As used in this chapter, unless the context requires a different meaning:
(1) "Accessory structure" shall mean a structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure.
(2) "Blighted premises" shall mean premises which, because of their age, obsolescence, dilapidation, deterioration, lack of maintenance or repair, the occurrence of criminal acts which constitute public nuisances at the premises or any combination thereof (including the ineffectiveness of the City's code enforcement efforts after lawful issuance of citations or violation notices), constitute fire, health, or public safety hazard, or repeated and serious breaches of the peace, health hazard, public safety hazard or any combination thereof; an unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood; or a factor seriously depreciating property values in the neighborhood.
(3) "Building" shall mean a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded either by open spaces or lot lines, and which is used as a shelter or enclosure for persons, animals and/or property. This term shall be used synonymously with "structure," unless otherwise noted, and shall be construed as if followed by the words "part or parts thereof."
(4) "Building materials" shall mean any materials, including wood, stone, brick, steel beams, roofing, pipes, rebar, cement block or any composition thereof, used for such erection of any building or structure, or which have been used previously for such erection or construction by the same or by any other person.
(5) "Cord of firewood" shall mean a unit of quantity for cut fuel wood, equal to 128 cubic feet in a stack measuring four feet by four feet by eight feet.
(6) "Deterioration" shall mean the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.
(7) "Driveway" shall mean a roadway-like path with a surface of concrete or asphalt or stone for the egress of vehicles from, and the ingress of vehicles to, a residence, and from and to the right of way for which said residence is given an address.
(8) "Exposed to public view" shall mean any premises or any part thereof, or any building or any part thereof, which may be viewed by the public, or any member thereof, from a sidewalk, street, alleyway or open air parking lot, or from the area of any adjoining or neighboring premises normally used as part of the habitable portion of such premises.
(9) "Exterior of the premises" shall mean those portions of a building, which are exposed to public view, and the open space of any premises outside of any building erected thereon.
(10) "Fire hazard" shall mean anything or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may obstruct, delay or hinder or may become the cause of obstruction, a delay or a hindrance to the prevention, suppression or extinguishment of fire, or any other fire hazard defined in these Codified Ordinances.
(11) "Front yard," as pertaining to corner lots, includes lots located on any corner or abutting on two or more thoroughfares requiring a front yard setback pursuant to applicable provisions of the Zoning Code. As it applies to other lots, the front yard is that part of the yard which extends from the front of the building to the City right of way, which right of way is that to which the property is addressed.
(12) "Garbage" shall mean all putrescible wastes except wastes of the human body and other water-carried wastes and shall include all vegetable and animal wastes resulting from the handling, preparation, cooking and consumption of food. Any containers that have contained food or liquids for consumption by humans or other beings also shall be classified as "garbage".
(13) "Immediate neighborhood" shall mean an area separated by no appreciable space and specifically denoting a limited number of properties in a very close space relationship to each other, such as properties located within the same block.
(14) "Infestation" shall mean the presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
(15) "Inoperative motor vehicle" shall mean a vehicle which cannot be driven upon public streets for any reason, including but not limited to, lack of valid license, failure to display valid license plate as required by law, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
(16) "Junk" shall mean any one item or combination of any of the following: batteries, paper, rubber, storage of more than four bikes or parts thereof; lumber pallets or the accumulation of pallets in a residential area without permit; building materials that are stored for more than 30 days in an outside area where active building has not occurred.
(17) "Nuisance" shall mean and includes:
A. Any public nuisance known in law or as provided by the statutes of the State or the ordinances of the City;
B. Conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist and where the condition is perilous by active and negligent operation thereof;
C. Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this Exterior Maintenance Code; and
D. Fire hazards;
E. In addition, any premises containing debris, objects, materials or conditions that constitute a blighting or deteriorating influence on the neighborhood.
(18) "Operator" shall mean any person who has charge, care or control of a building, structure, dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner which includes, but is not limited to, a tenant.
(19) "Owner" shall mean the owner or owners of the premises, including the holder of the title thereto, a trustee, a vendor or vendee of a land installment contract, a mortgagee or receiver in possession.
(20) "Premises" shall mean a lot, plat, parcel of land, or reclaimed land, including the building or structures thereon.
(21) "Putrescible" shall mean objects that have the ability to decompose or rot.
(22) "Rags" shall mean clothing or cloth which is unfit for further use for its originally intended purposes, in its present condition.
(23) "Refuse" shall mean all putrescible and nonputrescible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, junk, ashes, dead animals, wood pulp products, boxes, old or discarded clothing, bedding, mattresses, furniture, appliances, and, furniture.
(24) "Registered mail" shall mean registered or certified mail.
(25) "Rope" shall mean materials of hemp, cotton, nylon, rayon, or any composition thereof, whether in a single piece or various parts, which is no longer safe to use or which can no longer be used for its intended purpose.
(26) "Rubbish" shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, tin cans, yard waste, wood, glass, crockery and similar materials.
(27) "Scrap metal" shall mean pieces or parts of steel, iron, tin, zinc, copper, or any alloy thereof, whether covered with porcelain or any other material whether intact or in parts which have served their usefulness in the original form or can no longer be used for the originally intended purpose.
(28) "Side yard" shall mean that portion of any yard which is not included in a front yard and which extends parallel from the back building line in relation to the right of way upon which the property abuts and goes forward to the nearest front building line to the abutting right of way.
(29) "Stored" shall mean left on premises and reserved for future, as opposed to present, use.
(30) "Structure" shall mean a combination of any material, whether fixed or portable, forming a construction.
(31) "Unlicensed motor vehicle" shall mean any motor vehicle for which a valid license plate can be, but has not been, issued and displayed on such vehicle, or has been issued but has expired.
(32) "Vehicle" shall mean a device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices moved by human power, such as bicycles. For the purposes of this chapter only, "vehicle" does not include "vehicular recreational equipment," as defined in subsection (33) hereof.
(33) "Vehicular recreational equipment" shall mean all campers, travel trailers, mobile or motor homes, converted buses, boats, trailers, whether for the transportation of portable tents, boats or other equipment or materials, and stock cars, none of which may exceed thirty-one feet in length.
(34) "Weathering" shall mean deterioration, decay or damage caused by exposure to the elements.
(35) "Yard waste" shall mean grass, leaves, branches, brush, organic natural matter and organic vegetative matter, but does not include animal waste or food waste, including meat and dairy products.
(Ord. 2013-33. Passed 6-4-13.)