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Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings indicated in this section.
ANCHORED: Secured in a manner that provides positive connection.
APPROVED: Approved by the Code Officer.
BASEMENT: That portion of a building that is partly or completely below grade.
BATHROOM: A room containing plumbing fixtures including a bathtub and/or shower.
BEDROOM: Any room or space used or intended to be used for sleeping.
BLIGHT: A situation which causes a reduction in property values, cosmetic values, and/or poses hazards; a deterioration and/or decay of buildings due to neglect. Also referred to as Urban Blight.
CONDEMN: To adjudge unfit for occupancy.
DETACHED: When a structural element is physically disconnected from another.
DETERIORATION: To weaken, disintegrate, corrode, rust or decay and loose effectiveness.
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT: That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
EQUIPMENT SUPPORT: Those structural members or assemblies or members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operation load between the equipment and the structure.
EVIDENCE OF VACANCY: Conditions leading a reasonable person to believe property is vacant such as overgrown vegetation, unsecured, deterioration, mail/newspaper accumulation, junk.
EXTERIOR PROPERTY: The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION: The control and extermination of insects, rodents or other pests by elimination of their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying , fumigating, trapping or by any other approved pest elimination methods.
FIRE HAZARD: No person shall knowingly violate any provision of the Ohio Fire Code or fail to comply with the fire prevention measures or fire protection activities prescribed in the Ohio Fire Code.
GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
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.
HABITABLE SPACE: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space.
HOUSEKEEPING UNIT: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such unit, a toilet, lavatory and bath tub or shower.
ILLEGALLY OCCUPIED: Loitering or vagrancy, other than pending landlord/tenant dispute.
IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.
When there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger for the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or any such materials, or operation of defective or dangerous equipment, the mayor is hereby empowered to cause an order to require the occupants to vacate the premises forthwith. The order may be posted at each entrance to such structure reading as follows: "This structure is unsafe and its occupancy has been prohibited." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
INFESTASTION: The presence, within or continuous to, a structure or premises of insects, rodents, vermin or other pests.
INOPERABLE MOTOR VEHICLE: A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
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 above labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
LET FOR OCCUPANCY OR LET: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, 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.
LONG CONTINUED VACANCY: The lack of reasonable or adequate maintenance of the structure leading to the depreciation, enjoyment, and use of other property in the immediate vicinity to such an extent that it is harmful to the community in which the situation is located. (Ord. 1876. Passed 6-11-15
NEGLECT: The lack of proper maintenance for q building or structure.
OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT: Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person if ordered to take possession of real property by a court.
PERSON: An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION: The control and elimination of insects, rodents or other pests by elimination of their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
PREMISES: A lot, plot or parcel of land, easement or public way, including structures thereon.
PUBLIC WAY: Any street, alley or parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
RODENT: A small gnawing mammal that has in both jaws a single pair of incisors with a chisel shaped edge.
ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one or two family dwelling.
ROOMING UNIT: Any room or group of rooms forming a single habitable occupied or intended to be occupied for sleeping or living but not for cooking purposes.
RUBBISH: Combustible and non-combustible 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, metals, mineral matter, glass, crockery and dust and other similar materials.
SECURED BY OTHER THAN NORMAL MEANS: Secured by means other than meant in building design.
SLEEPING UNIT: A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE: That which is built or constructed or a portion thereof.
TEMPORARY SAFEGUARDS: Notwithstanding other provisions of this code, whenever there is imminent danger due to an unsafe condition, the Mayor shall cause an order for the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as deemed necessary to meet such emergency.
TENANT: A person, corporation, partnership, or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM: A room containing a water closet or urinal but not a bath tub or shower.
ULTIMATE DEFORMATION: The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
UNFIT FOR HUMAN OCCUPANCY: A structure is unfit for human occupancy whenever any of the following, but not limited to, conditions are found: such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rodent infested, contains filth and contamination, or lacks proper ventilation, illumination, water/sewer/sanitary or heating facilities , or other essential equipment, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
UNLAWFUL STRUCTURE: An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.
UNOCCUPIED: Building not being used as authorized by owner, abandoned or foreclosed.
UNSAFE STRUCTURE: An unsafe structure is one that is found to be dangerous in, upon, or around the premises to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect occupants from the elements; or because such structure is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
UNSECURED: Building (or portion open to entry by unauthorized persons by other than normal means.
VACANT: Unoccupied, unsecured by other than normal means, unsafe as determined by Code Officer, unoccupied with utilities disconnected and/or code violations, unoccupied over 90 days.
VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from any space.
VERMIN: Various small animals or insects that are destructive, annoying or injurious to health.
WORKMANLIKE: Executed in a skilled manner: i.e. generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD: An open space on the same lot with a structure.
CODE OFFICER: The Official who is charged with the administration and enforcement of this Code, or any duly authorized representative of same.
(Ord. 1917. Passed 8-10-17.)