1353.02  DEFINITIONS.
   (a)    Appeals Board.  “Appeals Board” means the City of Eaton Planning, Zoning and Building Appeal Board.
 
   (b)    Approved.  The term “Approved” shall mean approved by the Code Official under the provisions of this Code, or approved by some other authority designated by law to give approval in the matter in question, as applied to a material, device or method of construction.
 
   (c)   Basement.  That portion of a building below the first or ground-floor level and having less than four feet of clearance from its ceiling to the average finished grade of the building perimeter.
 
   (d)    Bathroom.  A room containing a washbasin, a toilet, and a bathtub or shower or both.  In addition to the toilet, bathrooms may also contain urinals and/or bidets. 
 
   (e)    Bedroom. A fully enclosed portion of a building, dwelling or structure designed or intended to be used for sleeping purposes.
 
   (f)    Boarding House. A residential facility that provides not more than five sleeping rooms for rent, where meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu.  Such houses shall have but one common kitchen facility and no meals shall be provided for outside guests for compensation.  For the purposes of this Code, the term “Boarding House” may be included in the meaning of “Building,” “Dwelling,” and/or “Structure.”
 
   (g)    Building.  For the purposes of this Code, the term “Building,” may include the terms “Dwelling” and “Structure.”
 
   (h)    Building Code.  The most current edition of the City of Eaton Building Code, or such other code as may be officially designated by Council, for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures within the City’s jurisdictional boundaries.
 
   (i)    Central Heating.  The heating system permanently installed and adjusted to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.
 
   (j)    Code Official.  The official charged with the administration and enforcement of this Code, or his duly authorized representative.  The terms “Code Official” and “Enforcement Officer” shall be interchangeable for the purposes of this Code.
 
   (k)    Condemn. To declare a building, structure, dwelling unit or premises unfit for habitation, use or occupation.
 
   (l)    Condemnation for Occupancy.  An order issued by the Code Official prohibiting any person from occupying the dwelling unit specified in such order until it has been revoked, and further preventing anyone from being present on such premises except for the purpose of cleaning up and/or making repairs to the premises.
 
   (m)    Dwelling.  A building or portion thereof designed, intended or used primarily for residential purposes, including cooking and sanitary facilities.  The term does not include a tent, cabin, trailer, mobile home, motel, or hotel.  For the purposes of this Code, the term “Dwelling” may include the term “Building” and “Structure.”
      (1)   One-Family Dwelling: A building designed, intended or used primarily for residential purposes, to be occupied by one family.
      (2)   Two-Family Dwelling: A building designed, intended or used primarily for residential purposes, to be occupied by two families living independently of one another.
      (3)   Three-Family Dwelling: A building designed, intended or used primarily for residential purposes, to be occupied by three families living independently of one another.
      (4)   Multiple-Family Dwelling: A building designed, intended or used primarily for residential purposes, to be occupied by more than three families living independently of one another.
      (5)   Dwelling Unit B: A single family, two-family or multiple family dwelling used by one family for cooking, living and sleeping purposes.
 
   (n)   Enforcement Officer.  The official designated herein or otherwise charged with the responsibilities of administering this Code, or his authorized representative.  The terms “Enforcement Officer” and “Code Official” shall be interchangeable for the purposes of this Code.
 
   (o)   Exterior Property.  The open space on the premises and on adjoining property, if applicable, under the control of the owners or operators of such premises.
 
   (p)    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 or bedding, or by poison, spraying, fumigating, trapping, or by any other approved pest- elimination methods.
 
   (q)    Family.  One or more persons occupying a single dwelling unit, provided that unless all persons are related by blood, marriage or adoption, no family shall contain over five persons, but further provided that a family related by blood, marriage or adoption may have a total of two non-related persons living with it.
 
   (r)    Garbage.  The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.  It shall be taken to mean and include all table and kitchen refuse of every kind and description; also decaying vegetables and meats, or any thing that will, or may, decompose and become offensive or dangerous to health.  (See also “Junk,” “Litter” and “Rubbish”).
 
   (s)    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.
 
   (t)    Habitable Space.  Space in a building, dwelling, or structure for living, sleeping, eating or cooking, or combinations thereof, the conditions of which permit the inhabitant(s) to live free of serious defects to their health or safety.  Bathrooms, toilet, rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
 
   (u)     Imminent Danger.  A condition that is reasonably certain to place life or limb in peril by posing an impending and immediate danger.                     
 
   (v)    Infestation.  The presence within, or contiguous to, a structure or premises of insects, rats, vermin or other pests.
 
   (w)    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”).
 
   (x)    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.
 
   (y)    Let, or Let for Occupancy.  To permit, provide or offer possession or occupancy of a habitable space in a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is the legal owner of record thereof, or his designated agent, 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.
 
   (z)    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”).
 
   (aa)   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 sheller, 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 10 miles and at a speed of 25 m.p.h. or less.
 
   (bb)    Motor Vehicle, Abandoned. A vehicle shall be presumed abandoned under any of the following circumstances: 
      (1)   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.
      (2)   The vehicle does not bear a valid registration plate.
   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.
 
(cc)    Noxious Weeds. Noxious weeds shall be as defined by Ohio Administrative Code Chapter 901:5-37.
   (dd)    Nuisance.  Any offensive, annoying, unpleasant, or obnoxious activity or omission 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 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.
   (ee)   Occupancy.   Period during which a person owns, rents or otherwise occupies a dwelling, dwelling unit, building, structure or any part thereof for the person’s use.
   (ff)    Occupant. Person having possessory rights, who can control what goes on on the premises; one who has actual use, possession or control of the premises.
 
   (gg)    Openable Area. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
 
   (hh)    Operator. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy.
 
   (ii)    Owner. Any person, agent, firm, corporation, or partnership that alone, jointly, severally with others:
      (1)   Has legal or equitable title to any premises, building, structure, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
      (2)   Has charge, care or control of any premises, building, structure, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee or guardian of the estate of the beneficial owner.
   The person shown on the records of the Preble County Recorder to be the owner of a particular property shall be presumed to be the person in control of that property.
 
   (jj)    Person. Any individual, trustee, receiver, personal representative, assignee or guardian, or a corporation, association, organization, partnership or any other group acting as a unit.
 
   (kk)    Plumbing.  The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances, and appurtenances within the scope of the plumbing code applicable to the City of Eaton. 
 
   (ll)    Plumbing Fixture. A receptacle or device that is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water there from; and/or a receptacle or device that discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; and/or a receptacle or device that requires both a water supply connection and a discharge into the drainage system of the premises.
 
   (mm)    Premises.Land with its appurtenances and structures thereon; a dwelling unit and the structure of which it is a part and appurtenances and facilities therein and grounds, areas, and facilities held out for the use of the tenants generally or whose use is promised to the tenant; a room, shop, building, or any definite area. 
 
   (nn)    Rooming House.  A residential building with sleeping rooms for lodgers, wherein no dining facilities are maintained for the lodgers, as distinguished from a boarding house.  For the purposes of this Code, the term “Rooming House” may be included in the term “Building,” “Dwelling” or “Structure.”
 
   (oo)    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.
 
   (pp)    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, metal, mineral matter, glass, crockery and dust and other similar materials. (See also “Garbage,” “Junk” and “Litter”).
 
   (qq)    Storage.  A space or place where goods, materials or personal property is placed and kept for more than 24 consecutive hours.
 
   (rr)    Strict Liability Offense.  An offense whose elements do not contain the need for criminal intent or mens rea; in prosecuting such case, it only need be proven that the defendant either did the act which was prohibited, or failed to do an act which the defendant was legally required to do.
 
   (ss)    Structure.  A combination of materials forming an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but excluding the following: utility mains, lines and underground facilities.  As used in this Code, the term “Structure” may include the terms “Building,” and/or “Dwelling.”
 
   (tt)    Tenant. Any person, corporation, partnership or group who occupies or has a leasehold interest in a building, structure, dwelling or premises, or any part thereof, under an agreement with the owner.
 
   (uu)    Toilet Room.  A room containing only a toilet, with no washbasin, bathtub or shower.  In addition to the toilet, toilet rooms may also contain a urinal and/or a bidet.
 
   (vv)    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 person or damage to property.
 
   (ww)    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.
 
   (xx)    Vacant.   Lands or buildings that are not actively used for any purpose.
 
   (yy)    Ventilation.  The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
 
   (zz)    Water Closet.  A room containing a toilet and a washbasin.  In addition to the toilet, water closets may also contain urinals and/or bidets.                                                                   
   (aaa)    Workmanlike.  Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
 
   (bbb)    Yard.  An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward.
(Ord. 04-36.  Passed 1-18-05.)