(a) Construction of Language. For the purpose of this Exterior Property Maintenance Code, certain terms or words shall be interpreted as follows:
(1) Words used in the singular shall include the plural, and the plural the singular;
(2) Words used in the present tense shall include the future tense;
(3) Words in the masculine gender shall include the feminine and neuter;
(4) The word “shall” is mandatory and not discretionary;
(5) The word “may” is permissive;
(6) The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for;”
(7) The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual; and
(8) The word “dwelling” includes the word “residence.”
(b) Definitions. All words used in this Exterior Property Maintenance Code shall have their customary meanings, except those specifically defined in this section.
(1) “Approved.” Approved by the code official.
(2) “Basement.” The portion of a building which is partly or completely below grade.
(3) “Blight.” Adverse condition; to have a deleterious effect on.
(4) “Building code.” The adopted Building Code(s), this Property Maintenance Code, or such other codes as may be officially designated by the City for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures.
(5) “Designated official.” The Chief Building Official, the Zoning Enforcement Officer and/or any other designee of the Safety Director.
(6) “Enforcement officer.” The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.
(7) “Condemn.” To adjudge unfit for occupancy.
(8) “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.
(9) “Exterior property areas.” The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(10) “Garbage.” Inter alia, the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(11) “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.
(12) “Imminent danger.” A condition which could cause serious or life- threatening injury or death at any time.
(13) “Junk or inoperable vehicle.” A vehicle, including but not limited to cars, trucks, buses, trailers, and boats. A vehicle shall be deemed junk or inoperable whenever any of the following occurs:
A. The vehicle is without a valid registration and/or license plate;
B. The vehicle is apparently inoperable;
C. The vehicle is without fully inflated tires and/or has any type of support under it; or
D. The vehicle has a substantially damaged or missing window, windshield, door, motor, transmission, or other similar major part.
(14) “Occupant.” The person or persons in actual physical possession of the premises. This includes tenants, lessees and the like.
(15) “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.
(16) “Person.” An individual, corporation, partnership or any other group acting as a unit.
(17) “Premises.” A lot, plot, or parcel of land including the buildings or structures thereon.
(18) “Public nuisance.” Includes the following:
A. The physical condition, or use of any premises regarded as a public nuisance at common law;
B. Any physical condition, use, or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to junk, inoperable or unlicensed vehicles, abandoned wells, shafts, basements, excavations, abandoned refrigerators, and unsafe fences or structures;
C. Any premises designated as unsafe for human habitation or use;
D. Any premises, which is manifestly capable of being a fire hazard or is manifestly unsafe or unsecured as to endanger life, limb or property;
E. Any premises which is littered with rubbish or garbage;
F. Any structure or building that is in a state of dilapidation, deterioration or decay; open, vacant, or abandoned; damaged by fire to the extent as not to provide shelter; in danger of collapse or failure, and is dangerous to anyone on or near the premises.
(19) “Reasonable amount of time.” Not less than 24 hours nor more than six months. Any time period set by the designated code official is presumed to be reasonable if it is within these parameters.
(20) “Rubbish.” Both combustible and non-combustible waste materials, including, but not limited to, car parts, motors, and abandoned appliances. The term shall also include rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, excessive yard waste, and other similar materials, as well as the residue from the burning of wood, coal, and other combustible materials.
(21) “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.
(22) “Structure.” That which is built or constructed or a portion thereof.
(23) “Workmanlike.” Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
(24) “Yard.” An open space on the same lot with a structure.
(Ord. 158-05. Passed 11-14-05; Ord. 127-09. Passed 12-14-09.)