§ 1.09.030. Definitions.

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

B. "Appeal Hearing Officer" means a person, agency, or body designated by the City Manager to hear and decide appeals under this Chapter 1.09. The Appeal Hearing Officer shall not be any enforcement officer or supervisor. The employment, performance evaluation, compensation, and benefits of an Appeal Hearing Officer, if any, shall not be directly or indirectly conditioned upon the decisions of the Appeal Hearing Officer.

C. "Incidental Expenses" means the actual costs incurred by the city in the enforcement of this chapter, including, but not limited to hearing costs; staff costs; inspection costs; and costs of preparing, copying and mailing documents.

D. "Public Nuisance" means:

1. Any condition that affects at the same time, an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. A public nuisance includes, but is not limited to:

a. A condition that is, or is likely to become, injurious to health, safety or welfare or indecent or offensive to the senses;

b. An obstruction to the free use of property, such as interference with the comfortable enjoyment of life or property;

c. An unlawful obstruction to the free passage or use of any public park, square, street, highway, right-of-way, navigable lake, river, bay, stream, canal or basin;

d. Any unlawful act identified in § 9.22.020;

e. A condition that diminishes property values and degrades the quality of life within the city; or

f. A substandard building as defined in the current Uniform Housing Code adopted by the city.

2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of any zoning or building ordinance of the city, or any rule, regulation or order issued or promulgated pursuant thereto, and/or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of any zoning or building ordinance of the city, or any rule, regulation or order issued or promulgated pursuant thereto.

3. Any failure to comply with the provisions of the below listed titles and chapters of this code:

Titles

Chapters

5	All
6	6.24
8	All
9	All
10	All
11	11.04, 11.10, 11.28, 11.31
14	All
15	15.12, 15.20, 15.30
16	All
17	All
18	All
19	All

E. "Private Nuisance" means any nuisance condition that is not a public nuisance.

F. "Record Owner" means the person or persons described as the owner or owners of record of the parcel of land on which the nuisance is maintained, by the last equalized assessment roll or the supplemental roll, whichever is more current.

(Ord. 20-2203, § 3, 2020)