(a) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
(b) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neutral; the singular number includes the plural and the plural, the singular.
(c) Terms defined in other codes. Where terms are not defined in this code and are defined in the Indiana Building Code, Indiana Residential Code, Indiana Fire Code, Indiana Electric Code, Indiana Mechanical Code, Indiana Energy Code, Indiana Accessibility Code, Indiana Plumbing Code, Indiana Swimming Pool Code, such terms shall have the meanings ascribed to them as in those codes.
(d) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(e) Parts. Whenever the words Dwelling Unit, Dwelling, Premises, Building, Rooming house, Rooming Unit or Story are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
(f) General definitions. For purposes of this Article, the following definitions shall apply.
Accessory Building. A building, structure or part of a building which is secondary or subordinate in capacity or use from the main or principal building or structure on the same premises.
Approved. Approved by the Code Enforcement Official.
Basement. That portion of a building, which is partly or completely below grade.
Building. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by firewalls, each portion of such a building shall be considered a separate structure. See also Structure.
Code Enforcement Official. The official who is charged with the administration and enforcement of this code, or any of his or her duly authorized representatives.
Detriment. A condition which causes, creates or results in or represents the potential to cause, create or result in damage to properties or improvements upstream, downstream or served by an improvement; is considered to be a hazard to public safety; is considered to be a public nuisance pursuant to Carmel City Code §§ 6-75, 6-76, 6-77 and 6-79; is considered to be an Impairment as defined in this code; is considered to be an Illegal Discharge as defined in this code; results in soil or sediment runoff; results in the accumulation of water, ice or algae growth on streets, sidewalks, public right-of-way or adjacent premises; results in the concentration of discharges; results in the displacement of surface water to adjacent or other properties that previously ponded/pooled on the premises; results in an increase in the amount of discharge; results in a decrease in the quality of the discharge; or results in the obstruction of the natural flow of drainage.
Dumpster, Construction. Large roll-off metal containers with a capacity of ten cubic yards or greater typically used for the storage and disposal of refuse and rubbish in conjunction with construction projects such as demolition, new building construction, and roofing or siding projects.
Easement Holder. Person, agent, operator, firm or corporation, federal, state or local governmental agency, with rights stipulated in the document establishing such an easement.
Exterior Property. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
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.
Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Habitable Room. Any room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, corridors, closets, storage spaces, stairways, utility rooms or similar spaces.
Illegal Connection. A piped connection of a public or private drainage system to a public drainage system that would be considered an illicit connection per Carmel City Code §§ 6-180 through 6-209, as amended; to a sanitary sewer; to a public drainage system utilizing a blind connection; or to a roadway subsurface drain unless a subsurface drain stub is provided as part of the subsurface drainage system.
Illegal Discharge. An open discharge of a private drainage system or private outlet, an illicit connection or illicit discharge per Carmel City Code §§ 6-180 through 6-209, as amended; or is closer than 25 feet from the property or easement line and/or onto a non-absorbent surface or causes, creates or results in or represent the potential to cause, create or result in a detriment.
Imminent Danger. A condition which poses an immediate risk of serious or life threatening injury or death if not promptly abated or remedied.
Impairment. A blockage or restriction of a public or private drainage system resulting from lack of maintenance or upkeep, the presence of improvements, accumulation of refuse or rubbish or excessive growth of vegetation or other condition which prevents the system from functioning as designed or intended, would otherwise pollute or contaminate the flow of water. This may also include a system that is undersized for the design condition and watershed served by the improvement. This may also include an improvement that the City determines to cause, create, or result in or represent the potential to cause, create, or result in the conditions noted above.
Improvement. Existing or proposed surface or subsurface improvements including, but not limited to: public drainage systems, private drainage systems, permanent or temporary buildings/structures, drives, walks, patios, irrigation systems, fences, landscaping, vegetation, decorative items, playgrounds, air conditioning units, decks, parts of permanent or temporary structures, roof overhangs, pools, permanent or temporary erosion control measures, permanent or temporary sediment control measures, permanent or temporary storm water quality measures or best management practices or other items determined by the City to be an improvement.
Infestation. The presence within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
Legal Discharge. An open discharge of a private drainage system or private outlet that would not be considered an illicit connection or illicit discharge per Carmel City Code §§ 6-180 through 6-209, as amended; would not be considered an illegal discharge as defined in this code; or an open discharge of a private drainage system at least 25 feet from the property or easement line onto an absorbent surface such as grass, mulch, soil or aggregate with positive fall away from the outlet such that the discharge does not cause, create or result in or represent the potential to cause, create or result in a detriment.
Occupancy. The purpose for which a building or portion thereof is utilized or occupied.
Occupant. Any individual living or sleeping in a building, or having possession of a space within a building.
Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the office of the Hamilton County Clerk 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.
Permissible Occupancy. The maximum number of individuals permitted to reside in a dwelling, dwelling unit, rooming unit, or dormitory.
Person. An individual, corporation, partnership or any other group acting as a unit.
Pest. Each of the following organisms when it is detrimental or injurious to man, domestic or wild animals, useful plants, or other useful articles or substances is declared to be a pest:
a. Mammals, including but not limited to dogs, cats, pigs, chickens, moles, bats, wild carnivores, and wild herbivores.
b. Birds, including but not limited to starlings, house sparrows, wild pigeons and black birds.
c. Fishes, including but not limited to alewives, sea lampreys, gizzard shad and carp.
d. Amphibians and reptiles, including but not limited to poisonous snakes.
e. Aquatic and terrestrial invertebrates, including but not limited to slugs, snails and crayfish.
f. Roots and other plant parts growing where not wanted.
g. Viruses, other than those on or in living man and other animals.
Plumbing. Shall mean and include all the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and other similar supplied fixtures, and the installation thereof, together with all connections to water, sewer, or gas lines.
Premises. A lot, plot or parcel of land or groups of lots, plots or parcels of land, whether residential, commercial or industrial, including any structures thereon or for which improvements are to be installed and/or benefit from the existence of these improvements.
Privacy. The existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference, either by sight or sound by unwanted individuals.
Private Drainage System. Stormwater Conveyance System, as defined in Carmel City Code § 6-181, Watercourse, as defined in Carmel City Code, Private Outlet as defined in this code, drainage of roofs, paved areas, yards, courts, other open areas on the premises, pipe end sections, rip-rap, beehive inlets or other open grate inlets, driveway culverts, stormwater detention facility outlet control structures, stormwater detention facility outlet piping, or surface drainage swales that is not considered a public drainage system. Watercourses in the City of Carmel that are not maintained by the Hamilton County Surveyor's Office or other federal, state or local government agency are considered private drainage systems.
Private Outlets. Shall include sump pump, roof drain and foundation drain, footing drains, perimeter drain piping systems and outlets that are connected to a legal connection or discharge as a legal discharge on the premises. Shall include all portions of these systems to the point of connection to a legal connection or point of discharge as a legal discharge on the premises.
Public Drainage System. Stormwater Conveyance System, as defined in Carmel City Code § 6-181, Watercourse, as defined in Carmel City Code, pipe end sections, rip-rap, beehive inlets or other open grate inlets, surface drainage swale that is owned and/or maintained by the City other federal, state or local government agency.
Public Nuisance. Shall include those conditions as defined by Carmel City Code Chapter 6, Article 5 in addition to the following:
a. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
b. Any premises which have unsanitary sewerage or plumbing facilities; or
c. Any premises designated as unsafe for human habitation or use; or
d. Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to endanger life, limb or property; or
e. 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; or
f. Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or
g. 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 to not provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises.
Refuse. All solid waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes including organic wastes or residues of animals, meat, fruit, vegetables, grains or fish; animal excreta or carcasses of animals; rubbish including wood, leaves, vegetation, tree trimmings, dead trees and shrubs, branches, sawdust, shavings, grass, paper products, straw, rags, clothing and all other combustibles; waste matter composed of soil, clay, sand, earth, gravel, fill, stones, bricks, plaster, glass, glassware, crockery, ashes, cinders, shells, metal and other non-combustibles; waste debris resulting from the construction, demolition, repair, or alteration of structures or buildings; accumulated waste materials composed of cans, containers, tires, junk, vehicle parts or other substances which may become a nuisance.
Responsible Party. Person, agent, operator, firm, corporation or federal, state or local governmental agency having primary responsibility for maintenance of improvements located on the premises, rights-of-way or easements. Shall be the owner unless responsibility for such maintenance is provided in other codes, restrictive covenants or is legally established to be the responsibility of another person, agent, operator, firm, corporation or federal, state or local governmental agency.
Rodent. Any of various mammals, as a mouse, rat, or squirrel, having teeth adapted for gnawing.
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.
Storage Unit, Temporary. Temporary (or portable) storage units (also known as PODS, portable on-demand storage structures) shall mean any container, shipping container, storage unit, shed-like container or other structure, or assembly of materials without a permanent foundation which is so designed, constructed or reconstructed to make it portable and capable of storage of personal property of any kind, building materials (before they are utilized for building purposes), household goods, personal items and other materials, and not for occupancy by persons.
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.
Structure. Anything constructed or installed, the use of which requires a location on a parcel of land. It includes a moveable structure, which is located on land, which can be used for housing, commercial, business, and agricultural or office purposes, either temporarily or permanently. The term also includes recreational vehicles to be installed on a site for more than 180 days.
Sump Pump. A system of pumps, pipes and basins and other peripheral equipment utilized to collect and convey groundwater from within, under or immediately adjacent to a structure, from basements and/or crawl spaces or from other areas of the Premises that does not contain any sanitary sewage, other sanitary waste, or pollutants.
Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
Unfit Structure Of Human Occupancy. A structure is unfit of human occupancy or use whenever the Code Enforcement Official finds that it is unsafe, unlawful or because of the degree in which it lacks maintenance or is in disrepair, is unsanitary, vermin or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because its location constitutes a hazard to its occupants or to the public.
Unlawful Structure. Shall be a structure which is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
Unsafe Equipment. Shall include any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container or other equipment on the premises or within the structure which is in such disrepair or condition that it is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
Vacant Structure. A structure, which is not occupied and devoid of any indicia of occupancy.
Workmanlike. Executed in a skilled manner and in accordance with accepted practice; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
Yard. An open space on the same premies with a structure.
(Ord. D-1803-06, 5-15-06)