1496.01  DEFINITIONS.
   Whenever any words are used in this chapter they shall be construed, unless expressly stated to the contrary, to include the plurals of those words and/or if they were followed by the words “or any part thereof.”  The word “shall” shall be applied retroactively as well as prospectively.  In addition, as used in this chapter, unless a different meaning clearly appears from the context:
   (a)   “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.
   (b)   “Building” means a combination of materials to form a construction adapted to permanent or continuous occupancy for use for public, institutional, business or storage purposes or for residences of four or more living units.
   (c)   “Building and Housing Code” means the Building and Housing Code of the City.
   (d)   “Commercial business” means any business which offers for sale goods or services, but excluding businesses of a manufacturing nature.
   (e)   “Deterioration” means the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.
   (f)   “Exposed to public view” means any premises or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public or any member thereof, from a sidewalk, an alleyway, a licensed open air parking lot or any adjoining or neighboring premises.
   (g)   “Exterior of premises” means those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
   (h)   “Extermination” means the control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or making inaccessible material that may serve as their food poisoning, spraying, fumigating or trapping; or by any other approved means of pest elimination.
   (i)   “Fire Chief” means the Fire Chief of the City.
   (j)   “Fire hazard” means any thing or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than reasonably necessary for the conduct of any commercial business on any premises, or which may unreasonably obstruct, delay or hinder, or may unreasonably become the cause of an obstruction, a delay or a hindrance to, the prevention, suppression or extinguishment of fire.  See also “Nuisance”.
   (k)   “Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.  See also “Refuse”.
   (l)   “Health Officer” means the Health Director of the Summit County Health Department.
   (m)   “Infestation” means the presence of insects, rodents, vermin or other pests on any premises, which presence constitutes a health hazard.
   (n)   “Mixed occupancy” means any building containing one or more dwelling units or room units and also having a portion thereof devoted to nondwelling uses.
   (o)   “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)   Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot.  This includes, but is not limited to, abandoned wells or shafts, abandoned basements, abandoned excavations, abandoned iceboxes or refrigerators, abandoned motor vehicles, any structurally unsound fences or structures, or trash, debris or vegetation such as poison ivy, oak or sumac, which may prove to be a hazard for inquisitive minors.
      (3)   Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.
      (4)   Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this chapter.
      (5)   Fire hazards.
   (p)   “Operator” means any person who has charge, care or control of any premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession, regardless of whether the premises are actually occupied or not.
   (q)   “Plumbing” means all of the following supplies, facilities and equipment:  gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents and any other similar fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in conjunction with air conditioning equipment.
   (r)   “Premises” means a lot, plot or parcel of land, including the buildings or structures thereon, under control by the same operator, devoted to commercial business use, together with all adjacent land.
   (s)   “Refuse” means nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper, wrappings, discarded cigarettes, used cardboard, used tin cans, yard clippings, leaves, scrap wood, discarded glass, discarded bedding, broken crockery and similar materials.  See also “Garbage”.
   (t)   “Sanitary sewer” means any sanitary sewer available for public use for the disposal of sewage.
   (u)   “Sewage” means waste from a flush toilet, bathtub, sink, lavatory or dishwashing or laundry machine, or the water-carried waste from any other fixture, equipment or machine.
   (v)   “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.  If the finished ceiling level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
   (w)   “Structure” means the combination of any materials, whether fixed or portable, forming a construction, including buildings.
   (x)   “Washroom” means enclosed space containing one or more bathtubs, showers, or both, and which shall also include toilets, lavatories or fixtures serving similar purposes.
   (y)   “Water closet compartment” means enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures.
   (z)   “Weathering” means deterioration, decay or damage caused by exposure to the elements.
(Ord. 42-1981.  Passed 2-23-81.)