(A) Construction of language.
(1) Scope. Unless otherwise expressly stated, the following terms, for the purposes of this Property Maintenance Code, shall have the meanings shown in this section on definitions.
(2) Terms defined in other codes. Where terms are not defined in this subchapter, but are defined in the codes referenced herein, such terms shall have the meanings ascribed to them as in those codes.
(3) Reference. “A Glossary of Zoning, Development and Planning Terms” from American Planning Association, Planning Advisory Service, Report Number 491/492, or any updated version of said publication shall be referred to in defining other terms not specifically included in this section on definitions.
(4) Terms not defined. Where terms are not defined through the methods authorized by the section, such terms shall have ordinarily accepted meanings such as the context implies.
(5) Parts. Whenever the words BOARDING HOUSE, DWELLING, PREMISES, BUILDING, STORY, or STRUCTURE are stated in this subchapter, they shall be construed as though they were followed by the words “or any part thereof”.
(6) Interpretation. For the purposes of this subchapter, the following terms, phrases, words, and their derivations shall be interpreted as follows:
(a) Words used in the singular shall include the plural, and the plural the singular;
(b) Words used in the present tense shall include the future and past tenses;
(c) Words used in the masculine gender shall include the feminine and the neuter;
(d) The words
SHALL and WILL are mandatory and not discretionary;
(e) The word
MAY is permissive.
(B) Definitions.
APPEALS BOARD. The Village of Camden Appeals Board shall be comprised of four members, as designated by the Mayor with the approval of village legislative authority. The Mayor shall be a member, as will be one member of Village Council. The other two members shall be residents of the village. The term of office of each shall be for six years, except that the term of one of the members of the first committee shall be for four years, and one for two years. It is permissible for the membership of said committee to be one and the same as that of the Planning and Zoning Commission.
APPROVED. Approved by the Code Official under the provisions of this subchapter, or approved by some other authority designated by law to give approval in the matter in question, as applied to a material, device or method of construction.
BASEMENT. The portion of a building below the first or ground-floor level and having less than four feet of clearance from its ceiling to the average finished grade of the building perimeter.
BATHROOM. A room containing a washbasin, a toilet, and a bathtub and/or shower or both. In addition to the toilet, bathrooms may also contain urinals and/or bidets.
BUILDING. For the purposes of this subchapter, the term BUILDING may include the terms “dwelling” and “structure”.
BUILDING CODE. The most current edition of the Ohio Residential Code and Ohio Building Code or such other code as maybe officially designated by Council, for the regulation of construction, alteration, addition repair, removal, use, location, occupancy and maintenance of all buildings and structures with the village’s jurisdictional boundaries.
CODE OFFICIAL. The official charged with the administration and enforcement of this subchapter, or his or her duly authorized representative. The terms “Code Official” and “Enforcement Officer” shall be interchangeable for the purposes of this subchapter.
CONDEMN. To declare a building, structure, dwelling unit or premises unfit for habitation, use or occupation.
CONDEMNATION FOR OCCUPANCY. An order issued by the Village Council or the Code Official prohibiting any person from occupying the dwelling unit specified in such order until it has been revoked, and further preventing anyone from being present on such premises except for the purpose of cleaning up and/or making repairs to the premises.
DWELLING. A building or mobile home designed, intended or used primarily for residential purposes, including cooking and sanitary facilities. The term does not include a tent, cabin, RV travel trailer, motel, or hotel. For the purposes of this subchapter, the term DWELLING may include the term “building” and “structure”.
(a) ONE-FAMILY DWELLING. A building designed, intended or used primarily for residential purposes, to be occupied by one family.
(b) TWO-FAMILY DWELLING. A building designed, intended or used primarily for residential purposes, to be occupied by two families living independently of one another.
(c) THREE-FAMILY DWELLING. A building designed, intended or used primarily for residential purposes, to be occupied by three families living independently of one another.
(d) MULTIPLE-FAMILY DWELLING. A building designed, intended or used primarily for residential purposes, to be occupied by more than three families living independently of one another.
(e) DWELLING UNIT B. A single family, two-family or multiple family dwelling used by one family for cooking, living and sleeping purposes.
ENFORCEMENT OFFICER. The official designated herein or otherwise charged with the responsibilities of administering this subchapter, or his or her authorized representative. The terms “Enforcement Officer” and “Code Official” shall be interchangeable for the purposes of this subchapter.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property, if applicable, under the control of the owners or operators of such premises.
EXTERMINATION. The control and elimination of insects, rats, vermin or other pests by eliminating their harborage places by removing or making inaccessible materials that serve as their food or bedding, or by poison, spraying, fumigating, trapping, or by any other approved pest-elimination methods.
FAMILY. Husband, wife and children. 1) All blood relations. 2) All who live in the same household including servants and relatives, with some person or persons who are emotionally attached, interact regularly, and share concerns for the growth and development of the group and its individual members.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. It shall be taken to mean and include all table and kitchen refuse of every kind and description; also decaying vegetables and meats, or any thing that will, or may, decompose and become offensive or dangerous to health. (See also “junk”, “litter” and “rubbish”.)
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 building, dwelling, or structure for living, sleeping, eating or cooking, or combinations thereof, the conditions of which permit the inhabitant(s) to live free of serious defects
to their health or safety. Bathrooms, toilet, rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
IMMINENT DANGER. A condition that is reasonably certain to place life or limb in peril by posing an impending and immediate danger.
INFESTATION. The presence within, or contiguous to, a structure or premises of insects, rats, vermin or other pests.
JUNK. Scrapped materials such as glass, rags, paper, metal, or other scrap or waste material of whatsoever kind or nature, that is collected or accumulated for resale, salvage; disposal or storage; scrapped or worn-out vehicle parts, appliances, equipment or parts thereof, whether serviceable or not; or anything worn-out or fit to be discarded. (See also “garbage”, “litter” and “rubbish”.)
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.
LITTER. Includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature (See also “garbage”, “junk”, and “rubbish”.)
MOTOR VEHICLE. Any vehicle, including motor homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. MOTOR VEHICLE does not include motorized bicycles, equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, trailers that are used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at the speed of 25 m.p.h. or less, threshing machinery, hay-baling machinery, corn sheller, hammermill and agricultural tractors, machinery used in the production of horticultural, agricultural, and vegetable products, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of 25 m.p.h. or less.
MOTOR VEHICLE, ABANDONED.
(a) A vehicle shall be presumed abandoned under any of the following circumstances:
1. The vehicle is physically inoperable and/or is missing parts so that it could not be legally driven upon any public highway or street, and/or it is not maintained for driving.
2. The vehicle does not bear a valid registration plate.
(b) An operable vehicle shall start and move under its own power upon request by the Village Council and/or the Code Official. A vehicle setting on a bona fide sales lot that is open for business during normal operating hours shall not be required to bear valid registration. An abandoned motor vehicle may be permitted to be stored within a completely enclosed building. A tent, tarpaulin, or vehicle cover shall not be considered a completely enclosed building.
NOXIOUS WEEDS. Shall be defined by Ohio Administrative Code Chapter 901:5-37.
NUISANCE. Any offensive, annoying, unpleasant, or obnoxious activity or omission which results in such condition(s), that endangers life, health, gives offense to the senses, violates the laws of decency, or unreasonably obstructs, annoys or disturbs the reasonable and comfortable use by another of his or her property, and includes, but is not limited to, the following:
(a) A physical condition, or use of any premises, regarded as 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 vehicles, abandoned wells, shaft, basements, excavations, abandoned refrigerators and unsafe fences or structures;
(c) Any premises which have unsanitary sewerage or plumbing facilities;
(d) Any premises designated as unsafe for human habitation or use;
(e) Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to endanger life, limb or property;
(f) Any premises from which the plumbing, heating and/or facilities required by this subchapter have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
(g) Any premises which are unsanitary, or which are littered with rubbish, junk, and/or garbage; or
(h) Any structure or building that is in a state of extreme dilapidation, deterioration or decay; faulty construction; overcrowded, 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.
OCCUPANCY. Period during which a person owns, rents or otherwise occupies a dwelling, dwelling unit, building, structure or any part thereof for the person’s use.
OCCUPANT. Person having possessor’s rights, who can control what occurs on the premises; one who has actual use, possession or control of the premises.
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 that is let or offered for occupancy.
OWNER.
(a) Any person, agent, firm, corporation, or partnership that alone, jointly, severally with others:
1. Has legal or equitable title to any premises, building structure, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
2. Has charge, care or control of any premises, building, structure, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee or guardian of the estate of the beneficial owner.
(b) The person shown on the records of the Preble County Recorder to be the owner of a particular property shall be presumed to be the person in control of that property.
PERSON. Any individual, trustee, receiver, personal representative, assignee or guardian, or a corporation, association, organization, partnership or any other group acting as a unit.
PREMISES. Land with its appurtenances and structures thereon; a dwelling unit and the structure of which it is a part and appurtenances and facilities therein and grounds, areas, and facilities held out for the use of the tenants generally or whose use is promised to the tenant; a room, shop, building, or any definite area.
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, metal, mineral matter, glass, crockery and dust and other similar materials. (See also “garbage”, “junk” and “litter”.)
STORAGE. A space or place where goods, materials or personal property is placed and kept for more than 24 consecutive hours.
STRICT LIABILITY OFFENSE. An offense whose elements do not contain the need for criminal intent or mens rea; in prosecuting such case, it only need be proven that the defendant either did the act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE. A combination of materials forming an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but excluding the following: utility mains, lines and underground facilities. As used in this subchapter, the term STRUCTURE may include the terms “building” and/or “dwelling”.
TENANT. Any person, corporation, partnership or group who occupies or has a leasehold interest in a building, structure, dwelling or premises, or any part thereof, under an agreement with the owner.
TOXIC OR NOXIOUS SUBSTANCE. Any solid, liquid, or gaseous matter including, but not limited to, gases, vapors, dusts, fumes, and mists containing properties that by chemical means are inherently harmful
and likely to destroy life or impair health or capable of causing injury to the well-being of person or damage to property.
USED BUILDING MATERIALS. Any materials including, but not limited to, wood, stone, brick, cement blocks or any composition or combination thereof, used or useful in the erection of any building or structure which has been used previously for the erection or construction by the same person or other persons.
VACANT. Lands or buildings that are not actively used for any purpose.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward.
(Ord. -, passed 10-2-08)