Pomona Municipal Code Art. I In General

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:

Abandoned property means any unimproved or improved real property, or portion thereof including buildings or structures, that is vacant or shows evidence of vacancy or: (1) the subject of a current notice of default, notice of trustee's sale, or pending tax assessor lien sale; (2) the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, (3) has been transferred to the current owner under a deed in lieu of foreclosure, or (4) has been surrendered or deserted in contemplation or threat of foreclosure.

Abandoned shopping cart prevention plan means a document submitted by the responsible business owner pursuant to section 18-357.

Abandoned shopping carts means any cart taken from the business site without the written consent of the owner to either public or private property.

Abatement costs means all costs, fees, and expenses, incidental or otherwise, including labor, materials, legal fees and administrative costs associated with the process of investigating and abating a nuisance or public nuisance.

Accessible means any real property or structure that is unsecured in such a way as to allow access to unauthorized persons.

Agent means the person or persons designated in the owner's abandoned cart prevention plan authorized to perform or provide retrieval services on behalf of the owner of the business. The agent may be the owner if so designated in the approved abandoned cart prevention plan.

Agreement for sale means any agreement or written instrument that transfers or conveys title to real property from one person to another person.

Agricultural property means a parcel of real property which is undeveloped for any use other than agricultural purposes.

Ambient noise level means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources excluding alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

Assignment of rents means a written instrument that transfers the beneficial interest under a deed of trust from one person to another person.

A-weighted sound level means the total level meter in decibels of all sounds as measured with a sound level meter with a reference pressure of 20 micropascals using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as dB(A).

Beneficiary means the beneficiary (either original beneficiary or the assignee) under a note secured by a deed of trust.

Building means any structure built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind, including all commercial, industrial and residential buildings, including single-family homes, duplexes, and apartment houses. If a housing unit in a multiple-family building is a nuisance as defined, the procedure in this article may be applicable to one or more housing units in the multiple-family structure. If a rental unit in a commercial or industrial building is a nuisance as defined, the procedure in this article may be applicable to one or more rental units in the commercial or industrial building.

Buyer means any person who agrees to transfer anything of value in consideration for property described in an agreement for sale, as defined in this section.

Cart means both shopping carts and laundry carts.

Code compliance manager or code compliance supervisor shall mean the individual responsible for the day-to-day management of the code compliance division or their designee.

Code enforcement costs means fees imposed by the city to defray its costs of code enforcement actions including, but not limited to, the time and other resources of public officials expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a residential structure or property. These include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings, conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the pendency of a judicial proceeding and other appearances at such judicial or administrative hearings.

Commercial property means a parcel of real property that is developed and used either in part or in whole for a commercial purpose.

Cumulative period means an additive period of time composed of individual time segments, which may be continuous or interrupted.

Dangerous building means any building or structure that is in violation of any condition referenced in the Uniform Code for Abatement of Dangerous Buildings, as adopted by City Code, Chapter 74, International Property Maintenance Code, or California Health and Safety Code Section 17920.3.

Day means calendar day.

Decibel (dB) means a unit which denotes the ratio between two quantities which are proportional to power: The number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm of the base ten of this ratio.

Deed in lieu of foreclosure means a document that transfers legal title to a property from the trustor to the trustee, upon consent of the beneficiary of the deed of trust.

Deed of trust means any instrument, including any deed of trust or mortgage, by which legal title to real property, or any interest therein, is transferred to a trustee as security for a real estate loan, including, without limitation, any and all subsequent deeds of trust, i.e.: 2nd trust deed, 3rd trust deed, etc.

Default means the material breach of or failure to fulfill a legal or contractual obligation, whether monetary or otherwise.

Development services director means the head of the development services department or their designee.

Distressed property means any unimproved or improved real property, or portion thereof including buildings or structures, that is under a current notice of default or notice of trustee's sale, or pending tax assessor's lien sale, or has been foreclosed upon by the trustee or has been conveyed to the beneficiary or trustee by way of a deed in lieu of foreclosure, but which is lawfully occupied.

Dwelling unit means a single unit providing complete independent living facilities for one or more persons including permanent provision for living, sleeping, eating, cooking, and sanitation.

Emergency machinery, vehicle, work, or alarm means machinery, vehicle, work, or an alarm used, employed, performed, or operated in an effort to protect, provide, or restore safety conditions in the community or for the citizenry or work performed by private or public utilities when restoring utility service.

Etching substance means any type of liquid or paste product used to permanently etch glass. Ingredients of such etching liquids, etching pastes or etching baths may include but are not limited to ammonia/sodium bifluorides and sulfuric acid.

Evidence of vacancy means any condition that, on its own, or combined with other conditions present, would lead a reasonable person to believe that a subject property is vacant. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, and/or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.

Fixed noise source means a stationary device that creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, or air conditioner and refrigeration equipment.

Foreclosure means the process by which a property, placed as security for a loan, is sold to satisfy the debt if the trustor defaults.

Grading means any excavating or filling of earth material or any combination thereof conducted at a site.

Graffiti implement means any writing instrument that has a porous point, tip or nib that measures in excess of 1/16 of an inch in width at its widest point, commonly known as markers, marking pens or sign pens, or any glass etching tools or substances. For purposes of this division, a graffiti implement shall not include an aerosol container of paint unless expressly stated otherwise.

Graffiti means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, inscribed or painted on any public or private real or personal property without the consent or permission of the owner thereof.

Health care institution means any hospital, convalescent home or other similar facility which provides health care, medical treatment, room, board or other services for the ill, retarded, or convalescent.

Hearing officer means a private person, or a public official, or duly constituted reviewing authority or commission that the city manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation. The term "hearing officer" may also include a person with experience, qualifications and training reasonably satisfactory to the city who are employed by, or otherwise contracted by, an entity which is itself under contract with the city to provide services relating to the processing, review and disposition of administrative citations, which services also include provision of personnel to serve as hearing officers.

Hertz (Hz) means the unit that describes the frequency of a function periodic in time, which is the reciprocal of the period.

Highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "highway" includes a street.

Impulsive noise level means a noise of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay.

Industrial property means a parcel of real property that is developed and used either in part or in whole for manufacturing purposes.

Inoperative vehicle and abandoned vehicle mean any vehicle as defined in section 58-231.

Intruding noise level means the total sound level, in decibels, created, caused, maintained, or originated from an alleged offensive source at a specified location while the alleged offensive source is in operation.

Junk means and includes in addition to junk as defined by Section 746 of the Streets and Highways Code, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, cotton, dirt, fiber, glass, metal, paper, plaster, plaster of paris, plastic, rubber, terra cotta, wool, wood or other substance, including, but not being limited to, used, discarded or obsolete batteries, rope, rugs, trash, vegetation, vehicles or waste, or any accumulation of objects of any kind, of such size, quantity or nature that the same cannot be lawfully used within a reasonable time upon the property upon which the same is located.

Junkyard means and includes any building, equipment, land, lot, place, premises or structures where, at upon which, to which or from which is abandoned, baled, bartered, bought, brought, bundled, disassembled, disposed of, exchanged, handled, packed, processed, shipped, sold, stored or transported any junk as defined by Section 746 of the Streets and Highways Code, or any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, cotton, dirt, fiber, glass, metal, paper, plaster, plaster of paris, plastic, rubber, terra cotta, wool, wood or other substance, including, but not being limited to, used, discarded or obsolete batteries, clothing debris, equipment, floor coverings, garbage, logs, lumber, rags, rope, rugs, trash, vegetation, vehicles or waste. Exception: Junkyard does not include any business engaged in the buying or selling of new or used furniture or useable household equipment conducted within a zone permitting such business and conducted in accordance with all regulations applicable to such business, nor to the business of buying and selling used automobiles in operable condition when conducted within a zone permitting such business and conducted in accordance with all regulations applicable thereto, nor to the storage or use of used or salvaged materials in connection with a manufacturing operation conducted in accordance with all regulations applicable thereto.

Laundry cart means a basket which is mounted on wheels and used in a coin-operated laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and/or clothing, and the supplies necessary to process them.

Licensed means the issuance of a formal license or permit by the appropriate jurisdictional authority or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in the public record.

Local means the area within 40 miles of the subject property.

Minor means any unemancipated person who is less than 18 years of age.

Mobile noise source means any noise other than a fixed noise source.

Neighborhood standard means those conditions that are present on a simple majority of other occupied properties within a 300-foot radius of the subject property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property, within the 300-foot radius, shall not be counted toward the simple majority.

Notice of default or notice of trustee's sale means a notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale or other similar remedies authorized by law.

Nuisance means a violation of any city or county ordinance, rule, regulation and/or code adopted by reference by this Code, or any violation of a state or federal law or regulation.

Out of area means the area in excess of 40 miles from the subject.

Owner means any person having a legal title in any real property. For purposes of abandoned shopping carts, it also means any person or entity, or their designated agent, who in connection with the conduct of a business, possesses, leases or makes carts available to customers or the public for the purpose of transporting merchandise on the business premises.

Owner of record means the person or entity having recorded title to the property as shown in the Los Angeles County registrar-recorder's office.

Owner of the land means the owner of the land on which the vehicle or part thereof is located, as shown on the last equalized assessment roll.

Owner of the vehicle means the last registered owner and legal owner of record.

Person means and includes any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

Plainly audible means clearly heard by a person using his unaided hearing faculties.

Premises means and includes whenever applicable or appropriate any building, structure, lot, parcel, land or portion thereof, improved or unimproved, including adjacent streets, alleys, sidewalks, parkways, and parking areas. Property means any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property.

Public nuisance means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. All conditions hereafter enumerated in this article, or that otherwise violate or are contrary to any provision of this Code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of this Code.

Public property means and includes property owned by the city and property in, on, upon or across which the city has an easement for public street, road, highway, alley, sidewalk, parkway, planting, access, ingress, egress or other purposes.

Residential property means a parcel of real property that is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

Responsible adult means a parent, legal guardian or person having legal responsibility for an unemancipated individual under the age of 18.

Responsible party means the person having actual control of the property at any given time, including the owner of record, the beneficiary, the trustee, the servicing company, or real estate agent acting, or any other party, acting on behalf of the owner of record, beneficiary, or trustee.

Securing means such measures as may be directed by the code compliance manager or their designee that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, and the repair or boarding of door, window or other openings to a minimum of the current HUD securing standards at the time the boarding is completed or required.

Shopping cart means a basket mounted on wheels or a similar device intended for the use of customers in a retail or commercial business establishment for the purpose of transporting goods of any kind within the confines of the business establishment, including the parking lot.

Simple tone noise means a noise characterized by a predominant frequency so that other frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands as follows: by five dB for frequencies of 500 hertz (Hz) and above or by 15 dB for frequencies less than or equal to 125 hertz.

Sound level meter means an instrument meeting American Standard Institute's Standard S1.4-1971 or most recent revision thereof for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

Sound pressure level of a sound, in decibels, means 20 times the logarithm to the base 20 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except temporary structures used in connection with construction.

Transfer means any sale, exchange, gift or loan.

Trustee means the person holding a deed of trust on a property.

Trustor means a borrower under a deed of trust, who deeds the legal title to a property over to a trustee as security for the payment of a debt.

Unattended donation/collection boxes means unstaffed drop-off boxes, containers, receptacles, or similar facility that accept textiles, shoes, books and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling. Excludes lending library boxes for mutual aid and public library collection boxes.

Vacant means any unimproved or improved real property, or portion thereof including buildings or structures that is not legally occupied or legally developed.

Vegetation means any trees, shrubs, flowers, bushes, vines, grass, plants, roots, leaves, tree needles, and weeds.

Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

Vibration means any movement of the earth, ground, or other similar surface created by temporal and special oscillation of displacement, velocity, or acceleration in any mechanical device or equipment located upon, attached to, affixed to, or in conjunction with that surface.

Yard area means any open space between a lot line and the nearest building.

(Ord. No. 4355, § 2(Exh. A), 4-7-2025)