Article 3 — DEFINITIONS

Except as otherwise set forth in this Chapter, the following terms shall have the following meanings for purposes of this Chapter:

• a. "Abandoned", in addition to those definitions provided by state law, local ordinances and case law, the term "abandoned" means and refers to any item which has ceased to be used for its designed and intended purpose.

• b. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the Code Enforcement Officer in his/her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.

• c. "Attractive Nuisance" means any condition, building or structure, instrument or machine which is unsafe, unprotected and may prove detrimental to children whether in a building, on the premises of a building or on any unoccupied lot. This includes but is not limited to:

  • i. Neglected, unused or broken equipment or machinery;

  • ii. Abandoned wells, shafts, or basements;

  • iii. Unprotected pools, ponds, or excavations;

  • iv. Structurally unsound fences or structures;

  • v.

  • Structurally unsound or unsecure buildings or structures;

• vi.

  • Abandoned or broken refrigerators, freezers or other appliances;

  • vii. Accumulations of lumber, trash, debris or similar materials which may prove hazardous or dangerous to inquisitive minors;

  • viii. An excessive accumulation of chemicals, motor oil, or other hazardous materials.

• d. "Boat" means a boat of any kind, whether self-propelled or propelled by any other means, including sailing vessels and all other structures adapted to be navigated on water from place to place for recreational purposes or for the transportation of merchandise or persons.

• e. "Camper Shell" shall mean a vehicle accessory designed to be mounted upon a motor vehicle and to provide facilities for human habitation, camping purposes or storage.

• f. "City Enforcement Officer" means that City officer or employee as may be designated in writing by the City Manager to enforce property or premises maintenance, zoning and other City Code violations, as authorized by Penal Code Section 836.5.

• g. "Decorative Landscaping" shall mean decorative non-live materials used to cover dirt in a garden or yard, such as rocks, gravel, bark or non-vegetative ground cover and does not include an improved surface.

• h. "Dismantled" means that from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.

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City of Oakley, CA

OAKLEY CODE

§ 4.29.302

§ 4.29.302

• i. "Garbage" means every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruit or vegetables.

• j. "Ground cover" shall be defined as vegetative material, or permeable materials such as mulch, decomposed granite or similar permeable materials

• k. "Household Items" shall mean any item, including any part of the item, typically used in the interior of a dwelling. By way of example and not limitation, the term Household Item includes washing machines, sinks, stoves, heaters, boilers, tanks, mattresses, sofas, couches or futons, upholstered chairs, and indoor carpets. The term House-hold Item excludes furniture expressly designed for outdoor use.

• l. "Improved Surface" shall mean any surface which has been improved with pavement, asphalt, cement, brick, interlocking pavers or other similar material and maintained in such a manner as to provide for a mud-free and dustless surface. Compacted decomposed granite or other similar compacted material such as loose gravel, bark, rocks, and other similar materials may not be considered an improved surface for the purposes of additional parking.

• m. "Inoperative" means incapable of functioning or producing activity for mechanical or other reasons.

• n. "Landscaping" shall mean the planting of trees, shrubs, or grass, or other live plants, or the use of decorative landscaping to improve the appearance of the land.

• o. "Major Auto Repair" means and includes pulling an engine block, repair or replacement of transmissions and front and rear axles, major body repair, dismantling, painting and similar work.

• p. "Motor Vehicle" means any passenger vehicle, truck, recreational vehicle, motorcycle, motor scooter, golf cart, or other similar self-propelled vehicle.

• q. "Owner" means the registered owner of a vehicle, the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the County, renter(s), lessor(s) and other occupants residing permanently or temporarily on Property or Premises. Owner shall also mean any person with legal or equitable title to real or personal property, including but not limited to any bank, mortgage company, financial institution or similar entity or lien holder that has control and dominion over the property.

• r. "Polluted Water" means water that contains any bacterial growth, including but not limited to algae, remains of rubbish, fecal matter, untreated sewage, refuse, debris, papers, or any other foreign matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition.

• s. "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, parkways and parking strips.

• t. "Property" means any real property including but not limited to land, lot or parcel of land, or any hereditament held by any Owner, and shall include any alley, sidewalk, parkway or unimproved public easement abutting such real property, lot or parcel of land.

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.29.302

§ 4.29.302

• u. "Rubbish" means combustible and noncombustible waste materials except garbage including without limitation wood, leaves or trimmings from shrubs, dead trees or the branches thereof, shavings, sawdust, excelsior, dodgers, printed matter, paper, pasteboard, grass, rags, straw, boots, shoes, hats, boxes, rubber, leather, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials, and all other matter not included under the term "Garbage."

• v. "Storage Container" shall mean any object that can be used to hold things. By way of example and not limitation, a large metal boxlike object of standardized dimensions that can be loaded from one form of transport to another or a prefabricated enclosure that is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile.

• w. "Structure" means anything constructed, built or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas.

• x. "Unimproved surface" shall mean any surface other than an improved surface as defined in Section 4.29.202(l).

• y. "Vector" means any animal or insect capable of transmitting the causative agent of human disease including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, rodents and other vertebrates.

• z. "Weed Block" means material that is installed over a dirt surface in order to prevent the growth of weeds and that does not prevent the infiltration or passage of water into the dirt surface.

• aa. "Weeds" as used in this chapter shall have the definition in Government Code section 39561.5, as it may be amended.

• bb. "Wrecked" means that which has outward manifestation or appearance of damage to parts and contents which are essential to operation.

• cc. "Yard" means any open space between a lot line and the nearest line of any building. (Ord. 18-16, 8/9/2016; Ord. 12-18, 8/14/2018)

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City of Oakley, CA § 4.29.402

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.29.404