For the purposes of this article, the following terms shall have the meanings respectively designated unless it is clear from the context that a different meaning is intended.
(a) "City Manager" means the Clarksburg City Manager.
(b) "Code Official" means the person appointed as such pursuant to Section 1712.02(a) or his designee.
(c) "Containers" means any receptacle with specifications as described in this article, which houses solid waste, including, but not limited to, garbage bags, garbage cans and dumpster units.
(d) "Commercial establishment" means any person who produces solid waste while conducting any business, whether nonprofit or profit making, including, but not limited to, any business which serves the public, churches, service organizations or clubs.
(e) "Dual residential unit structure" means any structure or unit which is used or intended by the nature of its construction to be used as a two (separate) family dwelling by persons for living or sleeping quarters, and having only two units within such structure, but shall not include unit structures intended primarily for transient lodging, including, without limitation, hotels, motels, rest homes and hospital rooms. Such structure shall include but not be limited to duplexes.
(f) "Garbage" means waste, animal and vegetable matter of every kind and character including, but not limited to, animal and vegetable matter as it accumulates in hotels, restaurants, eating houses and private homes in the kitchens and on the tables of such places and also including such waste, animal and vegetable matter as accumulates in meat markets, grocery stores and fruit and vegetable markets.
(g) "Multiple-family residential unit structure" means a residential unit structure having more than two family dwellings or units within such structure. Such structure shall include but not be limited to apartment buildings, condominiums, townhouses or boarding houses. Such residential unit structure shall exclude structures such as hotels, motels, tourist homes and the like.
(h) "Nonresidential unit structure." All other buildings not included within the definitions of "residential unit structure", "dual residential unit structure" and "multiple family residential unit structure" shall be deemed to be within the classification of nonresidential unit structure for purposes of this article. Such structures shall include but not be limited to all commercial establishments, churches, schools, government buildings, etc.
(i) "Owner." Means every person, entity, service company, property manager or real estate broker, who alone or severally with others:
(1) Has legal or equitable title to any dwelling, dwelling unit, unit, or parcel of land, vacant or otherwise;
(2) Has care, charge or control of any dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
(3) Is a mortgagee in the possession of any such property; or
(4) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
(5) Is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
(j) "Person" means any person or individual, group of persons or individuals acting individually or as a group, public or private corporations, partnerships, limited liability companies, trusts, estates or any legal entity whatever.
(k) "Private waste collection hauler" means any person, agency, or corporation who is licensed and certified by the Public Service Commission of West Virginia to operate as a common carrier by motor vehicles in the transportation of trash, rubbish and garbage.
(1) "Residential unit structure" means any structure or unit which is used or intended by the nature of its construction to be used as a single-family dwelling by persons for living or sleeping quarters, but shall not include unit structures intended primarily for transient lodging, including, without limitation, hotels, motels, rest homes and hospital rooms.
(m) "Rubbish" means non-putrescible waste consisting of both combustible and noncombustible waste including, but not limited to, shrubbery and yard trimmings or clippings, grass, weeds, leaves, wood chips, paper, pasteboard, cardboard, magazines, books, rubber, rags, carpets, bedding, clothing, boots, shoes, hats, straw, packing boxes and cartons, crates, packing material, glass, crockery, bottles, shells, tin cans, metal, ashes, cinders and other similar waste materials which ordinarily accumulate from a household or business but shall not include discarded automobile or truck bodies or other bulky or heavy objects or waste material resulting from any manufacturing, building or construction operation. Rubbish shall not be deemed to include manure; offal or waste from any poultry yard or stables.
(n) "Solid waste" means both garbage and rubbish as defined above.
(Ord. 16-4. Passed 2-18-16.)