For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACCESSORY STRUCTURE. A detached building or other structure in a secondary or subordinate capacity from the main or principal structure on the same premises.
APPROVED. Approved by the Enforcement Authority.
APPROVED SURFACE. Includes, but is not limited to, a concrete, asphalt or gravel area which is continuous to a driveway or right-of-way.
APPURTENANCE. A subordinate portion of a structure attached to the primary structure.
BASEMENT. The portion of a building that is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any habitable room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
CENTRAL HEATING/PRIMARY HEAT SOURCE. The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.
CHIMNEY. A vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
CITY. The City of Fort Wayne, Indiana.
CODE OFFICIAL. The City of Fort Wayne official, or any duly authorized representative, including but not limited to the Enforcement Authority, who is charged in his or her official duties with the administration and enforcement of this chapter and who has been given a special police commission granted by the Board of Public Safety authorizing him or her to enforce this chapter.
CONDEMN. To adjudge unsafe and/or unfit for occupancy.
DILAPIDATED. In a state of disrepair or ruin and no longer adequate for the purpose or use for which it was originally intended.
DWELLING. A structure, partly or wholly, intended for or being used for living or sleeping by human occupants; provided that temporary housing as defined in this section shall not be regarded as a dwelling.
(1) SINGLE-FAMILY DWELLING. A building containing a one or two family dwelling unit.
(2) MULTI-FAMILY DWELLING. A building or portion thereof containing three or more dwelling units.
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.
EGRESS. An arrangement of exit facilities to assure a safe means of exit from a building to ground level.
ENFORCEMENT AUTHORITY. Department of Neighborhood Code Compliance of the City of Fort Wayne, which is responsible for the administration and enforcement of the provisions of this chapter.
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 elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.
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. A space in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
HEARING OFFICER. As used in this chapter, HEARING OFFICER shall have the same meaning as "Hearing Authority" under IC 36-7-9-2, and the same is incorporated by reference herein.
HOTEL. A building providing, for compensation, sleeping accommodations and customary lodging services where guests enter through a main lobby of the building to get to each rental unit. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death.
INFESTATION. The presence, within or contiguous to a structure or premises, of insects, rodents, vermin or other pests.
INOPERABLE VEHICLE. A vehicle which cannot be driven/operated upon the public streets for reasons including but not limited to being 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 production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
MOTEL. A building or series of buildings, typically one or two stories, in which sleeping accommodations are offered for compensation, and which is distinguished from a hotel/motel primarily by providing independent exterior access to, and adjoining parking for, each rental unit.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual, living, sleeping, cooking or eating in or having possession of a dwelling unit, structure, or premises.
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.
ORDER FOR ABATEMENT. A notice requiring action to lessen, reduce or remove a nuisance including but not limited to order to abate, order to seal, order to demolish, and/or emergency order to demolish.
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 a receiver, trustee, conservator or the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON. An individual, heirs, executors, administrators or assigns, and also includes a firm, entity partnership or corporation or their successors or assigns, or the agent of any aforesaid.
PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
PROPERLY CONNECTED. Connected in accordance with all applicable state and local codes and ordinances. The application of this definition shall not require the alteration or replacement of any existing connection in good working order and not constituting a hazard to health or safety or deterioration of property.
PUBLIC NUISANCE. Includes the following:
(1) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures; or the required precautions against trespassers have not been provided; or
(2) Any premises from which the plumbing, heating, electrical and/or facilities required by this chapter have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective; or
(3) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter; in danger of collapse or failure and is dangerous to anyone on or near the premises; or
(4) Any structure where the paint has been severely removed by time or where the paint is chipped or bleeding; or
(5) Any condition on a premises including but not limited to: improper drainage, weeds, or any similar condition affecting the general health and/or safety of the community.
(6) Dead trees within the City which are determined to constitute a public hazard or threat to health, safety, life, or property.
PUBLIC WAY. Any street, alley or similar 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.
REFUSE. All waste solids (except body wastes) including garbage, rubbish, ashes and dead animals.
REFUSE CONTAINER. A watertight container that is constructed of metal or other durable material such as vinyl or plastic that is capable of being serviced without creating unsanitary conditions.
ROOMING HOUSE. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator for occupancy by three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner operator.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used as a residence, but not for cooking or eating purposes.
SAFE and SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease.
STAIRWAY. One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor or level to another in a building or structure.
STANDARD OPERATING PROCEDURES. Written procedures prescribed for repetitive use as a practice, and written in accordance with agreed upon directives aimed at obtaining a desired outcome without loss of effectiveness.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove 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, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.
SUBSTANTIAL PROPERTY INTEREST. The definition of SUBSTANTIAL PROPERTY INTEREST under IC 36-7-9-2 is hereby incorporated into this chapter by reference.
TEMPORARY HOUSING. Any tent, trailer, mobile home or any temporary structure used for human shelter which is not attached to the ground, to another structure, or to any utility system on the same premises.
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 bathtub or shower.
TOXIC SUBSTANCE. Any chemical product which constitutes a potential hazard to human health at acute or chronic exposure levels.
TRASH AND DEBRIS. Combustible waste materials, including 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, tires, garbage and other similar materials.
UNSAFE BUILDING LAW. The Indiana Unsafe Building Law codified as IC 36-7-9-1 through 36-7-9-29, as it may be amended from time to time.
UNSAFE PREMISES. A tract of real property that may or may not contain a building or structure, excluding land used for agriculture, that is found to be a fire hazard, a hazard to public health, a public nuisance; or dangerous to a person or property because of a violation of a statute or an ordinance.
VEHICLE. Any device in, upon or by which is used for transporting people or goods or drawn upon a highway, public road or thoroughfare.
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE. Done in a reasonably skillful manner, especially when used in reference to maintenance and repair and according to current industry standards, or otherwise applicable state and local codes and ordinances.
(‘74 Code. § 14.7-1) (IPMC 2006 Sec. 202) (International Residential Code, hereinafter IRC, 2006 Sec. R202)
(Ord. G-31-85, passed 12-23-85; Am. Ord. G-25-99, passed 12-14-99; Am. Ord. G-07-09, passed 2-24-09; Am. Ord. G-8-17, passed 4-25-17)