(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
BUILDING. A combination of materials to form a construction adapted to permanent or continuous occupancy for use for public, institutional, residence of two or more living units, business or storage purposes.
BUILDING CODE. The Building Code of the city.
COMMERCIAL BUSINESS. Any business which offers for sale goods or services, but excluding businesses of a manufacturing nature.
DETERIORATION. The condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
EXPOSED TO PUBLIC VIEW. Any premises, or any part thereof, or any building, or any part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, licensed open air parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES. Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
EXTERMINATION. The control and elimination of insects, rodents and vermin by eliminating their harborage places, or by removing or making inaccessible material that may serve as their food by poisoning, spraying, fumigating, trapping or by any other approved means of pest elimination.
FIRE CHIEF. The Fire Chief of the city.
FIRE HAZARD. (See also NUISANCE.) Any thing or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than reasonably necessary for the conduct of the commercial business on the premises or which may unreasonably obstruct, delay or hinder, or may unreasonably become the cause of an obstruction, a delay, a hazard or an unreasonable hindrance to the prevention, suppression or extinguishment of fire.
GARBAGE. (See also REFUSE.) Putrescible animal and vegetable waste resulting from handling, preparation, cooking and consumption of food.
HEALTH OFFICER. The Health Commissioner of the city.
INFESTATION. The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
MIXED OCCUPANCY. Any building containing one or more dwelling units or room units and also having a portion thereof devoted to non-dwelling uses.
NUISANCE.
(a) Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the state or the ordinances of the city;
(b) Any attractive nuisance which may prove detrimental to the health or safety of children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to, abandoned wells, shafts, abandoned basements, abandoned excavations, abandoned iceboxes, refrigerators, abandoned motor vehicles, any structurally unsound fences or structures, trash, debris or vegetation such as poison ivy, oak or sumac, which may prove a hazard for inquisitive minors;
(c) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the condition exists;
(d) Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this code; and
(e) Fire hazards.
OPERATOR. Any person who has charge, care or control of premises, or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the premises are actually occupied or not.
PLUMBING. All of the following supplies, facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower bath, installed clothes-washing machines, catch basins, vents and any other similar fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in conjunction with air conditioning equipment.
PREMISES. A lot, plot or parcel of land including the buildings or structures thereon, under control by the same operator, devoted to commercial business use, together with all adjacent land.
REFUSE. (See also GARBAGE.) Non-putrescible solid wastes consisting of both combustible and non-combustible wastes such as paper, wrappings, discarded cigarettes, used cardboard, used tin cans, yard clippings, leaves, scrap, wood, discarded glass, discarded bedding, broken crockery and similar materials.
SANITARY SEWER. Any sanitary sewer owned, operated and maintained by the city, and available for public use for the disposal of sewage.
SEWAGE. Waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture, equipment or machine.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that, the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished ceiling level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a STORY.
STRUCTURE. The combination of any materials, whether fixed or portable forming a construction, including buildings.
WASHROOMS. Enclosed space containing one or more bathtubs, showers or both, and which also includes toilets, lavatories or fixtures serving similar purposes.
WATER CLOSET COMPARTMENT. Enclosed space containing one or more toilets which may also contain one or more lavatories, urinals and other plumbing fixtures.
WEATHERING. Deterioration, decay or damage caused by exposure to the elements.
(B) Whenever any words are used in this code, they shall be construed, unless expressly stated to the contrary, to include the plurals of those words and/or as if they were followed by the words “or any part thereof”. “Shall” shall be applied retroactively as well as prospectively.
(Prior Code, § 1493.01) (Ord. 137-1981, passed 7-27-1981)