(a) The following terms, wherever used in this chapter, shall have the following meanings:
(1) "Basement" means that portion of a structure which is partly or completely below grade.
(2) "Bathroom" means a room containing plumbing fixtures including a bathtub or shower.
(3) "Building" means any structure occupied or intended for supporting or sheltering any occupancy.
(4) "Commercial property" means a lot or tract of land or building or other structure or grounds which are used or intended to be used or which property's last active use was primarily for commercial purposes. For purposes of this chapter only, "commercial property" also includes property owned or operated by the City.
(5) "Commissioner" means the Commissioner of Building or his or her designee.
(6) "Deteriorate" means to fall below the conditions of good repair.
(7) "Excessive vegetation" means all vegetation, dead or alive, other than the following: ground cover, shrubbery, flowers and trees which are planted and maintained in accordance with good landscape practice and the community standard in the City.
(8) "Exterior" means those portions of a building or structure or grounds which are exposed to public view from the outside.
(9) "Exterior property" means the open space on the premises and on adjoining property under the control of owners or operators of such premises.
(10) "Extermination" means 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.
(11) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(12) "Graffiti" means unauthorized drawings or markings on an exterior surface, without regard to the content of the drawing or marking.
(13) "Grounds" means that portion of real estate property which does not support a building or structure.
(14) "Infestation" means the presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
(15) "Interior" means those portions of a building or structure located within the outer walls of said building or structure including, but not limited to, balconies, mezzanines, attics, basements and storage areas.
(16) "Obsolete" means no longer serving any current purpose, either aesthetic or functional.
(17) "Occupancy" means the purpose for which a building or portion thereof is utilized or occupied.
(18) "Occupant" means any person who has actual or constructive possession of commercial property, including but not limited to a lessee, sublessee, assignee, licensee or permittee.
(19) "Openable area" means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(20) "Operator" means any person who has the charge, care or control of commercial property.
(21) "Owner" means 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.
(22) "Person" means any entity, either natural or created by law, including but not limited to a natural person, corporation, partnership, association, executor, administrator, trustee, receiver, guardian or other fiduciary.
(23) "Plumbing" means the practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances.
(24) "Plumbing fixture" means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges waste water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.
(25) "Premises" means a lot, plot or parcel of land including any structures thereon.
(26) "Public nuisance" includes the following:
A. The physical condition or occupancy of any premises regarded as a public nuisance at common law; or
B. Any premises that has unsanitary sewerage or plumbing facilities; or
C. Any premises designated as unsafe for human habitation; or
D. Any premises from which the plumbing, heating or facilities required by this chapter have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective; or
E. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds; or
F. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.
(27) "Rubbish" means combustible and noncombustible waste materials, except garbage; the term includes the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
(28) "Structure" means that which is built or constructed or a portion thereof.
(29) "Toilet room" means a room containing a water closet or urinal but not a bathtub or shower.
(30) "Ventilation" means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(31) "Yard" means an open space on the same lot with a structure.
(Ord. 99-42. Enacted 4-26-99; Ord. 13-114. Enacted 12-16-13.)