§ 1-35. Definitions
The following definitions apply to the use of these terms for the purposes of this chapter:
(a) Building violation shall mean any violation of this Code pertaining to building, housing, plumbing, electrical, or other similar structural or zoning regulations, including regulations set forth in Title 5 of this Code, that does not create an immediate danger to health or safety.
(b) Citation shall mean civil citation issued pursuant to this chapter stating there has been a violation of this Code. Citation includes a notice of noncorrection unless the context clearly shows otherwise.
(c) Citee shall mean person given a civil citation charging him or her as a responsible person for a Code violation.
(d) Code enforcement officer shall mean any city employee or agent of the city designated by the city council pursuant to section 1-33.1 to have the authority and responsibility to enforce certain provisions of this Code.
(e) Correction period shall mean the period of time allowed for a citee to correct a building violation shown on a civil citation.
(f) Department shall mean the Development Services Department of the City of Costa Mesa.
(g) Director shall mean the director of the department or his or her designee.
(h) Hearing officer shall mean the person appointed by the city manager to serve as the hearing officer for administrative reviews. Prior to conducting hearings the hearing officer must first be certified by the city attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience.
(i) Issued shall mean giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property related violation exists.
(j) Notice of decision shall mean a form prepared by the department used to inform a citee of the decision made regarding various provisions of this chapter.
(k) Notice of noncorrection shall mean a notice contained in the second citation issued for a building violation which notes the violation on the prior citation has not been corrected within the applicable correction period.
(l) Responsible person shall mean any of the following:
(1) A person who causes a code violation to occur.
(2) A person who maintains or allows a code violation to continue, by his or her action or failure to act.
(3) A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act.
(4) A person who is the owner of, lessee or sublessee with a current right of possession of, real property where a property related code violation occurs.
(5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises.
(6) A person who is the beneficiary under a deed of trust for the property where a property related violation exists and that person has not corrected the violation within thirty (30) days after being notified by the director in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown.
For purposes of this subdivision "person" includes a natural person or legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a legal rebuttable presumption that the record owner of a parcel according to the County of Orange's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises. For the purposes of this chapter, there may be more than one responsible person for a violation, and a minor at least fourteen (14) years of age may be a responsible person subject to the provisions of this chapter for a violation personally committed by the minor.
(Ord. No. 00-12, § 1, 7-16-00)