Modesto Municipal Code Art. 2 Definitions

For purposes of this article, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning and application of words and phrases used in this article:

(a) "Director" shall mean the Director of the Community and Economic Development Department, or his or her designee.

(b) "City" shall mean the City of Modesto and/or any agent hired to implement this article.

(c) "City Manager" means the City Manager of the City of Modesto, the Deputy City Manager, or any person or persons designated by the City Manager to act as his or her designee.

(d) "Health and Safety Standards" shall mean the standards set forth in California Civil Code section 1941.1, and Modesto Municipal Code Title 9-8 and Title 9-9.

(e) "Hearing officer" means any person appointed by the City Manager to preside over administrative hearings.

(f) "Inspector" means a person authorized by the Director to inspect a property or residential rental unit.

(g) "Local Contact Representative" Means the person or entity with full authority to act on behalf of the Owner for all purposes under this article, including the acceptance of service of all notices from the City. The local contact representative shall be physically located within 50 miles of the residential rental property.

(h) "Owner" means the person or entity identified and listed as having title to a Residential Rental Unit, as listed on the latest property tax assessment roll, maintained by the Stanislaus County Assessor.

(i) "Property" or "Residential Rental Property" means any lot or parcel of land containing Residential Rental Units, and all improvements thereon, including common areas.

(j) "Residential Rental Unit" means any structure or part of a structure that is used or may be used by one or more persons as a home, residence, dwelling, or sleeping place for longer than thirty days, including single family dwellings, duplexes, triplexes, or multi-family (four units or more) residential buildings, which is not an owner occupied unit, including rooming houses, boarding houses, apartment units, condominium units, and single room occupancies, but excluding: (1) hotels, motels, and bed and breakfasts used for transient lodging; (2) legal accessory dwelling units where the owner lives on the same property; (3) rooms in owner occupied residences;

(k) "Responsible party" means any occupant, lessor, lessee, manager, licensee, or other person having control over a structure or parcel of land. A responsible party may be a property owner.

(l) "Tenant's Affirmative Obligations" shall mean the standards set forth in California Civil Code section 1941.2. An Inspector's determination that a tenant is or is not in substantial violation of Tenant's Affirmative Obligations, or the cause of the existence of a dilapidation or violation, or interferes substantially with the Owner's obligation to effect necessary maintenance or repairs shall not be evidentiary proof of the condition of the unit, and shall be used only for purposes of implementing and enforcing this article.

(Ord. No. 3703-C.S., § 1, effective 10-24-2019)