(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 and are defined in other code provisions of the village, 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 section, such terms shall have ordinarily accepted meanings such as the context implies.
(5) Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit,” or “premises” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.”
(B) Terms.
ACCESSORY STRUCTURE. A structure that: is subordinate in size and bulk to the principal structure; whose use is customarily incidental and secondary to the use of the principal structure; and, which is located on the same lot.
APPROVED. Approved by the Code Enforcement Administrator.
AUTOMOBILE PARTS. Any portion of or part of any motor-driven vehicle as detached from the vehicle as a whole.
BUILDING or STRUCTURE. Shall be deemed to include the word PREMISES.
CODE ENFORCEMENT ADMINISTRATOR. The Zoning Inspector or his/her designee is charged with the enforcement of this code.
CULTIVATE. To loosen or dig (soil) around growing plants.
DETERIORATION. Refers to a diminution of quality, character, or value of a structure because of lack of maintenance. Such deterioration, if left unchecked, can lead to dilapidation. Deterioration is frequently the result of inadequate paint protection, faulty roofing, absence of proper gutters and downspouts, lack of screening, loose doors and windows, access by or infestation by vermin, blockage of drains, inadequately designed structural support systems, and the like.
DILAPIDATION. Refers to structures evidencing a state of ruin, decay, or disrepair. The severity of dilapidation shall be judged by examination of major structural components like foundations, bearing walls, floor joints, rafters, and roofs, and by examination of minor structural components like windows, doors, siding, roofing, and guttering. The sources of dilapidation will not necessarily be included within the preceding lists of structural components. The term implies a hazard to life or property.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
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 the said lot or lots.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
GARBAGE AND OFFAL. All refuse and waste of animals, fish, fowl, fruit, and vegetable matter and other material or materials so designated by the Department of Health of Montgomery County or the State of Ohio, liquified or otherwise, which accumulate in the use and preparation of food for the table, that has been discarded and abandoned and is no longer of value to the owner for ordinary purposes of domestic consumption and also includes all refuse arising from the dealing in or storing of the substances.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standard.
LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is not the 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 for sale of land.
LOT. Includes the words “zoning lot,” “piece,” “parcel,” and “plot.”
MAINTENANCE AND PROTECTION. All operations of trimming, pruning, spraying, injecting, fertilizing, treating, bracing, doing surgery work, and cutting above or below ground.
MAY. Is permissive.
MOTOR VEHICLE IN AN INOPERATIVE CONDITION. Any type of motor vehicle or motor driven vehicle used or useful for the conveyance of persons or property, which is or appears to be in any of the following states: (a) unable to move under its own power; (b) in a dangerous condition due to defective or missing parts; (c) in a condition generally as to be unfit for further use as a conveyance; and/or (d) not properly licensed so that it can be legally operated on the public streets or highways.
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.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. 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, 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.
PAVED SURFACE. Surface paved with asphalt, concrete, concrete pavers, or brick but excluding gravel, crushed rock, and similar materials.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PORTABLE. Capable of being transported or conveyed.
PREMISES. A lot, plot, or parcel of land, including all buildings or structures thereon, and including the area known as the parkway, tree lawn, situated between the sidewalk and the street or the front, side, or rear lot line adjoining the street and extending along the front, back, or sides of such a lot, plot, or parcel of land.
PUBLIC AREA. All public ways, parks, and other lands owned or leased by the village.
PUBLIC NUISANCE. Any fence, wall, shed, building, structure or any part of the aforesaid, or lot, lots, or parcel of land, basement, cellar, sidewalk, subspace, dock, wharf, or landing dock which in its entirety or in any part thereof, by reason of condition in which the same is permitted to be or remain, shall or may endanger health, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more persons in the village, or any one or more of the following particulars:
(a) Being a nuisance to the general health of the community;
(b) Being a fire hazard;
(c) Being unsafe for occupancy or use on, in, upon, about, or around the aforesaid premises; or
(d) Being a nuisance because of long continued vacancy, lack of reasonable or adequate maintenance of structure and/or premises adjacent thereto, thereby depreciating the enjoyment and use of the property in the immediate vicinity to extent that it is harmful to the community in which the structure is situated.
REFUSE. Unused or discarded matter and material having no substantial market value, and which includes, among other items: rubbish, refuse, debris, and similar matter including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery, or parts thereof, scrap metal and other pieces of metal (ferrous or non- ferrous), furniture, inoperative motor vehicles and parts, trimmings from plants and trees, cans, bottles, and barrels.
RUBBISH. Automobile part, refuse, scrap metal, used building materials, waste, ashes, cans, paper, cartons, furniture, appliances, plastic, coal, coke, rubber, leather, yard trimmings, excelsior, mineral matters, oil of an unsightly or unsanitary nature, wire, chips, shavings, bottles, glass, crockery, tin, wood, boxes, rags, dead weeds, brush, tree branches, bushes, other combustible material or anything else of an unsightly or unsanitary nature other than garbage and offal.
SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or is useful for its originally intended purpose.
SHALL. Is mandatory and not discretionary.
STRICT LIABILITY OFFENSE. An offense in which the 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.
STRUCTURE. An assembly of materials forming a construction or occupancy or use including among other: buildings, stadiums, gospel and circus tents, reviewing stands, platforms, observation towers, radio towers, water tanks, swimming pools and their enclosures, domes such as plastic, geodesic, air-supported, etc., open sheds, coal bins, shelters, fences, and display signs.
TENANT. A person, corporation, a partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TREES AND/OR SHRUBS. All woody vegetation presently or hereafter planted on any public areas.
USED BUILDING MATERIALS. Any materials such as wood, stone, brick, cement blocks, or any composition or combination thereof used or useful in the erection of any building or structure which has been used previously for the erection or construction by the same person or other persons.
WEEDS. All grasses, annual plants, vines, and vegetation other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens.
WORKMANLIKE. Executed in a skilled manner; e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD. An open space on the same lot with a structure.
('80 Code, § 98.02) (Ord. 84-17, passed 12-18-84; Am. Ord. 2001-21, passed 9-4-01; Am. Ord. 2019-02, passed 6-18-19)