§ 9-9.104. Definitions Used Within this Chapter.

(a)

Building or structure means and includes, but is not limited to, any house, garage, carport, duplex, apartment, condominium, mobile home, storage shed, any commercial establishment, warehouse, fence, wall or other structures affixed to or upon real property, or any assemblage of materials on private property of another for the purpose of human habitation.

(b)

City means the area within the territorial city limits of the City of Modesto and all territory outside of the City over which the City has jurisdiction by virtue of any constitutional or Charter provisions, or any ordinance or law.

(c)

City Manager means the Manager of the City, the Deputy City Manager, or any person or persons designated by the City Manager to act in his/her stead in connection with this chapter.

(d)

Director means and includes each of the directors of the City departments which are now or may in the future be charged with the enforcement of this Code.

(e)

Code Enforcement Officer means any City employee designated by any Director or by the City Manager to enforce the provisions of this Code. Such employees may be employed in any City department.

(f)

Exterior property shall mean the open space on the premises and on adjoining property under the control of owners or operators of such premises.

(g)

Extermination shall mean the control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

(h)

Fire hazard means a fire hazard as determine by the Fire Chief or his/her designee.

(i)

Health hazard means a health hazard as determined by the Health Officer or his/her designee.

(j)

Hearing Officer means any person appointed by the City Manager to preside over administrative enforcement hearings held pursuant to this chapter.

(k)

Inoperable motor vehicle means any vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

(l)

Infestation shall mean the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

(m)

Junk means any of the following objects or materials upon a property if such object or material is left, placed, kept, exposed, or stored in public view for more than one-half (½) of any continuous ten (10) day period. Materials described below which are upon the property of a properly zoned business and which constitute lawfully stored or displayed merchandise or services of said business are excluded from article:

(1)

An accumulation of dirt, soil, rock, gravel, bark, humus, sod, or other similar natural material; providing, however, the accumulation of such material which is an integral part of an organized landscape design, or which is part of an incomplete project, is excluded from this definition if the excess or the residue of such accumulation is completely removed from the property by the completion of the building or landscaping project. A project shall be deemed completed if there is no obvious change to the accumulation or to the project in any thirty (30) day period.

(2)

Construction or packing material or supplies, including, but not limited to, lumber, dry wall, roofing tile, cement, nails, pallets, plywood, scrap lumber, or other building materials, products, or supplies; electrical, irrigation or plumbing supplies; provided, however, that a reasonable quantity of these materials and supplies is excluded from this definition during active construction upon the subject property. A project shall be deemed active if there is obvious change to the accumulation or to the project in any thirty (30) day period.

(3)

Firewood greater than thirty-six (36) inches in length and greater than twenty-four (24) inches in diameter; all firewood that is not stacked.

(4)

An accumulation of aluminum cans, newspaper, plastic bottles, glass, cardboard or cardboard boxes, or an accumulation of other recyclable materials that has been stored in public view for more than one-half (½) of any continuous ten (10) day period.

(5)

Any appliance, tool, equipment, furniture, furnishing, or other item of personal property including, but not limited to, any couch, love seat, sofa, sofa bed, recliner, hassock, upholstered chair, mattress, bed springs, box springs, bed frame, headboard, desk, dresser, bureau, cabinet, television, radio, stereo, stove, refrigerator, freezer, dish washer, washing machine, dryer, shopping cart, sinks, toilets, or any similar item, whether or not any such item is broken or abandoned, resting or being stored on the premises in public view for more than one-half (½) of any continuous ten (10) day period.

(6)

Any item or items or personal property, of any size and of any quantity, which are littered on or scattered upon or about the property in a random, haphazard, aimless, disarrayed, or disorganized manner, so as to cause a public nuisance for more than one-half (½) of any continuous ten (10) day period.

(7)

Any accumulation of parts from any motorized and non-motorized vehicle, equipment, aircraft or cycles, including, but not limited to, tires, wheels, body parts, motors, transitions, upholstery or any similar item, whether or not any such item is broken or abandoned, resting or being stored on the premises in public view for more than one-half (½) of any continuous ten (10) day period.

(n)

Nuisance vegetation means any of the following:

(1)

Dry grass, stubble, hay, brush, any dry or dead plant, bush, shrub, tree, or other dry vegetation which present a visual blight upon the area, which may harbor insect or rodent infestations or which may likely become a fire hazard or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants. Accumulated vegetative materials which comply with all regulations of the Pruned Refuse Collection Program of the City of Modesto (Sections 4-7.1101 to 4-7.1108 of this Code) are excluded from this definition; or

(2)

Any plant or grass, whether growing or dormant, which bears downy or winged seeds; or

(3)

Poison oak (Rhus diversiloba) or poison ivy (Rhus toxicodendron); or

(4)

Overgrown vegetation, whether living, dormant, dead, cultured or uncultured, which encroaches into the public right-of-way or renders that right-of-way unsafe by blocking vision or can otherwise be hazardous to pedestrian or vehicular traffic or which is capable of harboring insects, rats, mice, or other vermin, or other similar conditions which are dangerous to the public health or welfare or which are hazardous to pedestrian or vehicular traffic. Grass or weeds must not grow to a height or bulk that creates a traffic, pedestrian, or fire hazard or which is a blight on the neighborhood, and in no event taller than twelve (12) inches above ground level; or

(5)

Any tree or other vegetation which is dead, decayed, infected, diseased, infested with or in danger of becoming infested with, objectionable insects, parasites, scale, or fungus, or which is otherwise a hazard to public safety and welfare. Accumulated vegetative materials which comply with all regulations of the pruned refuse collection program of the City (Sections 4-7.1101 to 4-7.1108 of this Code) are excluded from this definition; or

(6)

Any tree, plant, vine, or foliage, whether living, dormant, or dead, that is otherwise noxious, dangerous or injurious to people or to city trees, or that interferes with the maintenance or inspection of a City tree; or

(7)

Tumbleweeds (amaranths) and other similar vegetation which characteristically break away from their roots at maturity and can be blown by the wind to create hazards to pedestrian or vehicular traffic.

(o)

Person means any natural person, firm, association, business, or organization, corporation, partnership, trust, estate, or any other legal entity recognized by law as the subject of legal rights or duties.

(p)

Property means any parcel of land which is identified in the secured roll of the Stanislaus County Assessor, all residential, commercial and other real property, including, but not limited to, front yards, side yards, backyards, driveways, walkways, alleys, sidewalks, and shall include any building or structure whether fixed or moveable, located on such property.

(q)

Property owner means the record owner of real property as listed in the most current equalized assessment roll as maintained by the Stanislaus County Assessor.

(r)

Responsible party means any occupant, lessor, lessee, manager, licensee, or other person having control over a property, including any structure or parcel of land. A responsible party may be a property owner.

(s)

Repair shop means any location at which any type of repair, alteration or modification is performed on any vehicle, equipment, apparatus, machinery, or device of which the owner is not a resident of the property on which such work is being performed.

(t)

Violation means a violation of any provision of this Code by any property owner or any responsible party.

(u)

Visual blight means any unreasonable or unlawful condition or use of premises or of a building exterior which, by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the surrounding area and the property of others, or is detrimental to the health, safety and welfare of individuals residing within the community.

(v)

Zoning regulations means any provisions of Title 10 of this Code, also known as the land use code.

(Added by Ord. 3512-C.S., § 2, effective 6-12-09)