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction in the city. It is unlawful and a public nuisance for any person owning, renting, leasing, or having charge or possession of any property in the city to maintain any of the following conditions on such property:

All weeds, as that term is defined in Section 39561.5 of the California Government Code, dry grasses, dead shrubs, dead trees, rubbish, or any material growing upon the streets, sidewalks, or upon private property within the city, which bear seeds of a wingy or downy nature or by reason of their size, manner of growth and location constitute a fire hazard, or which, when dry will, in reasonable probability constitute a fire hazard.
The exterior accumulation of dirt, litter, rubbish, debris, rank growths or waste matter that is visible from a public or private street, sidewalk or right-of-way.
Broken, abandoned or discarded furniture or other household equipment, appliances, or fixtures, packing boxes, lumber, junk, trash, rubbish, or other materials or debris, such as rubble, asphalt, concrete, plaster, crates, cartons, metal and glass containers, or fencing built with non-fencing materials, which are visible from a public or private street, sidewalk or right-of-way, or which pose a fire danger or other threat to health and safety. This includes the dumping, spillage or storage of solids or liquids, which adversely affect the aesthetic or olfactory nature of the area.
Buildings, fences or other structures, the exterior walls or windows, which are visible from a public or private street, sidewalk or right-of-way, containing graffiti or inscribed material or which are cracked, broken, leaning, fallen, decayed, deteriorated or defaced.
Neglected or improperly maintained landscaping, visible from a public or private street, sidewalk or right-of-way, including, but not limited to, dead, debris laden, weed infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers, or vegetation dying as a result of physical damage, disease, insect infestation or lack of water, or the removal or failure to maintain in good condition any landscaping required as a condition to any permit or development approved or included in the project plans or application, without city approval; provided, however, that the provision as to dead or dying vegetation due to lack of water may not be enforced during a drought year.
Buildings for human use or occupancy that are boarded by voluntary action of the owner or as a result of enforcement activity by the city which are not rehabilitated within 90 days after the building is boarded.
Buildings designed for human use or occupancy that stand vacant for more than 90 consecutive days, unless a director finds in writing that any of the following applies:

(i) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.

(ii) The building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease or rent.

(iii) The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:

Maintenance of landscaping and plant materials in good condition.
Maintenance of the exterior of the building including, but not limited to, paint and finishes in good condition.
Regular removal of all exterior trash, debris and graffiti.
Maintenance of the building in continuing compliance with all applicable codes and regulations.
Prevention of criminal activity on the property including, but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity.

Where visible from a public street, sidewalk or right-of-way, the exterior storage or maintenance in a residential zone of metal storage bins or containers, including garbage bins and dumpsters, that are larger than 120 cubic feet, unless expressly permitted by law or a permit duly issued by the city.
Where visible from a public or private street, sidewalk or right-of-way, the exterior storage or maintenance of parts or machinery, building materials or merchandise, unless specifically authorized by use permit; or construction equipment or garbage bins except when excavation, construction or demolition operations covered by an active building permit or other city permit are in progress on the subject or adjoining property.
The storage of tires in a manner that allows any accumulation of water or creates a fire hazard.
The parking or storage of any vehicle, boat, trailer, camper, motor home or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used or zoned for residential purposes, if either:

(i) Located on any front lawn, front yard or street side yard; or

(ii) Located in any side or rear yard so as to prevent a three-foot wide continuous fire access way from the front of the property.

Any abandoned, wrecked or inoperative vehicles.
The use of any trailer, camper or motor home for residential occupancy except on property zoned for mobile home parks or camping, or except as otherwise permitted by the Code.
Any unmounted camper shell visible from a public street, sidewalk or right-of-way.
Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, that causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.
Obstruction or encroachment upon any public property including, but not limited to, any public street, sidewalk, highway, right-of-way, and park or building, without prior city consent. Such obstructions or encroachments include, but are not limited to, overgrown trees and shrubs, building materials, merchandise or other personal property, and buildings or portions of buildings or structures protruding into public property.
Use of property in residential district for the purpose of performing major vehicle repair.
Maintenance of any combustible material or substance, which because of its quantity, concentration or physical, chemical or infectious characteristics, may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed.
Any condition recognized in law or in equity as constituting a public nuisance.
The making or continuing to be made any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
The illegal sale or use of controlled substances and/or other illegal drugs and/or substances which creates a public nuisance as defined in Civil Code Sections 3479 and 3480 and Health and Safety Code Section 11570, or the frequent gathering, or coming and going, of people who have intent to purchase or use illegal drugs and/or controlled substances on the premises.
The occurrence of prostitution, as defined in Penal Code Sections 11225 and 11230.
Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a valid license issued by the department of alcoholic beverage control.

M. "Responsible person" means a person, as determined by a director, who is responsible for causing, permitting, or maintaining a violation of this Code. A responsible person includes, but is not limited to, an owner, tenant, person with a legal interest in the subject property, person in possession of the subject property or person that exercises custody and control over the subject property. If a responsible person is a minor, then the parents or guardians of the minor shall be the responsible person.

N. As used in this chapter, the word "shall" is mandatory and "may" is permissive.

(Ord. No. 419, § 1, 4-21-2009)

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