For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ABANDONED VEHICLE. Any vehicle that is inoperative, damaged, junked, partially or completely dismantled, or used for storage purposes.
AT LARGE. A dog or livestock inside the corporate limits of the city, off the premises of the keeper, and not under complete control by adequate leash. The definition includes, but is not limited to, any dog or livestock upon, or capable of reaching, any public right-of-way, except if the dog or livestock is on a leash in full and complete compliance with §§ 91.02, 91.15 through 91.21, and 91.35 through 91.37. Excepted from this definition are dogs in obedience or field training exercises under the direct supervision of a handler.
AUTHORIZED REPRESENTATIVE. Officers and personnel named by City Council. Law enforcement officer or officers representing the city for purposes of ordinance enforcement and citations. For purposes of abatement proceedings as set forth in §§ 90.46 through 90.49 herein, the term CHIEF OF POLICE shall also include any code enforcement officer as designated by the city, including, but not limited to, the City Recorder/Administrator, Building Official, Fire Marshal, or County Representative, as determined the Council.
BUILDING. A permanent, four-sided roofed structure built or used for the shelter or enclosure of persons, animals, chattels, or property of any kind.
CAMPING VEHICLE. Either a vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and that is intended for human occupancy and for vacation and recreational purposes, but not for residential purposes, and is equipped with plumbing, sink, or toilet. (See Ord. 99-473, passed 10-25-1999.)
CHILD. Any person less than 18 years of age.
CITY. The City of Falls City, Oregon.
COUNCIL. The governing body of the city.
DANGEROUS BUILDING.
(1) Any building or structure that is structurally unsafe or not provided with adequate egress, or that constitutes a fire hazard, or is otherwise dangerous to human life;
(2) Any building or structure constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment;
(3) Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified by the pertinent code;
(4) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
(5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
(6) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one- and one-half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location;
(7) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location;
(8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(9) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings;
(10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
(11) Whenever the building or structure, or any portion thereof, because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause, is likely to partially or completely collapse.
(12) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(14) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
(15) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:
(a) An attractive nuisance to children;
(b) A harbor for vagrants, criminals or immoral persons; or
(c) As to enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
(16) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings;
(17) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the:
(a) Strength;
(b) Fire-resisting qualities or characteristics; or
(c) Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
(18) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(19) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal or Building Official to be a fire hazard;
(20) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or inequity jurisprudence; or
(21) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
EXOTIC ANIMALS.
(1) Any lion, tiger, leopard, cheetah, ocelot, or any other cat not indigenous to the state, except the species Felis cactus (domestic cat);
(2) Any monkey, ape, gorilla, or other non-human primate;
(3) Any wolf or any canine not indigenous to the state, except the species Canis familiaris (domestic dog); and
(4) Any bear, except the black bear (Ursus americanus).
LIVESTOCK. Includes, but is not limited to, cattle, sheep, horses, mules, miniature horses, goats, pygmy goats, ratite (such as ostrich, cassowary, emu, moa, and the like), or other animal, excluding swine, but including any furbearing animals bred and maintained commercially or otherwise on property or within pens, cages, and hutches.
PERSON. A natural person, firm, partnership, association, or corporation.
PRIVATE PROPERTY. A tax lot as recorded in the records of the county regardless of the number of lots or record contained therein. (See Ord. 99-473, passed 10-25-1999.)
PROPERTY OWNER. Property owner as recorded with the County Assessor’s office and the City Utility Department to determine the last known address.
PUBLIC PLACE. Any building, place, or accommodation, whether publicly or privately owned, open and available to the general public.
RECREATIONAL VEHICLE. A vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal, or emergency purposes, including, but not limited to, camping vehicles.
STORAGE. Placement anywhere on private property outside of a legally existing enclosed structure for a period in excess of 72 hours.
VEHICLE. Every device in, upon, or by that any person or property is or may be transported or drawn upon a public highway, except devices used exclusively upon stationary rails or tracks. The definition of a VEHICLE includes wheeled devices that do not require licensing by the state.
WILDLIFE. Includes, but is not limited to, amphibians, antelope, beaver, black bear, bobcat, cougar, coyote, deer, elk, fisher, marten, mink, moose, mountain goat, mountain sheep, muskrat, otter, raccoon, reptiles, red fox, silver fox, gray squirrel, and gray fox.
(Prior Code, § 90.01) (Ord. 06-512, passed 7-5-2006; Ord. 07-516, passed 7-2-2007; Ord. 08-519, passed 5-12-2008; Ord. 561-2023, passed 9-11-2023)
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