§ 93.21 DEFINITIONS.

   (A)   General.

      (1)   Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.

      (2)   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.

      (3)   Terms defined in other codes. Where terms are not defined in this code, but are defined in the Ohio Building Code for commercial structures, including multi-family residential structures, the State of Ohio Building Code for one, two and three family residential structures, the Ohio Fire Code, or the City of Montgomery Zoning Code, such terms shall have the meanings ascribed to them as in those codes.

      (4)   Terms not defined. Where terms are not defined through the methods authorized by this sectin such terms shall have ordinarily accepted meanings such as the context implies.

      (5)   Parts. Whenever the words DWELLING UNIT , DWELLING , PREMISES , STRUCTURE , BUILDING , ROOMING HOUSE , ROOMING UNIT or STORY are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."

   (B)   General definitions.

      APPROVED. Approved by the Community Development Director or a duly authorized representative.

      BUILDING MATERIALS. Items used in construction of structures or in landscaping, including, but not limited to lumber, plywood, concrete, rebar, roofing, siding, doors, windows, flashing, piping, fencing or other materials commonly used for building or construction, being either new or used.

      COMMUNITY DEVELOPMENT DIRECTOR. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.

      COMPOST BIN. A closed container used to house a heap of decomposing organic material.

      COMPOST HEAP. A pile of organic materials kept under controlled conditions so that the original raw materials are transformed by decay and degradation into humus.

      CONDEMN. To adjudge unfit for occupancy.

      DISCARDED MATERIALS. The accumulation of wood, appliances, furniture, mattresses, motor vehicle parts or tires, building materials, toys, recreational or sporting equipment, carpeting or any other material or equipment whereby its placement upon real property is not consistent with its intended normal use or due to its condition and/or state of disrepair is not usable for its normal intended use.

      DWELLING UNIT. A group of rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family.

      ENVIRONMENTAL CONSERVATION AREA. A tract of land that has been awarded protected status in order to ensure that natural features or biota are safeguarded.

      EXTERIOR PROPERTY. The open space on the premises and on an adjoining property under the control of owners or operators of such premises.

      GARBAGE. The animal or vegetable waste resulting from the hauling, preparation, cooking and consumption of food. Vegetable waste as part of a managed compost heap shall not be considered garbage.

      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.

      IMMINENT DANGER. A condition which would cause serious or life-threatening injury or death at any time. Imminent meaning ready to take place especially hanging threateningly over one's head.

      INOPERABLE VEHICLE. Motor-driven vehicles that cannot, physically or lawfully, under their own power, and without repair or replacement of parts, be operated on the public highways of the city and have remained in such inoperable condition for ten or more consecutive days, or a motor driven vehicle which has no attached vehicle registration or to which the attached vehicle registration is expired or which vehicle registration attached is registered to another vehicle.

      LANDSCAPE AREA. A portion of property where the surface of the ground has been purposely planted, cultivated and maintained to create an aesthetic effect, which includes, but is not limited to lawn grass, ornamental grass, bushes, trees, flowers or other vegetation and surface covering, such as gravel, rocks, shale, bark mulch, soils and paving stones, but does not include weeds or noxious weeds.

      OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.

      OCCUPANT. Any individual living or sleeping or operating a business within a building, or having possession of a space within a building.

      OPERATOR/MANAGER. 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, manager, firm or corporation having 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 trustee of a trust holding such property of any such person, and the executor or administrator of the estate of such person if granted authority to take possession or control of real property by a court.

      PERSON. An individual, corporation, partnership or any other group acting as a unit.

      PREMISES. A lot, plot or parcel of land including any structure thereon.

      PUBLIC WAY. Any street, alley or similar parcel of land, which is deeded, dedicated or otherwise permanently available to the public for public use.

      RAIN BARREL. A container used as a cistern to collect and store rainwater runoff.

      RAIN GARDEN. A planted depression that is designed to absorb rainwater runoff from impervious areas, such as roofs, driveways, walkways, and compacted lawn areas.

      RIPARIAN ZONE. The part of the watershed immediately adjacent to the stream channel located in the 500 year flood plain or 50 feet from the centerline of the stream or creek, whichever is greater.

      RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, packaging materials, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, paper waste, crockery and dust. Tree branches and yard trimmings which are part of a managed compost heap shall not be considered rubbish.

      SAFE. Free from risk or harm.

      SANITARY. Characterized by or readily kept in cleanliness.

      SWALE. A low-lying stretch of land which gathers and carries surface run-off.

      TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

      WOODED AREA. An un-landscaped tract of land consisting of a dense growth of trees, plants and underbrush.

      WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

(Ord. 15-2008, passed 10-1-08)