Chapter 4.01


4.01.010    Definitions.

4.01.010 Definitions.

As used in this title, the following shall have the following meanings.

“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.

“Abatement notice” means a notice issued by a director, which requires a responsible person to abate a public nuisance.

“Administrative enforcement order” means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien.

“Code enforcement performance bond” means a bond posted by a responsible person to ensure compliance with the Capitola Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.

“Enforcement hearing officer” or “hearing officer” means any person appointed by the city manager to preside over administrative enforcement hearings or, alternatively, in matters concerning real property, the planning commission or planning commission subcommittee designated to conduct administrative enforcement hearings.

“Enforcement official” means any person authorized to enforce violations of the Capitola Municipal Code or applicable state codes.

“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 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 abatement and civil penalties actions which provides notice of Capitola Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.

“Notice of compliance” means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement.

“Notice of violation” means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the Capitola Municipal Code.

“Nuisance abatement lien” means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.

“Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, 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.

“Property owner” means the record owner of real property based on the county assessor’s records.

“Public nuisance” means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety, or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passers by, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this code or any other city, state, or federal law or regulation.

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

“Written” includes printed, typewritten, mimeographed, multigraphed, photocopied, facsimile, and any other item of writing as listed in California Evidence Code Section 250. (Ord. 867 § 1, 2004; Ord. 852 § 2, 2003)