For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. The failure to continue the exercise of care, custody, and control of property owned by a person, or that meets at two or more of the following categories:
(1) Is open to entry;
(2) Is fire damaged to an extent which prohibits safe occupancy;
(3) Is the site of loitering or vagrancy;
(4) Has criminal activity on the premises;
(5) Demonstrates a lack of property maintenance and upkeep as evidenced by one or more violations of this subchapter;
(6) Is under notice for being in violation of city ordinances;
(7) Is boarded for at least 30 days;
(8) Has taxes in arrears for a period of time exceeding 365 days;
(9) Is under condemnation notice or legal order to vacate;
(10) Is structurally unsound; and
(11) Is a potential hazard or danger to persons.
ABANDONED VEHICLES. Any vehicle left for more than 72 hours on any street that is unlicensed.
APPROVED. Acceptable to the Code Official or other designee of the City Manager or other designee.
BUILDING. Any structure upon a property, presently or formerly used or intended to be used in whole or in part for the purpose of commerce, trade, manufacture, business, government, worship, education, office, medical, storage, or any other purpose.
CAMPER. A class or type of vehicle or trailer that people can live in or sleep in when they are traveling or camping.
CODE OFFICIAL OR OTHER DESIGNEE OF THE CITY MANAGER. The official who is charged with the administration and enforcement of this subchapter, or any duly authorized representative. The CODE OFFICIAL or OTHER DESIGNEE OF THE CITY MANAGER may be the Chief of Police and/or the Building Inspector, the Zoning Administrator, or any duly authorized representative of the City Manager or Chief of Police.
CONDEMN. To adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenue obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of Inspectors, testing agencies, or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a Code Official or other designee of the City Manager, or designee of the City Manager.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay, and lose effectiveness.
EASEMENT. The portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The EASEMENT shall be permitted to be for use under, on or above a said lot or lots.
EMERGENCY. A condition which is a violation of this chapter and which constitutes an imminent danger calling for immediate action in order to avoid death, injury, or illness to a human or the destruction or severe damaging of real or personal property.
EXTERIOR. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
GARBAGE. Any spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking, or consumption of food for humans or animals, as well as other organic waste material subject to rapid decomposition, including trash to which such material has adhered.
HAZARDOUS. A condition which is a violation of this chapter and which has determined to be likely to result in the death, injury, or illness of a human or in severe damage to real or personal property.
HISTORIC BUILDING. Any building or structure that is one or more of the following:
(1) Listed or certified as eligible for listing, by the state’s Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places;
(2) Designated as historic under an applicable state or local law; or
(3) Certified as a contributing resource within a National Register or state or locally designated Historic District.
IMMINENT DANGER. Any condition which could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin, or other pests.
INOPERABLE MOTOR VEHICLE. Any vehicle, camper, or ORV which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
JUNK. An accumulation of garbage, scrap lumber, wood, plastic, metal, old furniture, mattresses, appliances, building materials, equipment, inoperable motor vehicles or vehicle parts that are unsightly and/or promote infestation, that of new, old, or discarded articles that are considered useless or of little value.
NEGLECT. The lack of proper maintenance for a building or structure.
NON-RESIDENTIAL BUILDING. Any rental unit, commercial, industrial, or any property occupied by someone other than the owner.
NUISANCE. All property conditions that are prohibited by this chapter.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
ORV. Any class of motor-driven recreation vehicle designed for off-road use and capable of cross-country travel without benefit of road or trail.
OWNER. Any person, agent, operator, firm, corporation, or entity having legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title, 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 a court.
PERSON. An individual, corporation, partnership, or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved PEST ELIMINATION methods.
PREMISES. A lot, plot or parcel of land, easement, or public way, including any structures thereon.
PUBLIC WAY. Any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.
RUBBISH. Any combustible and non-combustible 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, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
SALVAGE, JUNK, OR SCRAP VEHICLE. Any vehicle, camper, or ORV partially disassembled, missing doors, windows, wheels, and/or tires and other parts.
STRUCTURE. That which is built or constructed or a portion thereof.
TRASH. Waste materials and items which are not in good repair or are discarded and which are of little or no value, including, but not limited to plaster, paper, wrappings, plant cuttings, household furnishings, building materials, packing and clothing, appliances, equipment, machinery, or parts thereof.
UNLICENSED VEHICLE. Any vehicle, camper, or ORV that does not maintain current license plate and tags as issued by the Secretary of State or other appropriate licensing agency or bureau.
VACANT. Any non-residential building that has not been inhabited for more than 90 days.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
(Ord. passed 12-13-2018)