Merced Municipal Code Art. II Definitions

For the purposes of this chapter, certain words and phrases are defined and certain provisions are to be construed as set forth in this section:

A. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the city manager, or his/her designated representative, shall determine is necessary in the interest of the general health, safety and welfare of the community.

B. "Abatement costs" means the actual costs paid or incurred by the city in connection with the matter, including, but not limited to:

1. Costs of investigation;

2. Personnel costs;

3. City overhead incurred in the preparation for any hearing and appearing at the hearing itself;

4. Costs incurred for all inspections and reinspections necessary to enforce any order issued under this chapter;

5. Costs of preparation of notices, specifications and contracts, and inspecting the work performed under contract;

6. Costs of mailing and printing notices and documents; and

7. The cost, including staffing costs, expended or incurred by the city in abating the conditions or violations pursuant to any order under this chapter.

C. "Premises" means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

D. "Hearing officer" means the individual who shall conduct nuisance abatement hearings pursuant to this chapter and shall render decisions pursuant to the applicable hearing procedures set forth in this chapter. The hearing officer shall be designated by the city manager.

E. "Responsible party or person" means any individual, business or entity responsible for creating, causing, maintaining or permitting the nuisance activity, premises, condition or conduct, and includes, but is not limited to, the property owner, tenant, lessee, possessor, or occupant of real property, the president or other officer of the corporation, and a business owner or manager of a business.

F. "Weeds" mean all weeds growing upon streets, alleys, sidewalks, or private property in the city and includes any of the following:

1. Weeds which bear or may bear seeds of a downy or wingy nature;

2. Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

3. Weeds which are otherwise noxious or dangerous;

4. Weeds which are a public nuisance of seasonal and recurring nature;

5. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

6. Accumulations of garden refuse, cuttings and other combustible trash;

7. Mistletoe, viscum album.

(Ord. No. 2349, § 1, 3-1-2010)