(a) The definitions set forth in this section shall apply in the interpretation of this Property Maintenance Code.
(b) Whenever the words "building," "structure," "dwelling," "dwelling unit" or "premises" are used in this Property Maintenance Code they shall be construed as though they were followed by the words "or any part thereof." In addition:
(1) “Abandoned personal property” means wrecked or derelict property which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative or partially dismantled motor vehicles, motor cycles, trailers, boats, or similar items, machinery, household appliances, plumbing fixtures, furniture and any other similar article which has been left abandoned and unprotected from the elements.
(2) “Abandoned real property” means any property that is vacant and is under a current Notice of Default and/or Notice of Mortgagee's Sale, pending Tax Assessor's Lien Sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
(3) “Accessible property” means a property that is accessible through a compromised/ breached gate, fence, wall, etc.
(4) “Accessory structure” means a building or structure the use or purpose of which is incidental to that of the main building and which is located on the same real property.
(5) “Approved” means approval by the Property Maintenance Inspector under the provisions of this Property Maintenance Code as applied to a material, device, method of construction, condition or location, or approval by other authorities designated by law, ordinance or this Property Maintenance Code to give approval to the matter in question.
(6) “Building” means any structure designed or built for the support, use, enclosure, shelter or occupation of persons, animals, chattels or property of any kind.
(7) “Dilapidated” means a general condition of decay or extensive disrepair.
(8) “Dwelling” means any building (except a house trailer, as defined by the Ohio Revised Code) which is occupied or intended for occupancy in whole or in part as a residence or sleeping place for one or more persons.
(9) “Dwelling unit” means one or more habitable rooms forming a single habitable unit within a dwelling with facilities which are used or intended to be used by one or more persons for a residence or sleeping place.
(10) “Enforcement officer” means any law enforcement officer, building official, code enforcement officer or designated employee employed by the City.
(11) “Evidence of vacancy” means conditions leading a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned real property, as defined herein, statements by neighbors, passers-by, delivery agents or governmental agents, among other evidence that the property is vacant.
(12) “Foreclosure” means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the borrower defaults.
(13) “Habitable room” means enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, laundry rooms, closets, foyers, halls, pantries and storage spaces.
(14) “Nominal salvage value” means the value of an article of abandoned or derelict property including a motor vehicle, vessel, motor home or boat, which a reasonably prudent person would believe the fair market value of such property, taking into consideration its useful life, less depreciation and items of general or special depreciation, would be greater than the costs of salvage including the removal, transportation, storage and sale of same.
(15) “Organization” means a corporation for profit or not for profit, a partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity. “Organization” does not include an entity organized as, or by, a governmental agency for execution of a governmental program.
(16) “Owner” means any person who has a freehold or lessor estate in premises; a mortgagee or vendee in possession; or any person who has charge, care or control of premises as an agent, executor, administrator, assignee, receiver, trustee, guardian or lessee.
(17) “Person” means any individual, firm, corporation, association, partnership, agent, operator or other legal entity.
(18) “Premises” means lands, yards, parking areas, buildings, structures, walkways, lakes, ponds and other areas within the property boundaries.
(19) “Private property” means all land and improvements other than public lands and improvements.
(20) “Property Maintenance Inspector” means the City Manager or his or her designee.
(21) “Public property” means lands and improvements owned by a governmental body or any governmental agency including but not limited to easements and rights-of-way.
(22) “Residential building” means any improved real property or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property.
(23) “Structure” means anything constructed to serve any purpose.
(24) “Supplied” means furnished by, provided by, or under the control of, the owner.
(25) “Vacant” means any building/structure that is not legally occupied.
(Ord. 92-51. Passed 9-15-92; Ord. 2011-05. Passed 3-1-11.)