(a) For the purposes of this Article, NUISANCE as the doing of an unlawful act, or the omitting to perform a duty, or the suffering or permitting of any condition or thing to be or exist, which act, omission, condition, or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others; or
(2) Offends decency; or
(3) Is offensive to the senses; or
(4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or
(5) In any way renders other Persons insecure in life or the use of property; or
(6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(b) The following definitions shall also apply throughout this Article:
(1) AGRICULTURAL PROPERTY. Any parcel, lot, plot, or portion of a parcel, lot, or plot on which agricultural activities are conducted, including but not limited to the production of crops, livestock, poultry, or horticultural products. Portions of parcels or lots used for residential purposes shall not be considered Agricultural Properties, even if a portion of a larger parcel or lot that would be properly classified as an Agricultural Property.
(2) ATTRACTIVE NUISANCE. Any condition maintenance or permitted on a Premises that is particularly dangerous to children, of such a nature that children may not immediately comprehend the danger, and particularly attractive to children. Attractive Nuisances include, but are not limited to, discarded iceboxes or refrigerators, Abandoned Vehicles, and unsecured trampolines or swimming pools.
(3) BUILDING. A Structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of Persons, animals, chattels, or property. When separated by firewalls, each portion of such a Building shall be considered a separate Structure. See also Structure.
(4) CODE ENFORCEMENT OFFICIAL. The official who is charged with the administration and enforcement of this Article, or any of his or her duly authorized representatives, including, but not limited to, the Greenwood City Code Enforcement Officers or their designees, and authorized members of the Greenwood Police, Fire, and Community Development Services Departments.
(5) EMERGENCY OR SAFETY CONCERN. The presence of a condition, regardless of cause, which poses an immediate risk of injury or death if not promptly abated or remedied. This includes, but is not limited to, the presence of obstructions in rights-of-way, sidewalks, or streets; the presence of an unsecured Attractive Nuisance; and other extremely Hazardous Conditions.
(6) HAZARDOUS CONDITION. Any condition likely to cause injury to any Person. It shall not mean a temporary condition caused by weather such as rain, snow or ice.
(7) JUNK. Any articles in any form composed of or consisting of any secondhand, discarded, abandoned or cast-off metals or materials, including, iron, brass, bronze, copper, tin, zinc, lead, any other metals or compounds thereof, broken glass, rags, clothing, rubber, plastics, and synthetic substances and fabrics, bottles, papers, feathers or any other waste material or any compound or by-product of the foregoing enumerated materials; Junk shall also include and mean wrecked, abandoned or dismantled automobile or parts thereof.
(8) OCCUPANCY. The purpose for which a Building or portion thereof is utilized or occupied.
(9) OCCUPANT. Any individual living or sleeping in a Building, or having possession of a space within a Building.
(10) OWNER. Any Person, agent, Operator, firm or corporation having a legal or equitable interest in the property; or recorded in the office of the Johnson County Recorder holding title to the property; or otherwise having control of the property, including 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.
(11) PERSON. An individual, corporation, partnership or any other group acting as a unit.
(12) PEST. An injurious or destructive insect, animal, rodent, reptile, or invasive species of plant which poses a substantial risk to human, domestic animal, or native plant species health and welfare.
(13) PREMISES. A lot, plot, or parcel of land or groups of lots, plots, or parcels of land, whether residential, commercial or industrial, including any Structures thereon or for which Improvements are to be installed and/or benefit from the existence of these Improvements.
(14) REFUSE. All solid waste products which are composed wholly or partly of such materials as Garbage, sweepings, cleanings, trash, Rubbish, litter, industrial solid wastes or domestic solid wastes including organic wastes or residues of animals, meat, fruit, vegetables, grains or fish; animal excreta or carcasses of animals; Rubbish including wood, leaves, vegetation, tree trimmings, dead trees and shrubs, branches, sawdust, shavings, grass, paper products, straw, rags, clothing and all other combustibles; waste matter composed of soil, clay, sand, earth, gravel, fill, stones, bricks, plaster, glass, glassware, crockery, ashes, cinders, shells, metal and other non-combustibles; waste debris resulting from the construction, demolition, repair, or alteration of Structures or Buildings; accumulated waste materials composed of cans, containers, tires, Junk, vehicle parts or other substances which may become a Nuisance.
(15) RESPONSIBLE PARTY. Person, agent, Operator, firm, corporation, or federal, state, or local governmental agency having responsibility for maintenance of Improvements located on the Premises, rights-of-way, or easements. Said party shall be the Owner unless responsibility for such maintenance is provided in other Codes, restrictive covenants, or is legally established to be the responsibility of another Person, agent, Operator, firm, corporation, or federal, state, or local governmental agency. In some cases, more than one Person, agent, Operator, firm, corporation, or federal, state, or local governmental agency may be concurrently classified as a Responsible Party. For violations existing on property for which more than one Responsible Party exists, any liability imposed shall be joint and several between all Responsible Parties.
(16) 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.
(17) STRUCTURE. Anything constructed or installed, the use of which requires a location on a parcel of land. It includes a moveable Structure, which is located on land, which can be used for housing, commercial, business, and agricultural or office purposes, either temporarily or permanently. The term also includes recreational vehicles to be installed on a site for more than 180 days.
(18) TENANT. A Person, corporation, partnership or group, whether or not the legal Owner of record, occupying a Building or portion thereof as a unit.
(Ord. 16-14, § 1, 4-4-16)