Unless otherwise expressly stated, the following terms shall for the purpose of this code, have the meanings indicated in this section.
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, through the methods authorized by this section, they shall have their ordinarily accepted meanings such as the context shall imply.
(1) Building Code - The officially adopted building codes of the City of Mentor, as applicable to the particular building or structure. The Ohio Residential Dwelling Code, as adopted, is applicable to all single, duplex and three family structures. The Ohio Building Code is applicable to all multi family dwelling structures with four or more dwelling units, and all mixed use buildings with residential uses.
(2) Central heating -The heating system permanently installed and adjusted so as to provide the distribution of heat from a central location to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.
(3) Code official - The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
(4) Dwelling - Any structure designed for use for residential purposes intended to be occupied providing rooms and/or facilities for living, sleeping, eating, cooking, and sanitation to include bathing and toilet facilities, but not including hotels, tourist cabins, motels or trailers.
(5) (Dwelling) Single Family Dwelling Rental unit- Any structure designed for use for residential purposes, containing one dwelling unit which is let, let for occupancy, leased, subleased, or occupied by a tenant other than the owner.
(6) (Dwelling) Duplex Family Dwelling Rental unit- Any structure designed for use for residential purposes, containing two separate dwelling units any of which may be let, let for occupancy, leased, subleased, or occupied by a tenant other than the owner.
(7) (Dwelling) Triplex Family Dwelling Rental unit- Any structure designed for use for residential purposes, containing three separate dwelling units any of which may be let, let for occupancy, leased, subleased, or occupied by a tenant other than the owner.
(8) Dwelling-multi-family - A building consisting of three four or more dwelling units, any of which may be let, let for occupancy, leased, subleased, or occupied by a tenant other than the owner, but not including hotels, extended stay hotels, single room occupancy hotels, tourist cabins, motels or trailers.
(9) Dwelling unit - One or more rooms intended to be occupied by and providing independent facilities for one family, including rooms and/or facilities for living, sleeping, eating, cooking, and sanitation to include bathing and toilet facilities.
(10) Exterior property areas - The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(11) Extermination - The control and elimination of insects, rats or other pests by eliminating their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.
(12) Family – A group of one or more persons related by blood, marriage, adoption or domestic circumstances, occupying and sharing a dwelling unit.
(13) Garbage - The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(14) Habitable space - Space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
(15) Infestation- The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
(16) Lead inspection - means a surface-by-surface investigation to determine the presence of lead-based paint. The inspection shall use a sampling or testing technique approved by the public health council in rules adopted by the council under section 3742.03 of the Revised Code. A licensed lead inspector or laboratory approved under section 3742.09 of the Revised Code shall certify in writing the precise results of the inspection.
(17) Lead abatement - means a measure or set of measures designed for the single purpose of permanently eliminating lead hazards.
A. “Lead abatement” includes all of the following:
(i) Removal of lead-based paint and lead-contaminated dust;
(ii) Permanent enclosure or encapsulation of lead-based paint;
(iii) Replacement of surfaces or fixtures painted with lead-based paint;
(iv) Removal or permanent covering of lead-contaminated soil;
(v) Preparation, cleanup, and disposal activities associated with lead abatement.
B. “Lead abatement” does not include any of the following:
(i) Preventive treatments performed pursuant to section 3742.41 of the Revised Code;
(ii) Implementation of interim controls;
(iii) Activities performed by a property owner on a residential unit to which both of the following apply:
(a) It is a freestanding single-family home used as the property owner’s private residence.
(b) No child under six years of age who has lead poisoning resides in the unit.
(18) Lead-based paint - means any paint or other similar surface-coating substance containing lead at or in excess of the level that is hazardous to human health as established by rule of the public health council under section 3742.50 of the Revised Code.
(19) Lead hazard - means material that is likely to cause lead exposure and endanger an individual’s health as determined by the public health council in rules adopted under section 3742.50 of the Revised Code. “Lead hazard” includes lead-based paint, lead-contaminated dust, lead-contaminated soil, and lead- contaminated water pipes.
(20) Let for occupancy or let - To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person whether or not 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 of the sale of land.
(21) Maintenance - Acts of repair and other acts to prevent a decline in the condition of grounds, structures and equipment; such that the condition does not fall below the standards established by this code and other applicable statutes, code and ordinances.
(22) Multi-Family apartment - A building or portion thereof, consisting of four or more dwelling units any of which are let or occupied or designed to be let or occupied on a rental basis.
(23) Occupant - Any person living and/or sleeping in a dwelling unit or having possession of a space within a building.
(24) Openable area - That part of a window or door which is available for unobstructed ventilation and or egress which opens directly to the outdoors.
(25) Operator - Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(26) Owner - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by court.
(27) Person - An individual, corporation, partnership or any other group acting as a unit.
(28) Plumbing - The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances, and appurtenances within the scope of the plumbing code.
(29) Plumbing Fixture - A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the sanitary sewer system of the premises; or which requires both a water supply connection and a discharge to the sanitary sewer system of the premises.
(30) Premises - A lot, plot or parcel of land including the buildings or structures thereon.
(31) Property Maintenance Officer - The Engineer of the City of Mentor or his duly designated representative.
(32) Public Nuisance - Includes but is not limited to the following:
A. The physical condition, or use of any premises regarded as a public nuisance at common law; or
B. 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, basements, excavations and unsafe fences or structures; or
C. Any premises which has unsanitary sewerage or plumbing facilities; or
D. Any premises designated as unsafe for human habitation or use; or
E. Any premises which is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure as to endanger life, limb or property; or
F. Any premises from which the plumbing, heating and/or facilities required by this code 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; or
G. Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds, or;
H. 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, in danger of collapse or failure and dangerous to anyone on or near the premises.
(33) “Residential rental property” means real property on which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semi-permanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. “Residential rental property” does not include a hotel or a college or university dormitory.
(34) Rubbish - Combustible and noncombustible waste materials, except garbage, and the term 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 matter, glass, crockery and dust and other similar materials.
(35) Structure - That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.
(36) Ventilation - The natural or mechanical process of supplying conditioned or unconditioned air to or removing air from any space.
(37) Workmanlike - Whenever the words "workmanlike state of maintenance and repair" are used in this code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.
(Ord. 07-0-92. Passed 10-16-07.)