§ 159.005  DEFINITIONS.
   (A)   Scope.  Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
   (B)   Interchangeability.  Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
   (C)   Terms defined in other code.  Where terms are not defined in this code and are defined in other codes that apply to the village, such terms shall have the meanings ascribed to them as in those codes.
   (D)   Terms not defined.  Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
   (E)   Parts.  Whenever the words DWELLING UNIT, DWELLING, PREMISES, BUILDING, ROOMING HOUSE, ROOMING UNIT, HOUSEKEEPING UNIT, or STORY are stated in this code, they shall be construed as though they were followed by the words OR ANY PART THEREOF.
   (F)   General definitions.
      ACCESSORY STRUCTURE.  A structure which is subordinate to and incidental to that of the main building on the same lot.
      APPROVED.  Approved by the Enforcement Officer.
      BASEMENT.  That portion of a building which is partly or completely below grade.
      BATHROOM.  A room containing plumbing fixtures including a bathtub or shower.
      BEDROOM.  Any room or space used or intended to be used for sleeping purposes.
      BUILDING.  Any permanent or stationary structure having a roof supported by columns or walls.
      BUILDING CODE.  The most current addition of the State of Ohio Building Code, or such other code as may be officially designated by the Hamilton County Commissioners for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures.
      CONDEMN.  To adjudge unfit for occupancy.
      DWELLING UNIT.  A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
      EASEMENT.  That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
      ENFORCEMENT OFFICER.  The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
      EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
      EXTERMINATION.  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, and trapping or any other approved pest elimination methods.
      GARBAGE.  The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
      GRADED.  The leveling of land to intended height by removing high ground and filling low ground. All dirt fill shall be brought to the same level.
      GUARD.  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.  Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
      HOUSEKEEPING UNIT.  A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
      IMMINENT DANGER.  A condition which could cause serious or life-threatening injury or death at any time.
      INFESTATION.  The presence, within or contiguous to, a structure or premise of insects, rats or other vermin or other pests.
      INOPERABLE MOTOR VEHICLE.  A vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
      LABELED.  Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
      LET FOR OCCUPANCY OR LET.  To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
      OCCUPANCY.  The purpose for which a building or portion thereof is utilized or occupied.
      OCCUPANT.  Any individual living or sleeping in a building, or having possession of a space within a building.
      OPENABLE AREA.  That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
      OPERATOR.  Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
      OWNER.  Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
      PERSON.  An individual, corporation, partnership or any group acting as a unit.
      PREMISES.  A lot, plot or parcel of land, easement or public way, including any structures thereon.
      PUBLIC WAY.  Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
      ROOMING HOUSE.  A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two- family dwelling.
      ROOMING UNIT.  Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
      RUBBISH.  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, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
      STRICT LIABILITY OFFENSE.  An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
      STRUCTURE.  That which is built or constructed or a portion thereof.
      TENANT.  A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
      TOILET ROOM.  A room containing a water closet or urinal, but not a bathtub or shower.
      VENTILATION.  The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
      WOODLAND AREA.  An area in its natural state populated by trees and other forest growth.
      WORKMANLIKE.  Executed in a skilled manner, e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.
      YARD.  An open space on the same lot with a structure.
(Ord. 2007-16, passed 7-16-07)