For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ABANDONED.” In addition to those definitions provided by state codes, local ordinances and case law, the term means and refers to any item, which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:
(1) Present operability and functional utility;
(2) Has ceased to be used for is designated and intended purpose;
(3) The date of last effective use;
(4) The condition of disrepair or damage;
(5) The last time an effort was made to repair or rehabilitate the item;
(6) The status of registration or licensing of the item;
(7) The age and degree of obsolescence;
(8) The cost of rehabilitation or repair of the item versus its market value; and
(9) The nature of the area and location of the item. (Items such as furniture, toys, appliances, stoves, refrigerators, freezers, washing machines, dryers, dishwashers, water heaters, television sets, and the like left outside the home in view for over 48 hours and includes items not intended for use or storage in an outdoor environment.
“ABATE.” To repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the City Administrative Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances in his or her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.
“ATTRACTIVE NUISANCE.” Any condition, instrument or machine which is unsafe, unprotected and may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or, any lumber, building materials, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors.
“DESIGNATED ENFORCEMENT OFFICER.” The City Administrative Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances.
“DISMANTLED.” That from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.
“GARBAGE.” The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food and similar animal and vegetable refuse whether liquid or solid, or any accumulation of any sour, decaying or putrescent substance, either gas or solid.
“GOOD REPAIR.” External structure elements of buildings being maintained in a state of repair, which allows that element to provide the functional use for which it was intended.
“ILLEGAL DISPLAY OR STORAGE.” Items in view that are not in a lawful four wall with roof enclosure and not intended for seasonal or immediate use on the property where displayed, items partial or fully concealed with a covering violate this section, in-view for over 48 hours.
“INOPERATIVE.” Incapable of functioning or producing activity for mechanical or other reasons.
“IN-VIEW.” Any nuisance that can be seen from any public view or from any adjacent private property.
“LIENHOLDER.” Any person, as defined in this section, who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property.
“NUISANCE.” Any public nuisance known at common law or in equity jurisprudence, or any condition defined as a nuisance under this ordinance.
“OWNER.” means the registered owner of a vehicle, the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the county, renter(s), lessor(s) and other occupants residing permanently or temporarily on property.
“PERSON.” Individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver or any other entity.
“PREMISES/PROPERTY.” Any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, occupied or unoccupied.
“RESIDENT.” Any person over the age of 18 who lives part or full time at the residence where the violation is alleged to have occurred in the city.
“SCRAP METAL.” Metal pieces or parts no longer being used for its intended purpose.
“STAGNANT/POLLUTED WATER.” Standing water for longer than four days, without proper drainage or disbursement.
“STRUCTURE.” Anything constructed, built or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas.
“UNFIT FOR FURTHER USE.” Any household item, object, etc., or any device used to carry out a specific function which has served its usefulness (or is no longer being used) and is more or less in its original form and can no longer be used for its originally intended purpose or having defective or missing parts or in such a condition generally as to being unfit for further use or conveyance.
“WASTE ITEMS.” Boxes, bags, plastic, paper, clothing, discarded or unused items, trash, filth, waste material (solid or liquid), litter, rubbish, debris, building materials or any kind not being utilized for a current lawful on going construction project on site, containers or refuse of any kind left in view for over 48 hours.
“WRECKED.” That which has outward manifestation or appearance of damage to parts and contents, which may or may not be essential to operation.
“WEEDS.” Unhealthful plant growth such as but not limited to jimson, burdock, ragweed, thistle, cocklebur, or any other growth of a like kind or any plant growth not intended for aesthetic appeal or other legitimate purpose, such as crops, trees, bushes, flowers, ornamental plants. Whether a certain plant or plant is "ornamental" shall be solely determined by the City Administrative Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances, after consideration as to whether the plant and planting, taken as a whole, evidences some reasonably discernable and clearly recognizable beautification purpose.
(1) Evidence of the ornamental characteristics include, but are not limited to:
(a) Defined planting boundaries,
(b) Evidence that the resident actually works on the plant and plantings regularly to provide for a reasonable landscape scheme,
(c) Has employed landscape professionals in the planning of the plants or plantings,
(d) Can articulate a discernable landscaping scheme for the plants or plantings,
(e) Has spent money on the creation and upkeep of the plants or plantings.
(2) Evidence of the non-ornamental characteristics include, but are not limited to:
(a) That the plants or plantings grew from wild starts, without being planted by human hands,
(b) That the species of plants are not recognized as typical landscaping stock for the area,
(c) That the resident does not spend regular time tending the material,
(d) That there are no defined boundaries to the plants or plantings,
(e) That no money has been spent on the plants or plantings.
(Ord. 09-06, passed 8-11-09)