8.52.010 Definitions.
(1) For the purpose of this chapter, the most current adopted version of Section 12500 et seq. of the California Health and Safety Code (the “State Fireworks Law”) will define the terms used unless otherwise noted.
(2) With regard to the administrative fine procedure delineated in this chapter, the following definitions shall apply:
(a) “Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.
(b) “Citation” means an administrative citation issued pursuant to this section to remedy a violation.
(c) “Code” means the Cudahy Municipal Code.
(d) “Issuance” or “issued” means any of the following:
(i) The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure; or
(ii) Mailing of an administrative fine citation to the citee by certified mail, with return receipt, to the address shown on the official records of the county assessor; or
(iii) By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service, which may be accomplished by leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage prepaid, a copy to the recipient at the address where the copy was left.
(e) “Hearing officer” means the person appointed by the city manager to serve as the hearing officer for administrative hearings hereunder.
(f) “Person” means a natural person or a legal entity that is also an owner, tenant, lessee, and/or other person with any right to possession or control of the property where a violation of this code occurred.
(g) “Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian, or other person having the legal care, custody, or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor.
(h) “Violation” or “violates” refers to any violation of any provision of this chapter as well as the failure to comply with any additional requirement imposed on any license and/or approval issued to a person pursuant to this chapter. (Ord. 641 § 3, 2014).