§ 1.16.010. Definitions.

As used in this chapter, the following terms shall have the following meanings:

A.

Abatement costs. Any costs, fees or expenses, including county staff time reasonably related to the abatement of conditions which violate land use ordinances, and shall include, but not be limited to, enforcement, investigation, summaries, reports, notices, telephonic contact, correspondence, mailing expense, title search costs, administrative costs including scheduling and participation at hearings, expenses incurred by the county, court costs, civil or administrative penalties, collection, attorneys' fees, sheriff's costs, and other costs associated with the removal, abatement or correction of a violation. Abatement costs do not include the code enforcement department's costs and fees that are included in the abatement fee, code violation fee, noncompliance fee, modification fee or extension fee which, if applicable, shall be imposed separately, and in addition to, any abatement costs.

B.

Abatement fee. The fee set by the board of supervisors and imposed by the code enforcement department against a property as a result of either:

(1)

The application for a warrant from a court of competent jurisdiction or the physical abatement of the nuisance by county personnel, or by private contractor under the direction of the enforcement officer. The enforcement officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for the purposes of undertaking the nuisance abatement work by removing, destroying and properly disposing of the public nuisance; or

(2)

The commencement of a civil action to redress, enjoin and abate the public nuisance.

The abatement fee covers reasonable costs incurred by the code enforcement department for activities completed by the code enforcement department to begin the abatement process, either administratively or through a civil action, for violations that have not come into compliance with the land use ordinances. The current abatement fee is one thousand six hundred sixty-five dollars and eighty-six cents ($1,665.86). The abatement fee does not include the abatement costs.

C.

Administrative hearing officer. Either the board of supervisors, county hearing officer established pursuant to Ordinance No. 643 or county hearing board, as the entity conducting a hearing authorized by this chapter and issuing a written order or decision.

D.

Code violation fee. The fee set by the board of supervisors and imposed by the code enforcement department against a property whenever the enforcement officer conducts an inspection and issues a "notice of violation and order to abate public nuisance" after verification of violation(s) of a provision(s) of the land use ordinances, codes or state law enforced by the code enforcement department. The code violation fee covers reasonable costs for activities incurred by the code enforcement department from the initial inspection to the issuance of the "notice of violation and order to abate public nuisance." The current code violation fee is four hundred fifty dollars and four cents ($450.04).

E.

Enforcement officer. The Transportation and Land Management Agency (TLMA) Director, the TLMA Assistant Director-Community Development, Community Health Agency Director, building official, the TLMA Deputy Director-Code Enforcement Department, environmental health department director, department of animal services director, agricultural commissioner, fire chief, clerk of the board of supervisors, sheriff and their designees.

F.

Extension fee. The fee set by the board of supervisors and imposed by the code enforcement department against a property whenever additional time beyond the compliance period is requested by a property owner or any other responsible party to complete corrective actions. An application for an extension and payment of the extension fee is required, as well as the enforcement officer's approval of the application. The extension fee covers reasonable costs incurred by the code enforcement department for activities incurred by the code enforcement department to provide an extension and conduct a subsequent inspection to assess the status of the violation to confirm if a violation has been resolved. The current extension fee is two hundred forty-seven dollars and forty cents ($247.40).

G.

Hearing fee. The fee set by the board of supervisors and imposed by the code enforcement department for the filing, processing, and handling of the administrative hearings under this chapter. The current hearing fee is eight hundred seventy-eight dollars and fifty cents ($878.50).

H.

Land use ordinance(s). Riverside County Ordinance Nos. 348, 413, 421, 427, 449, 457, 458, 460, 465, 492, 508, 520, 523, 525, 527, 541, 551, 555, 559, 576, 578, 580, 593, 615, 617, 630, 640, 650, 651, 655, 657, 660, 679, 682, 689, 695, 704, 712, 742, 743, 745,754, 771, 806, 812, 817, 830, 853, 857, 878, 881, 923, 924, 925, 927 and 928.

I.

Noncompliance fee. The fee set by the board of supervisors and imposed by the code enforcement department against a property upon issuance of a notice of pendency of administrative proceedings or a notice of noncompliance for failure of a property owner or any other responsible party to correct a violation after receipt of a "notice of violation and order to abate public nuisance." The noncompliance fee covers reasonable costs incurred by the code enforcement department for activities completed by the department after a subsequent inspection to confirm a remaining violation, as well as to cover the reasonable cost of preparing the notice of pendency of administrative proceedings and then releasing the notice of pendency when the violation has been resolved. The current noncompliance fee is six hundred thirty dollars and twenty-four cents ($630.24).

j.

Notice of violation. The notice of violation and order to abate issued by the enforcement officer.

k.

Permit. Any document issued by the county granting a person a license or right to do something, including but not limited to building permits, conditional use permits, plot plans, public use permits, variances, WECS permit or accessory WECS permit or other development or land use approvals or permits, or any grant of authority to do a thing or maintain or otherwise use real property in a manner not forbidden by law, but not allowable without such authority.

L.

Person. Any natural person, joint venture, joint stock company, firm, association, club, organization, corporation, partnership, business, trust, company or other entity which is recognized by law as the subject of rights or duties, or the manager, lessee, agent, servant, officer or employee of any of them.

M.

responsible party. Shall include any of the following:

(1)

Each person committing the violation or causing a condition on a parcel of real property located within the jurisdiction of the County of Riverside which violates a land use ordinance; or

(2)

Each person who has an ownership interest in that parcel of real property; or

(3)

Each person who, although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that parcel of real property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed the responsible party; or

(4)

In the event the violation or violating condition is most reasonably attributable to a business, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall be deemed responsible parties.

(Ord. No. 725.14, § 1, 3-15-2011; Ord. No. 725.15, § 2, 12-11-2018)