As used in this chapter:
(a) “Abandoned.” An "abandoned" structure is a structure that is not occupied for any period of time during which the City has not been able to communicate with or locate an owner or party with the legal authority to be in control of the property, and after the City has made reasonable attempts to communicate with or locate the owner or a party in control.
(b) “Abate” or “abatement” means the removal or correction of any conditions that constitute a nuisance and the making of any other improvements that are needed to effect a rehabilitation of the building, structure, or property that is consistent with maintaining safe and habitable conditions over its remaining useful life. “Abatement” does not include the closing or boarding up of any building or structure that is found to be a public nuisance.
(c) “Accessory structure” means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
(d) “Building” means a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.
(e) “Deterioration” means the condition or appearance characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
(f) “Dwelling” means any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant.
(g) “Dwelling unit” means any room or group of rooms located within a dwelling forming a single habitable unit which includes facilities for living, sleeping, cooking, eating, bathing and toilet purposes.
(h) “Exterior of the premises” means those portions of a building which are exposed to the elements and the open space of any premises outside of any building erected thereon.
(i) “Fire Chief” means the Chief of the Fire Department of the City.
(j) “Fire hazard” means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fires; or which may obstruct, delay or hinder, or may become the cause of an obstruction, delay, hazard or hindrance to, the prevention, suppression or extinguishing of fires.
(k) “Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(l) “Nuisance” means:
(1) Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the State or the ordinances of the City;
(2) Physical conditions of a property or structure by reason of deterioration of materials, lack of repair or maintenance which is dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist; is otherwise no longer fit and habitable; or is a blighting or deteriorating factor on the neighborhood;
(3) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this chapter; or
(4) Fire hazards.
(m) “Occupied.” The term “occupied” shall mean the presence of a person or persons either:
(1) Living in a structure and using some portion of such structure as a dwelling unit, or
(2) Working in a structure and using some portion of the structure for the operation of a business.
(n) “Operator” means any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.
(o) “Owner” means any person who, alone or jointly or severally with others, has legal or equitable title to any premises with or without accompanying actual possession thereof; or who has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary, including, but not limited to, executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lessee.
(p) “Premises” means a lot, plot or parcel of land, including the buildings or structures thereon.
(q) “Property.” The term “property” shall mean all portions of the real estate of a parcel in the City, including lands and structures of every type.
(r) “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
(s) “Registered mail” means registered or certified mail.
(t) “Structure” means a combination of any materials, whether fixed or portable, forming a construction. “Structure” includes radio and television antennas, satellite dishes and receiving stations.
(u) “Vacant.” A structure shall be considered “vacant” for the purposes of this chapter if it has not been occupied for a period of six consecutive months or more, except a structure shall not be considered vacant if it is only seasonally not occupied and such period is less than twelve months. A structure shall be considered “vacant” for the purpose of this chapter even if it is being maintained on the exterior, and even if the owner of the property is actively attempting to sell or rent the property.
(Ord. 17-08. Passed 2-21-17.)