(A) Scope. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
APPROVED. Approved by the Code Official.
BASEMENT. Portion of a building which is partly or completely below grade.
BATHROOM. Room containing plumbing fixtures including a bathtub or shower.
BUILDING. Any structure occupied or intended for supporting or sheltering any occupancy.
BUILDING CODE. The building code officially adopted by the Town Council and other such codes officially designated by the Town Council for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.
CODE OFFICIAL. Director of Community Development, and his or her inspectors or designees, as the official charged with the administration and enforcement of the Property Maintenance Code.
CONDEMN. Adjudge a unit unfit or unsafe for occupancy.
CONSTRUCTION DOCUMENTS. Any written, graphic or pictorial document prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit drawn to an appropriate scale established or approved by the Town Engineer.
DWELLING. Shall have its usual meaning and shall include the following:
(1) DORMITORY. A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.
(2) 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.
(3) HOTEL. Any hotel, motel or similar building containing six or more guestrooms intended or designed to be occupied, or which are rented or hired out to be occupied, for sleeping purposes by guests or invitees.
(4) SINGLE-FAMILY DWELLING. A building containing one dwelling unit with not more than five lodgers or boarders.
(5) ROOMINGHOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or a two-family dwelling.
(6) 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.
(7) TWO-FAMILY DWELLING. A building containing two dwelling units with not more than five lodgers or boarders per family.
EXTERIOR PROPERTY. All open space on the premises and on adjoining property under the control of the owner or operator of such premises.
EXTERMINATION. The control and elimination of insects, rats, other pests and vermin by eliminating their harborage places, by removing or making inaccessible materials that serve as their food source, by poisoning, fumigating, trapping or by any other approved method of elimination.
FAMILY. An individual or married couple and the children thereof with other persons related directly to the individual or married couple by blood or marriage or a group of not more than four unrelated persons, living together as a single housekeeping unit in a dwelling unit.
GARBAGE. Any animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food.
INFESTATION. The presence, within, upon or contiguous to any structure or premises, of insects, vermin or other similar pests that results in or poses any danger to the public health, safety or welfare or that threatens to harm or degrade any structure or premises.
INSPECTION CERTIFICATE. An identification applied on a product by an approved agency containing the name of the manufacturer, the function and performance characteristics, and the name and identification of an approved agency which indicates that the product or material has been inspected and evaluated by an approved agency.
LABEL. An identification applied on a product by the manufacturer which contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency and which indicates that the representative sample of the product or material has been tested and evaluated by an approved agency.
LET FOR OCCUPANCY and 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, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale or occupancy of land.
MANUFACTURER’S DESIGNATION. An identification applied on a product by the manufacturer indicating that a product or material complies with a specified standard or set of rules. (See MARK, LABEL, and INSPECTION CERTIFICATE)
MARK. An identification applied on a product by the manufacturer indicating the name of the manufacturer and the function of a product or material. (See MANUFACTURER’S DESIGNATION, LABEL, and INSPECTION CERTIFICATE)
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any person living or sleeping in a building or having possession of a space within a building.
OPERATOR. The owner or any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER. Any person, agent, operator, firm, corporation or entity having a legal or equitable interest in the property or premises; or recorded in the official records of the state, county or municipality as holding title to the property or premises; or otherwise having control of the property or premises, including the guardian of the estate of any such person, and the personal representative of the estate of such person or any person taking or in possession of real property by operation of law.
PLUMBING. The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the Plumbing Code.
PLUMBING FIXTURE. A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises that demands a supply of water from the water distribution system and discharges from wastewater, liquid-borne waste materials, or sewage either directly or indirectly to the drainage systems of the premises or which requires both a water supply connection and a discharge to the drainage system of the premises.
PREMISES. A lot, plot or parcel of land including any structure thereon.
PUBLIC NUISANCE. Means and includes any of the following:
(1) In addition to what is declared in this chapter to be a
PUBLIC NUISANCE, those offenses which are known to the common law and the statutes of Indiana a PUBLIC NUISANCE may, when found to exist within the town limits, be treated as such and be proceeded against as provided in this chapter, or in accordance with any other provisions of law. Wherever the word "nuisance" is used in this chapter it refers to a PUBLIC NUISANCE.
(2) No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property, or any agent thereof, shall permit, cause or allow to remain on or within such property or upon public ways abutting such real property any materials, trash, garbage, debris or any other matter which is or may be detrimental to public health, comfort, safety or aesthetic well being of the community.
(3) The following conditions shall also be considered to constitute a
PUBLIC NUISANCE for the purpose of this chapter:
(a) Litter;
(b) Fallen trees, tree stumps, dead trees, cut brush, fallen or cut limbs;
(c) Discarded or abandoned boxes, appliances, and household items;
(d) Demolition remains;
(e) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt or debris accumulations on any open or unfenced real property within the town;
(f) Any accumulation of garbage, trash or any similar debris, materials or scrap items that constitute or threaten the public health or safety;
(g) Any automobile parts; disassembled, inoperable or unlicensed automobiles; automobiles without engines or tires; plumbing and piping material and parts; scrap metal or materials; unseaworthy or dilapidated boats; dilapidated or deteriorated or inoperable jet skis, snowmobiles, vehicles, motorcycles, bicycles, trailers, mopeds, playground equipment or toys which are not kept completely enclosed in a building or structure in a residential district;
(h) Any structures or part thereof defaced with paint, graffiti, wording, symbols or any gang related designation or symbol;
(j) Any portion of real property or any personal property which emits any unwholesome, noxious, irritating or unsafe smell, odor or fume;
(k) Any wastewater, filth, offal, garbage, rubbish, animal waste, human excrement, which is deposited, allowed or caused to be remain upon any public or private property;
(l) Any accumulation or discharge of water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except in accordance with an approved drainage plan;
(m) Any dead animal or animal parts left exposed to public view or other property owners;
(n) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water or stormwater and causes it to collect or pool upon any private or public property;
(o) Any real or personal property which is infected with contagious disease which is likely to cause or contribute to an immediate health hazard to the occupants or the general public;
(p) The placing or accumulating on or within any real or personal property, or the permitting of same, of any matter which attracts or may attract rodents, insects, vermin, domestic or wild animals in such a manner as to create or pose a health hazard, unsanitary or dangerous condition;
(q) Any real or personal property, used as a place of residence, habitation or for sleeping, that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of, or defects in, any water, drainage, heating, electrical, plumbing or ventilation system or due to the lack of sanitary garbage and trash containment or removal;
(r) The storage of any explosive, combustible or other material which creates a safety or health hazard;
(s) Trees, shrubbery, weeds, vegetation, snow, ice or other matter obstructing any public way or that causes any visual barrier, obstruction or threat of harm to any motorist, bicyclist, vehicular or pedestrian traffic, or that may create or expose any person to an unsafe or hazardous condition;
(t) In residential districts, trash or garbage containers which are left on the sidewalk, the area between the street and sidewalk, in the front or side yard or on an unenclosed front porch or steps, except as permitted for trash and garbage collection purposes;
(u) Building materials stored in a residential district beyond the term of the building permit for which the materials were purchased or for which no permit has been issued;
(v) Any furniture, equipment, or appliance, not originally designed or manufactured for outdoor use; or any furniture, equipment, or appliance which was originally designed or manufactured for outdoor use which is in a dilapidated or deteriorated condition;
(w) Any use of any radio equipment in a manner not authorized by the Federal Communications Commission; any unauthorized operation of radio equipment on a frequency between 24 MHZ and 35 MHZ; and
(x) Any premises or part thereof that is in violation of this chapter or any ordinance or any state or federal law.
The maximum permissible duration for nuisances listed under items (b), (c), (d), (u), and (v) shall be 30 days.
RUBBISH. Any combustible or noncombustible waste materials, except garbage, and shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral material, glass, crockery and dust, recyclable material or items not placed for collection in an approved container and any other discarded or waste materials or goods.
TENANT. A person, corporation, partnership or entity, 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, toilet or urinal but not a bathtub or shower.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work or structures.
YARD. The open space on the same lot or premises outside any structure.
(B) Terms defined in other codes. Where terms are not defined in this chapter and are defined in the building, plumbing, electrical, mechanical or other codes, such terms shall have the meanings ascribed to them in any other codes adopted by the town or the state and any amendments that are made thereto.
(C) Parts. Whenever the terms "dwelling unit", "dwelling", "premises", "building, ""roominghouse", "rooming unit", structure" or "story" are stated in this chapter, they shall be construed as though they were followed by the term "or any part thereof".
(Ord. 2002-15, passed 10-14-02)