§11.0210 Definitions Applicable to Code Generally
The following words and phrases whenever used in this Code shall be construed as defined in this section 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 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 Code Enforcement Lien.
“Abatement Notice” means a notice issued by a Director which requires a Responsible Person to abate a public nuisance.
“Cash Deposit” means that whenever a cash deposit is required as a condition of an application for activity related to a construction project under this Code, the term “cash” also includes certificates of deposit and assigned securities in the form of savings accounts.
“City” means the area within the territorial city limits of The City of San Diego and such territory outside of this City over which the City has jurisdiction or control by virtue of any Constitutional or Charter provisions, or any law.
“Code Enforcement 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.
“Code Enforcement Performance Bond” means a bond posted by a Responsible Person to ensure compliance with the Municipal Code, applicable state codes, a judicial action or Administrative Enforcement Order.
“Council” means the City Council of this City.
“Director” means the City Manager, any Department Directors, and any of their designated agents or representatives.
“Enforcement Hearing Officer” means any person appointed by the City Manager to preside over administrative enforcement hearings.
“Enforcement Official” means any person authorized to enforce violations of the Municipal Code or applicable state codes, including the City Treasurer.
“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 abatement and civil penalties actions which provides notice of 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 issued by a Director representing that a property complies with the criteria set forth in Section 12.1007 of this Code.
“Notice Of Satisfaction” means a document or form, approved by the City Manager, which indicates that all outstanding civil penalties and 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.
“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 Municipal Code.
“Oath” includes affirmations and oaths.
“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.
“Property Owner” means the record owner of real property based on the County Assessor’s records.
“Public Nuisance” means any condition caused, maintained or permitted to exist 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. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479.
“Responsible Person” means a person who a Director determines is responsible for causing or maintaining a public nuisance or a violation of the Municipal 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.
“Written” includes printed, typewritten, mimeographed, multigraphed, printout by computer, facsimile and those items listed in California Evidence Code Section 250.
(Amended 2–13–1995 by O–18161 N.S.)
(Amended 4-14-2021 by O-21305 N.S.; effective 5-29-2021.)
