For the purpose of this article, the following words and terms shall have the meanings respectively ascribed:
(a) Dilapidate: To cause or allow (a structure, automobile, etc.) to fall into a state of despair, as by misuse or neglect (often used passively).
(b) Dwelling: Any building or structure or part thereof used and occupied for human habitation or occupation or intended to be used, including any outbuilding and appurtenances belonging thereto or usually enjoyed therewith.
(c) Enforcement: The provisions of this article shall be administered and enforced by the Code Enforcement Officer under supervision of the Mayor or his authorized designees or Building Official.
(d) Junk: Litter, debris, rubber, waste materials of any kind, dead animals, used or unserviceable automobile and machinery parts, scrap, salvage, or used and non~ functional furniture and appliances, used and non-functional tools, equipment, and implements.
(e) Junk Vehicle: An abandoned motor vehicle that does not display a current license plate or tag, updated vehicle registration, valid insurance coverage, and that:
(1) Is wholly or partially dismantled or wrecked; or
(2) Cannot be self-propelled or moved in the manner in which it was intended; or
(3) Is disabled and/or in an inoperative condition if it is not moved for a time period of thirty (30) days, except it is enclosed within a garage or other building or behind an opaque fence that completely obstructs the view.
(f) Junk Yard: A lot or parcel, whether enclosed or not, used for the collection, storage, keeping, sale, abandonment, or resale of junk vehicles including scrap metal, rags, paper, or other scrap materials, used lumber, salvage house wrecking, and other structural steel material and equipment, or other dismantling, demolition or abandonment of any junk vehicles, or other machinery, appliances or parts of appliances.
(g) Kennels: Any facility, structure, or shelter established for the boarding (overnight) of domestic animals, limited to five or more dogs and/or cats of four months of age or older. Breeding and training of dogs and/or cats and the sale of puppies and/or kittens to the public are classified as kennel activities.
(h) Manufactured Home: A home that was factory built in the U.S.A. to the HUD Title 6 construction standards which took effect June 15, 1976 and displaying a certification Label and Data Plate. .
(i) Mobile Home: A mobile home is a factory-built home that was built before June 15, 1976, and not built to a uniform construction code. HUD presumes these homes to be unfit for habitation.
(j) Modular Home: A home that is factory-built and constructed in compliance with the International Building Code and/or International Residential Code 2006.
(k) Nuisance: Anything that causes injury, inconvenience, or damage to another, and the fact that the act done may otherwise be lawful, shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be such as would affect general public.
(l) Occupant: Any person who occupies real property, whether with or without any right, title, or interest in the property, and any person in possession or charge of such property, in the event the owner resides or is located elsewhere.
(m) Owner: Any person, persons, organization, or corporation that owns, in whole or in part, the land, structure, or other property or is the purchaser of the property under contract or deed.
(n) Public or Private Property: The right-of-way of any public road or street, any property owned or operated by the Town of Eleanor; any public playground, body of water or watercourse, recreation area; residential or farm property; or privately owned land, parcels of land, buildings, or structures; or any other property not designated or approved by state or county authority as a landfill.
(o) Town: The Town of Eleanor, Putnam County, West Virginia
(p) Vehicle: Any device designed with an internal combustion engine for motorized transportation of persons or property over public right-of-ways.
(q) Visible: Capable of being seen without visual aid by a person of normal visual acuity.
(r) Weeds: As used herein, means any of the following:
(1) Brush and woody vines shall be classified as weeds;
(2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
(3) Weeds which bear or may bear seeds of a downy or wingy nature;
(4) Weeds which are located in an area which harbors rats, insects, animals, reptiles or any other creature which either may or does constitute a menace to public health, safety, or welfare of the community;
(5) Weeds or indigenous grass on or about residential property, which, because of its height, has a blighting influence on the neighborhood.
(6) Any such weeds and indigenous grass shall be presumed to be a nuisance if grown to a height higher than allowable in this article.
(Ord. 11-04.)