§ 156.005 DEFINITIONS.
   (A)   Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
   (B)   Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
   (C)   Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, International Plumbing Code, International Mechanical Code, ASME A17.1 or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
   (D)   Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
   (E)   Parts. Whenever the words DWELLING UNIT, DWELLING, PREMISES, BUILDING, ROOMING HOUSE, ROOMING UNIT or STORY are stated in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
   ABATEMENT COSTS. Louisville Metro Government's costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or premises, or taking any other action with regard to a structure or premises to maintain and preserve public health, safety, and welfare in accordance with the portion of Louisville Metro Government's nuisance code pertaining to the condition of and maintenance of structures or premises, adopted pursuant to KRS 65.8801 et seq.
   APPROVED. Approved by the Code Official.
   BASEMENT. That portion of a building, which is partly or completely below grade.
   BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
   BEDROOM. Any room or space used or intended to be used for sleeping purposes.
   CODE OFFICIAL/DIRECTOR. The Director of the Department of Codes and Regulations or any duly authorized representative who is charged with the administration and enforcement of this chapter.
   CONDEMN. To adjudge unfit for occupancy.
   CONTRABAND PRODUCTION; CONTRABAND PRODUCTION CONTAMINATED PROPERTY. Any structure or premises which has been identified through scientific evidence by law enforcement; or federal, state, or local government health department; or federal, state or local government agency for environmental protection; to be contaminated with chemical residues as a result of CONTRABAND PRODUCTION, defined as the manufacture of methamphetamine, lysergic acid diethylamide [LSD], phenylcyclohexypiperidine [PCP], 3,4-methylenedioxymethamphetamine [MDMA, or ecstacy], or with the hydroponic cultivation of cannabis [marijuana], when such property has not been decontaminated. For the purposes of this chapter, contraband production contamination renders a property to be unsanitary; unsafe and unfit for human habitation, occupancy, or use; and dangerous to life, health or safety.
   DILAPIDATED ABANDONED PROPERTY. Any vacant structure or vacant unimproved lot or parcel of ground in a predominantly developed urban area which has been vacant or unimproved for a period of at least one year and which:
      (1)   Is rundown, decrepit, unsanitary, unsafe, vermin infested, or otherwise dangerous to the safety of persons, it is unfit for its intended use; or
      (2)   By reason of neglect or lack of maintenance has become a place for the accumulation of trash, debris and weeds in which Metro Government has in the past year abated a nuisance violation and in which there has been no response contact by the owner or possessor of the structure or lot with respect to any notice of violation and/or citation issued by Louisville Metro Government for at least one year.
   DONATION DROP-OFF BIN. Any receptacle or container located outside of an enclosed building and designed, intended or used for collection and temporary storage of donated items or materials including, but not limited to, clothing, shoes, books, toys, furniture, household materials and other like items. Donation drop-off bins are also known as donation collection bins/boxes, charity bins/boxes, clothing bins/boxes, clothing donation containers, or any combination thereof.
   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.
   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, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
   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. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
   HOTEL. A building or structure kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are furnished to the public, and includes motels, tourist homes, and similar establishments, but excludes boarding houses and rooming houses.
   IMMINENT DANGER. A condition, which could cause serious or life-threatening injury or death at any time.
   INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
   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.
   LAW ENFORCEMENT OFFICERS. A member of a lawfully organized police unit or police force of Louisville Metro Government or a suburban city of Jefferson County, who is responsible for the detection of crime and the enforcement of the general criminal laws of the state, as well as sheriffs, sworn deputy sheriffs, and campus police officers employed by an agency located in Jefferson County.
   LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
   MANAGED NATURAL LANDSCAPE. A planned, intentional, and maintained planting of native or non-native grasses, wildflowers, forbs, ferns, shrubs or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plantings. Maintenance is defined as keeping the planting within the defined area, free of noxious weeds.
   MEADOW VEGETATION. Grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Kentucky, and that are commonly found in forest, meadow, and prairie plant communities, not including noxious weeds.
   NATIVE PLANTS. Plants that existed in the area prior to European settlement.
   NOXIOUS WEED. An annual, biennial, or perennial plant designated by the KRS 176.051 to be injurious to public health, the environment, public roads, crops, livestock, or other property.
   OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
   OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
   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.
   ORNAMENTAL PLANT. Grasses, perennials, annuals, and groundcovers purposefully planted for aesthetic reasons.
   OWNER. A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
   PERSON. An individual, corporation, partnership, trustee, lessee, agent or assignee or any other group acting as a unit.
   PRAIRIE. A plant community dominated by a diversity of native perennial herbaceous plants and grasses.
   PREMISES. Any building, structure, parking lot, parcel of land, common area, driveway, open space or any portion thereof or the ground itself.
   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, swimming pools, ponds, basements, excavations, and unsafe fences or structures, as well as the keeping, placing or storage of any refrigerator, ice-box, ice-chest or other similar device or appliance, accessible to children on the exterior premises or in any common hallway, public area or premises; or
      (2)   Any premises which has unsanitary sewerage, plumbing facilities, or storm drainage; or
      (3)   Any premises designated as unsafe for human habitation or use; or
      (4)   Any premises which is manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property; or
      (5)   Any premises from which the plumbing, heating and/or facilities required by this chapter, have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided except in times of repair or renovation by management; or
      (6)   Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds or contains vehicles in violation of § 156.052(H); or
      (7)   Any tree which is in danger of collapse or which poses a danger of contamination because of disease, decay, injury, infestation, or damage; or
      (8)   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 and or in danger of collapse or failure and dangerous to anyone on or near the premises; or
      (9)   The disposal or accumulation of any foul, decaying, or putrescent substances or other offensive materials dangerous to public health in or on any premises which shall by reason of offensive odors become injurious to the health of any person; or
      (10)   Any item which is stored or used in a manner which the elements degrade the object/material causing a health or safety issue.
   RAIN GARDEN. A native plant garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants entering the sewer system, streams, lakes, and rivers.
   ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
   ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
   RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials, and the residue from the burning of wood, coal, coke, and other combustible materials.
   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.
   STRUCTURE. That which is built or constructed or a portion thereof.
   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.
   TRAILER. For the purposes of this chapter, includes travel trailers, boat trailers, noncommercial utility trailers and any other nonautomotive vehicle designed for hauling.
   TURF-GRASS LAWN. A lawn comprised mostly of grasses commonly used in regularly cut lawns or play areas (such as but not limited to bluegrass, fescue, and ryegrass blends), maintained at a height of no more than ten inches.
   VACANT. A structure, which is not legally occupied, or legally in use.
   VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
   WORKERLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, inline; undamaged and without marring adjacent work.
   YARD. An open space on the same lot with a structure.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 106-2008, approved 6-30-2008; Lou. Metro Am. Ord. No. 124-2009, approved 8-31-2009; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. 233-2012, approved 12-24-2012, effective 2-22-2013; Lou. Metro Am. Ord. No. 76-2014, approved 5-23-2014; Lou. Metro. Am. Ord. No. 181-2015, approved 10-26-2015; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 113-2017, approved 6-22-2017; Lou. Metro Am. Ord. No. 111-2021, approved 8-17-2021; Lou. Metro Am. Ord. No. 29-2022, approved 3-8-2022)