Barstow |
Code of Ordinances |
Title 6. HEALTH AND SANITATION |
Chapter 6.30. ADMINISTRATIVE FINES AND PENALTIES |
§ 6.30.020. Definitions.
Unless specifically defined below, words or phases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
Administrative citation means a notice issued by an enforcement officer pursuant to this chapter that there has been a violation of the code or any code it adopts by reference, including a notice of noncorrection unless the context clearly indicates otherwise.
Building code violations means any violations of chapter 15.08.
Code commission means a commission of three or more people appointed by the city council to serve as the hearing authority.
Code violation means any violation of this Code, any code adopted by reference in this Code, or any other ordinance of the city.
Enforcement officer means an individual enumerated in section 1.01.160 and designated by the city manager to enforce the provisions of the code.
Hearing authority means the code commission; provided, however, that unless three or more individuals have been appointed by the city council to serve on the code commission and are currently serving in that capacity, then the city council shall appoint one or more hearing officers to serve as the hearing authority for a fixed term.
Issuance date means the day an administrative citation is personally served on a responsible person, is mailed to a responsible person or is posted on real property where a property related violation occurs.
Issue means to give, mail or post an administrative citation.
Notice of decision means a notice that informs a responsible person of a decision made pursuant to provisions of this chapter.
Notice of noncorrection means a notice contained in a second administrative citation issued for a building code violation that notifies the responsible person that the violation on the prior administrative citation has not been corrected within the applicable correction period.
Responsible person means any of the following:
(1)
An individual or legal entity causing a code violation.
(2)
An individual or legal entity that, by his or its action or failure to act, maintains or allows a code violation to continue.
(3)
An individual or legal entity whose agent, employee or independent contractor causes a code violation by his action or failure to act.
(4)
An owner of, or a lessee or sublessee with the current right of possession of, real property on which a code violation occurs.
(5)
An on-site manager of a business normally working daily at the site when the business is open and responsible for the activities at such business.
(6)
A natural person or legal entity, and the owners, majority stockholders, controlling owners, corporate officers, trustees and/or general partners of a legal entity that is a responsible person under subsections (1) through (5) of this definition.
(Code 1969, § 6.30.020; Ord. No. 789, § 1(part), 2003; Ord. No. 882-2011, § 2, 5-16-2011)