"Abatement order" and "administrative order" shall mean an order issued by a code official or by a hearing officer following an appeal hearing or an order to show cause hearing.

"Administrative costs" shall mean that segment of costs of abatement that includes staff time expended that was reasonably related to enforcement activities under Chapters 1.10 through 1.16. Administrative costs shall include, but not be limited to, site inspections and reinspections, third-party inspections, investigations, printing, research, preparation of summaries, reports, notices, and the time and expense of preparing for and attending meetings and/or hearings related to abatement proceedings. The hourly rate for staff time shall be set by the city council and may be revised from time to time.

"Affected property" shall mean any real property or portions thereof within city boundaries, including any buildings or other improvements located on such property, where nuisance conditions or other code violations allegedly exist or have previously existed.

"Approved" shall mean approved by the code official.

"Basement" shall mean that portion of a building which is partly or completely below grade.

"Bathroom" shall mean a room containing plumbing fixtures including a bathtub or shower.

"Bedroom" shall mean any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

"Blight" or "blighted" shall mean unsightly conditions, including, but not limited to: the accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling, or rusting; landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged; and the exterior visible use or display of tarps, plastic sheeting, or similar materials as flexible or inflexible screening, fencing, wall covering, or roofing upon a residential lot, regardless of the condition of other properties in the neighborhood.

"Building code" shall mean the uniform codes adopted in Title 17 that regulate the design, construction, and the quality of materials, use, and occupancy, location, and maintenance of all building and structures within the city.

"City" shall mean the city of Petaluma.

"Code" or "this code" shall mean the city’s municipal code, zoning ordinance, all uniform codes that have been incorporated into the city’s municipal code, and any applicable local, state or federal laws and regulations that are or may be enforced by the city, including without limitation the State Housing Law (Health and Safety Code Section 17910 et seq.).

"Code official" shall mean the official who is charged with the administration and enforcement of this code, or any duly authorized representative.

"Compliance" shall mean all actions required to remove, alleviate, eliminate, halt, or mitigate a nuisance condition or other violation of this code in the manner and in the time frame prescribed by an enforcement officer, hearing officer, or city council.

"Condemn" shall mean to adjudge unfit for occupancy.

"Costs of abatement" shall mean all costs incurred by the city in connection with achieving compliance with an abatement order, including, but not limited to, any cost incurred by the city in performing or contracting for work required to achieve compliance with an abatement order, administrative costs, and costs of prosecuting any nuisance condition or other violation of this code, including attorneys’ fees, all as permitted by law.

"Day" or "days" shall mean calendar days.

"Debris" shall mean an accumulation of materials having little or no apparent value or utility, including, but not limited to: deteriorated lumber; old newspapers; furniture parts; stoves; sinks; cabinets; household fixtures; refrigerators; car parts; abandoned, broken or neglected equipment; unstacked firewood; or lack of maintenance.

"Deterioration" shall mean a lowering in quality of the condition or appearance of a building, structure or premises or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, damage, neglect, or lack of maintenance.

"Dwelling unit" shall mean a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities.

Electrical Code. See "Building code."

"Enforcement action" shall mean any notice of violation, hearing, citation, investigation, complaint or petition, or any administrative or judicial order under authority of Chapters 1.10 through 1.16 or pursuant to any other legal authority.

"Enforcement officer" means any person authorized or directed by the city manager to enforce any provision of this code, including any peace officer. In addition to any other powers conferred upon him or her by this code or by any other law, an enforcement officer shall have the authority to issue a notice to appear, issue an administrative citation, or issue a notice of violation, if the enforcement officer has cause to believe that a violation of this code was, or is being, committed or that any nuisance conditions exist.

"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.

"Exterior opening" shall mean any open or closed window, door, or passage between interior and exterior spaces.

Fire Code. See "Building code."

"Garbage" shall mean the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

"Guard" shall mean a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

"Habitable space" shall mean space in structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

"Health officer" shall mean a representative of the Sonoma County health department who is authorized to enforce the health regulations in the city of Petaluma.

"Hearing officer" shall mean any person or persons appointed by the city council, or by any person designated by the city council to make the appointment, to conduct a hearing pursuant to Chapters 1.10 through 1.16.

"Hot water" shall mean water supplied to a plumbing fixture at a temperature of not less than one hundred twenty degrees Fahrenheit (forty-nine degrees Celsius).

"Imminent hazard" or "imminent danger" shall mean any condition associated with real property that places a person’s life, health, or property in high risk of peril when such a condition is immediate, impending, or on the point of happening or menacing.

"Infestation" shall mean the apparent presence of unpleasant, damaging, or unhealthful insects, rodents, reptiles, or pests.

"Inoperative vehicle" shall mean any vehicle which requires licensing through the Department of Motor Vehicles which cannot legally be driven upon the public streets for any reason including but not limited to being unlicensed, non-operative status, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

"Luminaire" shall mean a tungsten, incandescent, or fluorescent light fitting.

Mechanical Code. See "Building code."

"Nuisance condition" shall mean any condition described in Civil Code Section 3479 or this chapter, and shall also include, but not be limited to, any violation of this code.

"Occupancy" shall mean the purpose for which a building or portion thereof is utilized or occupied.

"Occupant" shall mean the person or persons having a right of present possession of the affected property, if other than the owner, including without limitation tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), or any authorized agent of same.

"Owner" shall mean the owner(s) of record of the affected property, and shall include any authorized agent(s) of the owner(s) of record.

"Penalty" shall mean an administrative fine or penalty imposed on the responsible party, pursuant to Sections 1.14.050 and 1.16.020.

Plumbing Code. See "Building code."

"Pond" or "pool" shall mean a body of water that is in excess of twenty-four inches deep.

"Premises" shall mean a lot, plot or parcel of land, easement or public way, including any structures located thereon.

"Responsible party" shall mean any person, firm, association, club or organization (including informal clubs or organizations), corporation, partnership, trust(ee), or entity, and a parent or legal guardian of any person(s) under eighteen years of age, whose acts or omissions have caused or contributed to a violation of this code, and shall include any owner(s) or occupant(s) of the affected property.

"Rubbish" shall mean combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, mineral matter, glass, crockery and dust and other similar materials.

"Sleeping unit" shall mean a room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms that are also part of a dwelling unit are not sleeping units.

"Smoke detector" shall mean an approved detector that senses visible or invisible particles of combustion.

"Sound condition" shall mean any structure, building, or component that is in a condition to withstand designed or anticipated loads. This would include maintenance for weather protection, free of deterioration and damage.

"Structure" shall mean that which is built or constructed or a portion thereof.

"Structure unfit for human occupancy" shall mean a structure that is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

"This chapter" shall mean these code enforcement chapters (Chapters 1.10 through 1.16) as enacted and as the same may be amended from time to time.

"Toilet room" shall mean a room containing a water closet or urinal but not a bathtub or shower.

"Unlawful structure" shall mean a structure that is found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

"Unsafe equipment" shall mean any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

"Unsafe structure" shall mean a structure that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because the structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.

"Vegetation" shall mean plant life of any kind, whether living or dead, characterized as grass, weeds, bushes, shrubs, and trees.

"Vehicle" shall mean any vehicle which requires licensing through the Department of Motor Vehicles.

"Ventilation" shall mean the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

"Weed" shall mean a useless and troublesome plant generally accepted as having no value and frequently of uncontrolled growth, not including native vegetation.

"Workmanlike" shall mean work that is executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

"Yard" shall mean an open space on the same lot with a structure.