San Rafael Municipal Code Ch. 1.08 Rules of Construction and Definitions

The provisions of this code and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. Said provisions, insofar as they are substantially the same as ordinances heretofore adopted by the city of San Rafael, shall be construed as continuations thereof and not as new enactments.

The following words and phrase whenever used in this code shall be construed as defined in this section, unless it shall be apparent from their context that a different meaning is intended or unless a different meaning is specifically defined elsewhere in this code and specifically stated to apply:

"Abatement" means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property.

"Administrative hearing officer" or "hearing officer" means any person who is designated by or at the request of the city manager or other authorized code enforcement official, to preside over administrative hearings or appeals provided under state law or this code.

"Administrative order" means an order issued by an administrative hearing officer after a hearing requiring a responsible person to correct code violations, abate a public nuisance, pay administrative civil penalties and administrative costs or take any other action as authorized or required by this code and applicable state codes, and authorizing the city to abate the code violation or public nuisance if the responsible person fails to do so.

"City" is the city of San Rafael.

"Code" means the San Rafael Municipal Code.

"Code enforcement assessment lien" means a lien to collect outstanding administrative civil penalties and administrative costs imposed as part of an administrative enforcement proceeding with respect to a code violation or other public nuisance.

"Code enforcement official" means the city manager, department directors, including the director of management services, the director of community development, the public works director/city engineer, the fire chief, the police chief, the director of community services, the redevelopment agency director, library director and any of their designated agents or representatives, including but not limited to code enforcement officers, police officers, fire department division chiefs, chief building official, building inspectors, the Central Marin sanitation agency officials designated by resolution, the storm water program manager, parking enforcement officers, the city health officer, and the county health officer and his or her designated registered environmental health specialists carrying out the duties of city health officer pursuant to agreement with the city.

"Council" means the city council of this city.

"County" is the county of Marin.

"Electric personal assistive mobility device" or "EPAMD" means a self-balancing, non-tandem two-wheeled device, that can turn in place and is designed to transport only one person, with an electric propulsion system averaging less than seven hundred fifty (750) watts (one horsepower), but does not include any motorized wheelchair operated by a person with physical disabilities who requires such wheelchair for mobility purposes.

"Financial institution" means any person that holds a recorded mortgage or deed of trust on a property.

"Imminent life safety hazard" means any condition which creates a present, extreme and immediate danger to life, property, health or public safety.

"Legal interest" means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder.

"Notice and order" means a document used in code violation and other public nuisance proceedings which provides notice of the code violations or other public nuisances and orders a responsible person to take certain steps to correct the violations.

"Notice of code enforcement assessment lien" means a document or form, approved by the city manager, which is recorded with respect to a code enforcement assessment lien.

"Notice of satisfaction" means a document or form, approved by the city manager, which indicates that all outstanding administrative civil penalties and administrative costs have either been paid in full, or that the city has negotiated an agreed amount, or that a subsequent administrative or judicial decision has resolved the outstanding debt.

"Oath" includes affirmations and oaths.

"Owner" applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.

"Person" means any natural person, firm, 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 or any other entity which is recognized by law as the subject of rights or duties, not including the city of San Rafael, the San Rafael redevelopment agency, or their officers, employees or agents.

"Public nuisance" means any condition caused, maintained or permitted to exist, which violates any provision of this code or applicable state codes, or which constitutes a threat to the public's health, safety and welfare, or which significantly obstructs, injures or interferes with the reasonable or free use of property in a neighborhood, community or to any considerable number of persons, or which constitutes any of the acts affecting the public as provided in Civil Code Sections 3479 and 3480, or which constitutes an unlawful obstruction or encroachment on any public property, including but not limited to any public street, highway, right-of-way, open space area, park or building, or which consists of any of the following:

1. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to public health, safety and welfare, to public property or facilities, or to a considerable number of adjacent private properties;

2. Buildings which are abandoned, partially destroyed, or permitted to remain for an unreasonable period of time in a state of partial construction, whether or not any building permit has expired;

3. The failure to close by such means as shall be acceptable to the city all doorways, windows, and other openings in vacant structures;

4. Broken windows constituting hazardous conditions or inviting trespassers and malicious mischief;

5. Overgrown, dead, decayed, diseased or hazardous, trees, bushes, weeds or vegetation which are likely to harbor rats, vermin or other pests, or the condition of which impair traffic safety, or otherwise cause a threat to public safety;

6. Broken or discarded furniture, household equipment or other machinery or equipment located on property, visible from public streets, or open and accessible from public streets and likely to be attractive and dangerous to children;

7. Garbage cans stored in front or side yards and visible from public streets;

8. Packing boxes, lumber, trash, dirt and other debris either inside or outside buildings or located on vacant property and visible from public streets;

9. Buckets, cans or other containers containing stagnant water which is likely to harbor mosquitoes or other vectors;

10. Abandoned or disabled vehicles located on property, visible from public streets, or open and accessible from public streets and likely to be attractive and dangerous to children;

11. Pools, ponds, water containers, or excavations that are open and accessible from public streets and likely to be attractive and dangerous to children.

"Responsible person" means a person who a code enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the code or applicable state codes. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property or person in possession of real property.

"State" is the state of California.

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to the public use, or such other public property so designated in any law of this state.

"Tenant" or "occupant," applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

"Written" includes printed, typewritten, mimeographed, multigraphed, printout by computer, facsimile and those items listed in California Evidence Code Section 250.

(Ord. 1844 § 1 (part), 2006; Ord. 1800 § 1, 2003; Ord. 1795 §§ 3, 13, 2002; Ord. 1706 § 1, 1997).

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.

Whenever a power is granted to, or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise.

Whenever a reference is made to any portion of this code, or to any ordinances of this city, the reference applies to all amendments and additions now or hereafter made.

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

The present tense includes the past and future tenses, and the future, the present.

Whenever a personal pronoun is used in the neutral gender, it shall be deemed to include the feminine and masculine also. "They/them" shall indicate a singular individual, unless the context indicates the contrary.

(Ord. No. 2033, § 4, 2-20-2024)

The singular number includes the plural, and the plural, the singular.

"Shall" is mandatory and "may" is permissive.

For the purpose of this code, certain words and phrases are defined and certain provisions shall be construed as in this chapter set out, unless it shall be apparent from their context that a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases.