Unless otherwise expressly stated, the following terms shall, for the purpose of this code, have the meanings indicated. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. Where terms are not defined in this code, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.
(a) Basic Tree Risk Assessment Form means a form used by the City of Mentor to collect information about trees to determine if they are trees of risk.
(b) Bulk Item means furniture, appliances, hot water tanks and any other items that will not fit in the contractor-supplied receptacle.
(c) Certified Arborist means a credential identified professional who has a minimum of three years full-time experience working in the professional tree care industry who has passed an extensive examination covering all facets of arboriculture and is TRAQ qualified.
(d) Dead Tree means a tree that has 90 percent dead (necrotic) foliage and or wood as a part of its crown.
(e) Exterior of the Premises means the open space of any premises outside of the building.
(f) Garbage means animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
(g) High Risk Tree means a tree with an unacceptable level of failure that when it fails, has a high probability of causing damage to property or injury to persons.
(h) Infestation means the presence of insects, rodents, vermin, or other pests on the premises which constitute a health hazard.
(i) Junk Vehicle means any vehicle that is:
1. Unlicensed;
2. Left on private property without permission of the person having the right to possession of the private property;
3. Dismantled, partly dismantled, wrecked, or otherwise extensively damaged, such damage may include: deflated, wrecked, or missing tires or rims; broken or missing headlights, taillights, or brake lights; broken, cracked or missing windows or windshields; missing all or part of the motor or transmission;
4. Inoperative or inoperable;
5. In an abandoned condition; or
6. Cited for exhibiting any of conditions (1) through (5) and subsequently covered by a sheet, tarp, or other similar covering.
(j) Junk Vessel means any vessel that is:
1. Unlicensed;
2. Left on private property without permission of the person having the right to possession of the private property;
3. Dismantled, partly dismantled, wrecked, or otherwise extensively damaged, such damage may include: missing a deck, hull, transom, gunwales, motor, or outdrive;
4. Left in a sunken, beached, or drifting condition, or otherwise in an abandoned condition;
5. Inoperative or inoperable; or,
6. In an abandoned condition.
(k) Noxious Weeds means ragweed, thistles, poison ivy, poison oak, phragmites within 50 feet of an occupied dwelling and other plants capable of causing skin reactions upon contact or producing severe allergic respiratory reactions.
(l) Nuisance means that which is defined by the statutes of the State of Ohio and declared thereby to be a nuisance, and also includes conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist, and where the conditions are perilous by active and negligent operation thereof, and unsanitary conditions or any offensive to the sense or dangerous to health.
(m) Occupant means any person over one year of age living and sleeping in a dwelling unit or having actual possession of said dwelling unit or any person who leases or rents a non-residential building, structure, or any portion thereof.
(n) Occupied Lot means a lot containing a main building.
(o) Open and Public View means not enclosed within an attached and/or detached garage or accessory structure.
(p) Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without the accompanying actual possession thereof; or shall have charge, care or control as owner or agent of the owner; or as executor administrator, trustee, receiver or guardian of an estate, or as a mortgagee in possession.
(q) Person means any individual, corporation, association, partnership, trustee, lessee, agent or assignee.
(r) Premises means a lot, plot or parcel of land, including the buildings or structures thereon.
(s) Rank Vegetation means any growth of weeds or grass to a height greater than eight (8) inches on the average.
(t) Refuse means all putrescible and nonputrescible solid wastes (except body wastes) including, but not limited to garbage, rubbish, ashes, dead animals, and industrial wastes; an accumulation of brush, broken glass, stumps, and roots that present a safety hazard, and includes garbage, trash and debris which present an unsanitary and/or safety hazard.
(u) Responsible Official means the individual duly authorized by the City Manager to administer and enforce the provisions of this chapter, and his designated agents.
(v) Rubbish means nonputrescible solid wastes consisting of both combustible and non-combustible wastes such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, crockery, plastics, and similar materials.
(w) Target Zone means an area where people, property or activities could be injured, damaged or disrupted by a falling tree or branch.
(x) TRAQ (Tree Risk Assessment Qualification) Qualified means an International Society of Arboriculture (ISA) qualification program that trains arborists how to use the methodologies outlined in the ISA Best Management Practices for Tree Risk Assessment. This qualification is found to promote the safety of people and property by providing a standardized and systematic process for assessing tree risk.
(y) Tree means any self-supporting woody, perennial plant that has a trunk diameter of two inches or more when measured at a point 4 ½-feet from ground level and which normally attains an overall height of at least ten feet at maturity, usually with one main stem or trunk and many branches
(z) Tree of Risk means a tree or parts of a tree that because of death, defect and/or disease has the likelihood of falling and impacting a target zone thereby posing a risk of personal injury, property damage or disruption of activities.
(aa) Unlicensed means any vehicle or vessel that does not display a valid license plate or registration.
(bb) Vehicle means a device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except for devices designed to be moved by human power or exclusively upon stationary rails or tracks. The term "vehicle" shall include, but not be limited to: automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, and trailers.
(cc) Vessel means every description of watercraft, including nondisplacement watercraft, multimodal watercraft, and submersibles, being used or capable of being used as a means of transportation on water.
(Ord. 18-O-024. Passed 3-6-18.)
(Ord. 18-O-024. Passed 3-6-18.)