For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE OFFENSE. Administrative offense procedures established pursuant to this chapter are intended to provide the public and the city with an informal, cost effective and expeditious alternative to the traditional criminal charges for violations of this chapter.
(1) This provision is intended to be voluntary on the part of those who have been charged with these administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the city may bring criminal charges in accordance with law.
(2) Likewise, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative procedures but does not pay the monetary penalty which may be imposed, the city will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
BOARD OF REVIEW. The appointed Property Maintenance Board of Review and/or the City Commission.
BODILY INJURY. Bodily injury shall mean bodily injury, sickness or disease (including death resulting at any time therefrom), mental anguish, and mental injury, which may be sustained or claimed by any person or persons.
BUILDING. Any structure having a roof supported by columns or walls, whether occupied or vacated. When divided by party walls without openings, each portion of the building so separated shall be deemed a separate BUILDING, including, but not limited to, accessory buildings or structures which attached or detached, secondary or subordinate capacity from the main or principal building or structure on the same premises.
CITY. The City of Glenwood, its elected and appointed officials, employees and volunteers working on behalf of the city.
ENFORCEMENT OFFICER. The person or persons designated by the City Commission.
GRAFFITI. Inscriptions, drawings, paintings or other visual markings that defaces property, either public or private, including but not limited to signage or displays that are clearly visible that may be deemed as rude, offensive, abusive, obscene or threatening language or gesture offensive, pornographic or otherwise inappropriate to the general public.
LOSSES AND LIABILITIES. False arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, discrimination, mental anguish, wrongful entry or eviction, violation of property or deprivation of rights, privileges or immunities secured by the constitution and laws of the United States of America or the State of Minnesota, for which others may be liable to the injured party in any action at law, suit in equity or other proceedings for redress.
PERSON. Includes a corporation, firm, partnership, association, organization and any other group acting as a unit owner as well as individual owner. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word PERSON is used in any section of this chapter prescribing a penalty or fine as to partnerships or association, the word shall include the officers, agents or members thereof who are responsible for any violation of the section and/or leaseholders or persons who have been granted permission to use the property by the property owner.
PROPERTY. Any buildings and any parcel of land, with or without any structure or structures (temporary or permanent), along with anything that is on the land, including, but not limited to: structures, fixtures, equipment, natural features, fences, amenities, parking lots, driveways, stumps, trees, bushes, compost piles and related premises.
PROPERTY DAMAGE. The damage or destruction of any property, including the loss of use thereof
REPAIR. To alter or restore to a sound, acceptable state of operation, serviceability or appearance. REPAIRS shall be expected to be of a quality that would last as long as if replaced by new items.
REPLACE or REPLACEMENT shall mean to remove an existing item or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. REPLACEMENT ordinarily takes place when repair of the item is impractical.
(Ord. 113, passed 3-11-2014)