1323.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (a)   “Public nuisance” means any fence, wall, garage, shed, house, building, structure, lot, tree, pole, smoke stack or any excavation, basement, cellar, well, cistern or sidewalk subspace or part thereof, which shall be deemed a public nuisance if by reason of the condition in which the same is permitted to be or remain, shall or may endanger the health, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more persons in the City in any one or more of the following particulars:
      (1)   By reason of being detrimental to the general health of the community;
      (2)   By reason of being a fire hazard;
      (3)   By reason of being unsafe for occupancy, or use on, in, upon, about or around the above premises; or
      (4)   By reason of continued vacancy thereby resulting in lack of reasonable or adequate maintenance of structures and grounds and causing deterioration and blighting influence on nearby properties and thereby depreciating the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the neighborhood in which such structure is situated.
   (b)   “Owner” means the owner of record of the premises in fee or lesser estate therein, a mortgagee or vendee in possession, land contract purchaser, assignee of the rents, receiver, executor, administrator, trustee, lessee or other person, firm or corporation in control of a building, or their duly authorized agents. Any such person thus representing the owner shall be bound to comply with the provisions of this chapter to the same extent as if he were the owner.
   (c)   “Nuisance property” means any property on which, or in connection to which, there have been two or more public nuisances as defined in this section within any twelve month period. The Zoning Inspector must serve a written notice to the owner declaring that such property is a nuisance property. The notice shall include a description of prior public nuisances and warn that additional public nuisances, or the continuance or recurrence of prior public nuisances, may result in the costs of responding to and abating such activities being imposed on the owner.
      (Ord. 7-06. Passed 3-7-06.)