All words used in this Exterior Property Maintenance Code shall have their customary meanings, except those specifically defined in this section:
(a) “Approved.” Approved by the Code Official.
(b) “Basement.” That portion of a building which is partly or completely below grade.
(c) “Building Code.” The most current edition of the State of Ohio Building Code, or such other code as may be officially designated by the Clark County Commissioners for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures.
(d) “Code Official.” The official who is charged with the administration and enforcement of this Code, or any duly authorized representative.
(e) “Condemn.” To adjudge unfit for occupancy.
(f) “Easement.” That 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.
(g) “Exterior property areas.” The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(h) “Extermination.” The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
(i) “Garbage.” The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(j) “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.
(k) “Imminent danger.” A condition which could cause serious or life-threatening injury or death at any time.
(l) “Infestation.” The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
(m) “Junk or inoperable vehicle.” A vehicle, including but not limited to cars, trucks, buses, trailers and boats shall be deemed a “junk or inoperable vehicle” whenever any of the following occur:
(1) The vehicle is without a valid current registration and/or license plate;
(2) The vehicle is apparently inoperable;
(3) The vehicle is without fully inflated tires and/or has any type of support under it;
(4) The vehicle has a substantially damaged or missing window, windshield, door, motor, transmission or other similar major part;
(5) Is incapable of being moved under its own power.
(n) “Occupant.” Any individual living or sleeping in a building, or having possession of a space within a building.
(o) “Operator.” Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(p) “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 a court.
(q) “Person.” An individual, corporation, partnership or any other group acting as a unit.
(r) “Premises.” A lot, plot or parcel of land, easement or public way, including the buildings or structures thereon.
(s) “Public nuisance.” includes the following:
(1) Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one or more of the following particulars:
A. By reason of being a menace, threat and/or hazard to the general health of the community.
B. By reason of being a fire hazard.
C. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid premises.
D. By reason of lack of sufficient or adequate maintenance of the structure, location or premises is situated or such condition exists.
E. By reason of improperly or without written authorization from a governmental entity, releasing, dumping or storing in the environment (i.e., air, soil, land or water) any hazardous, infectious, or other type of waste or chemical product.
(2) The physical condition, or use of any premises regarded as a public nuisance at common law; or
(3) Any physical condition, use, or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to junk, inoperable or unlicensed vehicles, abandoned wells, shafts, basements, excavations, abandoned refrigerators, and unsafe fences or structures, or;
(4) Any premises which have improperly working drainage facilities; or
(5) Any premises which is unsanitary, or which is littered with rubbish or garbage, or any structure or building that is in a state of dilapidation, deterioration or decay.
(t) “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.
(u) “Rubbish.” Combustible and noncombustible waste materials, including car parts, motors, furniture not specifically manufactured for outdoor use, and abandoned appliances. The term shall also include rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials, as well as the residue from the burning of wood, coal, and other combustible materials.
(v) “Strict liability offense.” An offense in which prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
(w) “Structure.” Anything constructed or erected which requires location on the ground or attachment to something having location on the ground.
(x) “Tenant.” A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(y) “Workmanlike.” Executed in a skilled manner; e.g., generally plumb level, square, in line, undamaged and without marring adjacent work.
(z) “Yard.” An open space of the lot with a structure.
(Ord. 04-24. Passed 5-17-04; Ord. 07-30. Passed 7-16-07.)