For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Approved.” Approved by the Code Official.
(b) “Basement.” That portion of a building which is partly or completely below grade.
(c) “Bathroom.” A room containing plumbing fixtures, including a bathtub or shower.
(d) “Bedroom.” Any room or space used or intended to be used for sleeping purposes.
(e) “Code Official.” The Manager or his or her designee is charged with the administration and enforcement of this code.
(f) “Condemn.” To adjudge unfit for occupancy or use.
(g) “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.
(h) “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 a said lot or lots.
(i) “Exterior property.” The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(j) “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, trapping or by any other approved pest elimination methods.
(k) “Garbage.” The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(l) “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.
(m) “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.
(n) “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.
(o) “Imminent danger.” A condition which could cause serious or life-threatening injury or death at any time.
(p) “Infestation.” The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
(q) “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.
(r) “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" as defined in this section).
(s) “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.
(t) “Let for occupancy” or “Let.” To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise 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.
(u) “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" as defined in this chapter).
(v) “Motor vehicle.” Any vehicle, including mobile 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 shelter, 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.
(w) “Motor vehicle, abandoned.”
(1) A vehicle shall be presumed abandoned under any of the following circumstances:
A. 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.
B. The vehicle does not bear a valid registration plate.
(2) An operable vehicle shall start and move under its own power upon request by 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.
(x) “Noxious weeds.” Shall be as defined by Ohio Administrative Code Section 901:5-37.
(y) “Nuisance.” Any offensive, annoying, unpleasant, or obnoxious activity or emission 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:
(1) A physical condition, or use of any premises regarded as public nuisance at common law;
(2) 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;
(3) Any premises which have unsanitary sewerage or plumbing facilities;
(4) Any premises designated as unsafe for human habitation or use;
(5) Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to endanger life, limb or property;
(6) Any premises from which the plumbing, heating and/or facilities required by this code 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;
(7) Any premises which are unsanitary, or which are littered with rubbish or garbage; or
(8) Any structure or building that is in a state of 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.
(z) “Occupancy.” The purpose for which a building or portion thereof is utilized or occupied.
(aa) “Occupant.” Any individual living or sleeping in a building, or having possession of a space within a building.
(bb) “Operable area.” That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(cc) “Operator.” Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(dd) “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.
(ee) “Person.” An individual, corporation, partnership or any other group acting as a unit.
(ff) “Premises.” A lot, plot or parcel of land, easement or public way, including any structures thereon.
(gg) “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.
(hh) “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.
(ii) “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.
(jj) “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.
(kk) “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.
(ll) “Structure.” That which is built or constructed or a portion thereof.
(mm) “Tenant.” A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(nn) “Toilet room.” A room containing a water closet or urinal but not a bathtub or shower.
(oo) “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 persons or damage to property.
(pp) “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.
(qq) “Vacant.” Lands or buildings that are not actively used for any purpose.
(rr) “Ventilation.” The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(ss) “Water closet.” A water-flushed plumbing fixture designed to receive human waste directly from the user of the fixture.
(tt) “Workmanlike.” Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
(uu) “Yard.” An open space on the same lot with a structure.
(Ord. 31-07. Passed 10-23-07.)