For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where terms are not defined under the provisions of this chapter, they shall have ascribed to them their meaning as set forth in the definitions contained in the Zoning Code of this Municipality. If the terms are not defined under the Zoning Code, they shall have ascribed to them their ordinarily accepted meanings or meanings as the context may imply. Where questions arise as to the meaning of terms not defined, the Property Maintenance Officer shall determine the implied meaning. For further amplification and clarity of interpretation, the following rules of word use shall apply: words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural the singular.
(a) "Accessory structure" means a structure, whether temporary or permanent, the use of which is incidental and secondary to that of a principal building and which is located on the same premises.
(b) "Building" or "structure" includes the word "premises."
(c) "Deterioration" refers to a diminution of quality, character, or value of a structure because of lack of maintenance. The deterioration, if left unchecked, can lead to dilapidation. Deterioration is frequently the result of inadequate paint protection, faulty roofing, faulty gutters and downspouts, deteriorating screening, loose doors and windows, access by or infestation by vermin, blockage of drains, inadequate structural support systems, and the like.
(d) "Dilapidation" refers to structures evidencing a state of ruin, decay, or disrepair. The severity of dilapidation shall be judged by examination of major structural components like foundations, bearing walls, floor joints, rafters, and roofs, and by examination of minor structural components like windows, doors, siding, roofing, and guttering. The sources of dilapidation will not necessarily be included within the preceding lists of structural components. The term implies a hazard to life or property.
(e) "Property Maintenance Officer" refers to the Municipal Manager or his designee for Property Maintenance Code enforcement activity. The term may also refer to representatives of the Dayton-Montgomery County Combined General Health District when personnel are acting on behalf of the Municipality. “P.M.” shall be an abbreviation in referring back to Property Maintenance Officer.
(f) "Lot" includes the words "zoning lot," "piece," "parcel," and "plot."
(g) "May " is permissive.
(h) "Owner" means the owner of record of the premises of fee or lesser estate therein, a mortgagee, vendee in possession, land contract purchaser, assignee of the rents, receiver, executor, administrator, trustee, or lessee, as determined by an examination of the public records of the County, or any other person, firm, or corporation in control of a building or their duly authorized agents.
(i) "Premises" means a lot, plot, or parcel of land, including all buildings or structures thereon, and including the area known as the parkway or tree lawn, situated between the sidewalk and the street or the front, side, or rear lot line adjoining the street and extending along the front, back, or sides of such a lot, plot, or parcel of land.
(j) "Refuse and waste" means unused or discarded matter and material having no substantial market value, and which includes, among other items: rubbish, refuse, debris, and similar matter including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery, or parts, scrap metal and inoperative motor vehicles and parts, trimmings from plants and trees, cans, bottles, and barrels.
(k) "Shall" is mandatory and not discretionary.
(l) "Structure” means an assembly of materials forming a construction or occupancy or use including among others: buildings, stadiums, gospel and circus tents, reviewing stands, platforms, observation towers, radio towers, water tanks, swimming pools and their enclosures, domes such as plastic, geodesic, air-supported, and the like, open sheds, coal bins, shelters, fences, and display signs. (Ord. 1990-04. Passed 6-19-90.)