§ 3.108.020. Definitions.

For the purposes of this chapter 3.108, the following words and phrases shall have the meanings set forth herein:

(a)

"Code enforcement activities" are activities initiated by the County of San Mateo to determine the condition and/or legal conformity or nonconformity of a dwelling and to require the property owner to make necessary repairs to the dwelling, to vacate the dwelling, or to take other action as necessary to bring the dwelling into compliance with applicable state or local zoning, building, and/or housing standards, and/or other technical codes adopted and enforced by the County for existing residential properties.

(b)

"Declaration of substandard condition" means a declaration, notice, or order executed by an Enforcement Officer under the authority of the applicable provision of law declaring that a dwelling is substandard.

(c)

"Definitive steps" means specific actions taken by a tenant household indicating an intent to move from a dwelling or room during an expected displacement period, such as entering into contracts or incurring expenses directly related to the anticipated move from the dwelling or room, and which can be substantiated with reasonably probative documentation (such as bills, invoices, rental agreements, estimates, etc.).

(d)

"Dwelling" means any structure that a person uses as a place of permanent or customary abode in the unincorporated area of the County, including, but not limited to, a single-family dwelling, a unit in multifamily or multipurpose dwelling, a unit of a condominium or cooperative housing project, a mobile home as herein defined, a garage or shed, or any other unit or property that is considered to be real property under state law. A dwelling is any structure that is actually used for residential purposes regardless of whether the structure is decent, safe or sanitary and regardless of whether the actual residential use is legally permitted or conforming under any applicable laws or regulations.

(e)

"Department" means the San Mateo County Planning and Building Department.

(f)

"Director" means the head of the Department, or his or her designee.

(g)

"Enforcement Officer" means any County employee or agent of the County whose position requires enforcement of any provision of the San Mateo County Ordinance Code, any County ordinance or any state law or regulation related to zoning, building or housing standards, and/or other technical codes adopted by the County for existing residential properties including, but not limited to, code compliance officers, building officials and environmental health specialists.

(h)

"Mobile home" means a mobile home as defined in Section 798.3 of the California Civil Code.

(i)

"Noncomplying dwelling or room" means a dwelling or room in the unincorporated area of the County which has been found or determined by an Enforcement Officer to be substandard, blighted, unsafe, a public nuisance, a drug nuisance, or otherwise not in conformity with applicable state or local zoning, building and/or housing standards and/or other technical codes adopted and enforced by the County for existing residential properties; and "noncomplying condition" or "noncompliance" means any physical condition or use with respect to the dwelling or room that contributes to such finding or determination.

(j)

"Notice to abate life-threatening condition" means a notice and/or order to abate a substandard or noncomplying condition issued by the County pursuant to its code enforcement activities, however such notice or order is denominated, that indicates on its face that a life threatening condition is present.

(k)

"Notice to vacate" means a notice and/or order, however denominated, issued by the County or a court of competent jurisdiction to a property owner and/or a tenant household pursuant to the County's code enforcement activities requiring that a dwelling or room be vacated, either immediately or at some future specified time, as a result of a determination that such dwelling or room fails to comply with applicable building, housing, zoning, or other code standards. For purposes of this chapter, a "Notice to Vacate" includes a complaint or action filed by the County with a court of competent jurisdiction and served on the property owner pursuant to the County's code enforcement activities whereby the County asks for vacation of the property as requested relief.

(l)

"Permanent displacement" means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the building), in the judgment of the Enforcement Officer, cannot foreseeably be brought into code compliance or will not otherwise be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and the property owner have agreed that the displacement shall be permanent.

(m)

"Property owner" means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. In the case of multiple ownership of the subject real property, "property owner" means each entity holding any portion of the fee interest in the property and the property owner's obligations in this chapter shall be joint and several as to each property owner.

(n)

"Room" means an unsubdivided portion of the interior of a dwelling in the unincorporated area of the County which is used for the purpose of sleeping, and is occupied by a tenant household for at least thirty (30) consecutive days. This includes, but is not limited to, a single room occupancy (SRO) living space. This definition applies to any space that is actually used for residential purposes regardless of whether the structure is decent, safe or sanitary and regardless of whether the actual residential use is legally permitted or conforming under any applicable laws or regulations.

(o)

"Temporary displacement" means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the same building) will foreseeably be brought into code compliance and be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and property owner have otherwise agreed that the displacement shall be considered temporary.

(p)

"Tenant household" means one or more individuals who rent or lease a dwelling or room as their primary residence and who share living expenses.

(Ord. No. 04773, § 2, 2-14-2017; Ord. No. 04795, § 2, 2-27-2018)