(A) Terms defined in other codes. Where terms are not defined in this chapter and are defined in the State Building Code, State Residential Code, State Fire Code, State Electric Code, State Mechanical Code, State Energy Code, State Accessibility Code, State Plumbing Code and/or State Swimming Pool Code, such terms shall have the meanings ascribed to them in those codes, unless a term is alternatively defined by the rules of the Fire Prevention and Building Safety Commission in which case the definition of the Fire Prevention and Building Safety Commission shall apply.
(B) Parts. Whenever the words ACCESSORY STRUCTURE, BUILDING, DWELLING UNIT, PREMISES, HOTEL and/or STRUCTURE are stated in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”
(C) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. 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. The 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 chapter, or any of his or her duly authorized representatives, including, but not limited to, the City Code Enforcement Officers or their designees, and authorized members of the city’s Police Department.
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.
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. Animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HAZARDOUS CONDITION. Any condition likely to cause injury to any person. This term shall not mean a temporary condition caused by weather such as rain, snow or ice.
HOTEL. Any building containing six or more guestrooms, intended or designed to be occupied, or which are rented or hired, for sleeping purposes by guests.
IMMINENT DANGER. A condition which poses an immediate risk of serious or life threatening injury or death if not promptly abated or remedied.
IMPROVEMENT. Existing or proposed surface or subsurface improvements including, but not limited to: Public drainage systems; private drainage systems; permanent or temporary buildings or structures; drives; walks; patios; irrigation systems; fences; landscaping; vegetation; decorative items; playgrounds; air conditioning units; gutters; 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 stormwater 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.
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 County Recorder 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.
PEST. Each of the following organisms when it is detrimental or injurious to persons, 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; and
(g) Viruses, other than those on or in living persons and other animals.
PLUMBING. 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.
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. Said party 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. Trash, combustible and noncombustible waste materials, including, but not limited to, 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, discarded furniture, mattresses, appliance and other household materials, dust and other similar materials.
STORAGE UNIT. Temporary (or portable) storage units (also known as PODS, portable on-demand storage structures); 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 mental culpability, such as negligence, knowledge or 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.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
UNSAFE STRUCTURE. A structure that is found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered or occupied contrary to law.
VACANT STRUCTURE. A structure, which is not occupied and devoid of any indication 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.
(Ord. 2020-OR-05, passed 4-6-2020)