(a) "Abate" or "Abatement" shall mean means any individual technique or combination of techniques, the implementation of which may result in elimination, remediation or mitigation of a nuisance such that the premises is compliant with all applicable requirements of this Code and any other applicable housing, building, and fire code.
(b) "Chief Code Official" shall have the meaning set forth in Chapter 1331 of the Fairborn Codified Ordinances.
(c) "Commercial structure" shall mean a structure used for non-residential purposes.
(d) "Condition of nonuse" shall mean:
(1) Subsurface tanks used for the storage of flammable substances at a service station site have been permanently filled or removed, Council may, upon making a finding that the site can no longer be reasonably used for an automobile service station, declare the site and all buildings thereon and therein to be closed, vacant and inoperative and the conditions constitute nonuse;
(2) When a commercial structure becomes unsightly due to growth of weeds, broken windows or signage, placement of boards over windows and other visible indications of lengthy nonuse; or
(3) When the owner or lessee of a commercial structure has failed to operate the non-residential use for at least six consecutive months.
(e) "Criminal nuisance" shall mean any house, building, structure in which or upon which the same is permitted to be or remain, endangers health, life, limb or property, or causes any hurt, harm, inconvenience, damage or injury to any one or more persons in the City in any one or more of the particulars:
(2) Any violation of Permitting Drug Abuse as defined in the Ohio R.C 2925.13 and Fairborn Codified Ordinances 513.06.
(3) Any violation of Operating a Gambling House as defined in Ohio R.C. 2915.03 and Fairborn Codified Ordinance 517.03.
(4) Any alcohol related offense which is defined as a nuisance in Ohio R.C. 3767.01.
(5) Any prostitution or sex related offense which is defined as a nuisance in Ohio R.C. 3767.01.
(6) Any felony drug violation listed in Chapter 2925 or 3719 of the Ohio Revised Code.
(7) Keeping or permitting to be kept a habitual resort for thieves, burglars, robbers or persons involved in felonious conduct as defined in Ohio R.C. 3767.12.
(f) "Drive-in restaurant" shall mean an establishment where food and beverages are prepared for selling, dispensing, or serving directly to persons in motor vehicles or where food and beverages are prepared for selling or dispensing at the counter and where customers may eat the food or beverage inside the building, inside vehicles parked on the premises, or remove the food or beverage from the premises.
(g) "Enforcement authority" shall mean any City official charged or deputized with enforcing this Code.
(h) "Nuisance report" shall mean a report made by the Chief Code Official describing the determination of each nuisance existing on the premises.
(i) "Nuisance structure" shall mean any fence, wall, garage, shed, house, building, structure, pole, smokestack or any excavation, basement, cellar, well, cistern or sidewalk subspace or part thereof shall be deemed a public nuisance if it by reason of the condition in which the same is permitted to be or remain, endangers the health, life, limb or property, or causes any hurt, harm, inconvenience, damage or injury to any one or more persons in the City in any one or more of the following particulars:
(1) By reason of being a fire hazard as evidenced by a finding that one or more conditions described in Chapter 1507.02 exist upon the premises;
(2) By reason of being vacant and abandoned and having one or more conditions which violates a provision of any of the Building and Housing Codes of Part Thirteen of the Fairborn Codified Ordinances.
(j) "Public nuisance" shall mean any nuisance structure as defined under the Fairborn Codified Ordinances.
(k) "Owner" shall mean the owner or owners of the premises, contract buyer, a mortgagee or vendee in possession, or other person, firm or corporation in control of a building, or their duly authorized agents. Any such person thus representing the owner should be bound to comply with the provisions of the Fairborn Codified Ordinances to the same extent as if such person were the owner.
(l) "Premises" shall mean a lot, parcel, tract, plot of land, or sum total of the previous, containing all principal and accessory structures thereon.
(m) "Persons or Responsible Person" shall mean any person or persons, who use, occupy, establish, or conduct a public nuisance, or aid or abet therein.
(Ord. 34-17. Effective 12-7-17.)