(A) General. Where the following terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings, such as the context implies. Whenever the words “dwelling unit”, “dwelling”, “premises”, “building”, “rooming house”, “rooming unit”, “housekeeping unit”, or “story” are stated in this subchapter, they shall be construed as though they were followed by the words “or any part thereof”.
(Prior Code, § 5.05.01)
(B) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle, regardless of whether wrecked or inoperable, which is left on public, or private, property, for a period of more than 72 hours, without approval from the property owner to place the vehicle upon such property.
APPROVED. Consented, or agreed to, in writing by the Senior Code Enforcement Officer, or his or her proper designee.
BASEMENT. The portion of a building which is partly, or completely, below grade.
BATHROOM. A room containing plumbing fixtures, including a bathtub or shower.
BEDROOM. Any room, or space, used, or intended to be used, for sleeping purposes.
BOAT. Any vessel initially designed for the carrying of passengers, or cargo, upon the water, whether currently seaworthy or not, and regardless of size or design, including, without limitation, barges, motorboats, whether inboard or outboard, canoes, rowboats, rafts, and sailboats.
CARPORT. A roofed structure providing space for the parking of motor vehicles, and enclosed on not more than two sides.
CODE ENFORCEMENT OFFICER. Any city employee who has been duly sworn, and authorized, to uphold the ordinances of the city, and laws of the state, related to property uses, maintenance, nuisances, inspections, issuances of building permits, certifications and licensing, and the like, within the municipal boundaries of the city. All duly sworn law enforcement officers of the City Police Department are authorized to exercise authority as CODE ENFORCEMENT OFFICERS.
CONDEMN. To adjudge unfit for human occupancy.
DWELLING UNIT. Any room, or group of rooms, located within a structure forming a single habitable unit with facilities that are used, or intended to be used, for living, sleeping, cooking, eating, and sanitation by a household or family.
EASEMENT. The 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.
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 serves as their food; by poison spraying, fumigating, and 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.
GRAFFITI. Any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted, or otherwise affixed to, or on, any structural component of any building, structure, or other permanent facility regardless of the nature of the material of that structural component, or the nature of the inscription, to the extent that the same was not authorized in advance by the owner, or otherwise deemed to be a public nuisance.
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 structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage, or utility spaces, and similar areas, are not considered HABITABLE SPACES.
HISTORIC. Any existing buildings, or structures, designated by the city, the state, or the United States government to be historic, or located within a city historic district.
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.
IMMINENT DANGER. A condition which could cause serious, or life-threatening, injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin, or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, uninsured, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. Such vehicle is also considered an abandoned vehicle if left on public, or private, property without authorization from the property owner for a period in excess of 72 hours.
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.
LET FOR OCCUPANCY or LET. To permit, provide, or offer possession, or occupancy, of a dwelling, dwelling unit, rooming unit, building, premises, 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.
MOTOR VEHICLE. A machine of conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, electric scooters, mopeds, bicycles, motorcycles, trucks, tractors, go-carts, golf carts, or motor homes.
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.
OPENABLE AREA. The 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, 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 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.
PERSON. An individual, corporation, partnership, or any other group acting as a unit.
PREMISES. A lot, plot, or parcel of land, easement, or public way, including any structures thereon.
PRIVATE PROPERTY. Any real property within the city which is privately owned, and which is not defined as public property in this section.
PUBLIC PROPERTY. Any real property in the city which is owned by a governmental body, and includes buildings, parking lots, parks, streets, sidewalks, rights-of-way, easements, and other similar property.
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.
REMOVAL. The act of clearing all material and debris whenever it becomes necessary to demolish any building that has been condemned, and found to be a nuisance by resolution of the City Council.
RESIDENCE. A structure serving as a dwelling or home. For the purposes of this subchapter, the term RESIDENCE includes DWELLING UNITS and ROOMING HOUSES.
ROOMING HOUSE. A building arranged, or occupied, for lodging, with or without meals, for compensation. Bed-and-breakfasts, boarding houses, half-way houses, and hotels, as those terms are defined under the city zoning ordinance, are included within the definition of a ROOMING HOUSE.
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.
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.
SENIOR CODE ENFORCEMENT OFFICER. The Head of the Code Enforcement Department or, in his or her absence, the person who is directed, or appointed, to temporarily assume the duties of the Head of the Code Enforcement Department.
STRUCTURE. That which is built or constructed, or a portion thereof.
TENANT. A person, corporation, partnership, or group, whether or not the legal owner of record, occupying a building, or portion thereof, as a unit.
TOILET ROOM. A room containing a water closet, or urinal, but not a bathtub or shower.
TRAILER. Any freewheeling object designed, or intended to be pulled, or towed, behind a motor vehicle, regardless of whether wrecked or inoperable, and regardless of whether currently inspected and/or registered, including, without limitation, the following: boat trailers; camper trailers; cargo trailers; special trailers for items such as golf carts or motorcycles; utility trailers; and farm implements.
VENTILATION. The natural, or mechanical, process of supplying conditioned, or unconditioned, air to, or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; for example, generally plumb, level, square, in-line, undamaged, and without marring adjacent work.
WRECKED MOTOR VEHICLE. Any motor vehicle which does not have, lawfully affixed thereto, an unexpired license plate, and the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on a public street, or from which the wheels, engine, transmission, or any substantial part thereof has been removed.
(Prior Code, § 5.05.02) (Ord. 2015-10, passed 11-9-2015)