Suisun City Municipal Code Art. V Definitions

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article.

"Abandoned personal property" means discarded personal property, including furniture and appliances, and any personal property that is not timely removed from real property following a notice of public nuisance and order to abate.

"Acceptable landscaping" means:

For residential properties, acceptable landscaping shall include any ground cover, decorative rock, redwood bark, lawn and/or other material determined to be acceptable or required by the city manager.

For commercial or industrial properties, acceptable landscaping shall include non-paved portions of the exterior yards shall be covered with live trees, shrubs, lawns, or other live plant materials, or shall have decorative landscaping installed, so long as weed block is used where decorative landscaping is installed.

"Attractive nuisance" means any condition, instrumentality, or machine which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, whether in a building or on the premises.

"Bona fide encumbrancer" means a person who:

1. Receives a lien or encumbrance on the subject property after the city incurs abatement costs or enforcement costs; and

2. At the time he or she acquired the interest did not have actual or constructive knowledge of the city's interest in the property.

"Bona fide purchaser" means a person who:

1. Purchases any portion of the subject property after the city incurs abatement costs or enforcement costs; and

2. At the time he or she acquired his or her portion of the subject property did not have actual or constructive knowledge of the city's interest in the property.

"Building official" means the building official of the City of Suisun City, or their designee.

"Chief of police" means the Suisun City Police Department's Chief of Police, or their designee.

"City attorney" means the city attorney of the City of Suisun City, including their designee.

"City enforcement official" means the city manager, the fire chief, or the chief of police, and shall include any authorized designee thereof who is partially or wholly responsible for enforcing this chapter.

"City facility" means any building, structure, park, parkway, infrastructure, traffic light, waterway, pier, jetty, protected open space, etc. that is owned, controlled, or maintained by the city.

"City manager" means the city manager of the City of Suisun City, including their designee.

"Costs" means:

"Abatement costs" means the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including, but not limited to, investigation costs, costs to enforce this Code and any applicable federal, state or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct the actual abatement of the nuisance, including lawful disposal or abandoned personal property, trash, and debris. Abatement costs include staff costs, including costs of worker's compensation benefits, fringe benefits, administrative overhead administrative overhead, costs for equipment, such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the city. Costs also include those incurred in seeking cost recovery.

"Enforcement costs" means all actual and reasonable costs incurred by the city to respond to and enforce compliance with this Code and any applicable federal, state, county or city public health and safety law that are not included within abatement costs. These costs include, but are not limited to, actual cost of the enforcing department services including, but not limited to, costs of personnel, including costs of worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of materials, costs related to investigations pursuant to this Code or federal, state, or county law, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of this Code or federal, state or county law violations, and reasonable attorneys' fees. Enforcement costs include multiple response and similar costs as permitted by this chapter. Enforcement costs also include those incurred in seeking cost recovery.

"Enforcing department" means the department or division of the city that is directed and is responsible for the enforcement of this Code or applicable federal or state law, or the abatement of a public nuisance.

"Fire chief" means the chief of the Suisun City Fire Department, or their designee.

"Motor vehicle" shall have the same meaning as that term is defined in Section 415 of the California Vehicle Code, including any amendments or successor statutes thereto.

"Noise" means any sound which annoys or disturbs a reasonable person of normal sensitivities.

"Noticed party" means the person or entity that is required to be noticed in the underlying abatement or enforcement action in which costs were incurred, but in all cases must include the record owner(s) of the property for property related violations. A "noticed party" should be notified for purposes of cost or penalty recovery in the same manner as they were required to be noticed, either by this Code or applicable federal, state or county law, in the abatement or enforcement action which resulted in the incurring of costs or penalties sought to be recovered under this article.

"Owner" means the person to whom land is assessed as shown on the last available equalized assessment roll, supplemental roll of the County of Solano, or as otherwise known to the enforcement official, and shall include their agent or designee.

"Parkway" means the portion of a street right-of-way which lies between the property line and the outside edge of a gutter or gutter lip, including a driveway approach. Where no curb exists, "parkway" shall mean the area of property from the property line to the edge of the pavement.

"Persistent noise" means constant, fluctuating, or intermittent noise of cumulative duration of more than 20 minutes, that disturbs a reasonable person beyond the property line of the noise source. Examples of sources of persistent sound include, but are not limited to, dogs barking, amplified sound, power tools, vehicles, and like noises.

"Person" means an individual or entity of any kind whatsoever, and shall include the person's agent or designee.

"Responsible party" means any person responsible for creating, causing, committing, or maintaining the violation(s) of this Code or law and/or responsible for the abatement of a Suisun City Municipal Code or law violation(s), including a public nuisance. A responsible party may be, jointly or severally, a property's owner or tenant, or any other person in possession or control of real property.

"Sensitive land uses" means locations where there is greater sensitivity to excess noise, including, but not limited to: residences, hospitals, nursing homes, theaters, auditoriums, churches, meeting halls, schools, libraries, museums, and parks.

"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment as used herein shall not be construed as including standard automobile radio when used and primarily audible only by the occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.

"Structure" shall have the same meaning as that term is defined in Section 18.04.010, including any amendments or successor ordinances thereto.

"Tenant" means any person, not an owner, who is in possession or control of real property based on a rental or lease agreement with the property's owner, including their agent or designee.

"Uniform Codes" means the Uniform Code adopted by reference in Chapter 15.04 of this Code with local amendments, including any amendments or subsequent codes.

"Vacant property" means real property that is undeveloped or with one or more structures, whether residential, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a multi-unit structure or complex, "vacant" shall mean when any one unit is unoccupied or occupied by unauthorized persons.

(Ord. No. 806, § 2, 10-17-2023)