For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
APPROVED. Approved by the Chief Code Enforcement Officer, or his or her authorized agent.
ATTRACTIVE NUISANCE. Condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING AREA. The area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the BUILDING AREA if such areas are included within the horizontal projection of the roof or the floor above.
BUILDING CODE. Any edition, together with all adopted amendments and supplements thereto, of the state’s Building, Plumbing and Mechanical Code, Gas Code and Electric Code, the state’s Residential Building Code, the state’s Rehabilitation Code or any other building rules or regulations adopted by the city relating to the construction, alteration, repair or removal of various types of structures.
BUILDING OF HISTORICAL VALUE. A building which is listed on the National Register, or constituting special significance to the general citizenry of the city due to age, history, architectural design, human occurrence, culture and possessing integrity of design, setting, materials, feelings and association.
CHIEF CODE ENFORCEMENT OFFICIAL/OFFICER. The person who has been designated, in writing, by the City Manager to enforce the provisions of this subchapter.
CODE ENFORCEMENT OFFICER. The employees of the Code Enforcement Division.
COMMERCIAL BUSINESS. Any business or enterprise which produces and/or offers for sale products and/or services, or in any manner conducts commerce.
NUISANCE.
(1) Any public nuisance known at common law or in equity, or as provided by the state statutes or the ordinances of the city;
(2) Any condition, including an attractive nuisance, which may prove detrimental to human health or safety whether in a building, on the premises of a building, or part of a building or upon an occupied lot;
(3) Physical conditions dangerous to human life or detrimental to health of persons in, on or near the premises where the condition exists;
(4) Unsanitary conditions or conditions that are dangerous to public health, well being or the general welfare; or
(5) Fire hazards or other safety hazards.
OWNER. Any person who jointly or severally:
(1) Has title or any interest in or to any structure, building, dwelling or dwelling unit, without regard to actual possession; or
(2) Has charge, care or control of any structure, building, dwelling or dwelling unit as OWNER or representative of the OWNER or as a fiduciary of the estate of the OWNER. It is specifically noted that any person meeting the definition of OWNER under this division (2) shall be bound to comply with the provision of the code to the same extent as though he or she were an OWNER under the above definition in division (1).
STRUCTURALLY SOUND. Substantially free from flaw, defect, decay or deterioration to the extent that such structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.
(Code 2019, § 4-11.2) (Ord. passed 6-27-2011)