§ 158.031 GENERAL DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABATEMENT. The city’s necessary and reasonable costs for and associated with clearing, preventing unauthorized entry to, or demolishing all or the portion of a structure or premises, or taking any other action with regard to a structure or premises necessary to remedy a violation and maintain and preserve the public health, safety, and welfare in accordance with this chapter.
   ANCHORED. Secured in a manner that provides positive connection.
   APPROVED. Approved by the Code Official or his or her designee.
   BASEMENT. The portion of a building that is partly or completely below grade.
   BATHROOM. A room containing plumbing fixtures, including a bathtub or shower.
   BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
   BOARD. The administrative body created and acting under the authority of the Local Government Code Enforcement Board Act, KRS 65.8801 to 65.8839, and §§ 31.15 through 31.29 of this code of ordinances.
   CITY. The City of Shepherdsville, Kentucky.
   CITY CODE ENFORCEMENT. The Shepherdsville Code Enforcement Board Ordinance as codified in §§ 31.15 through 31.29 of this code of ordinances.
   CODE OFFICIAL. A Code Enforcement Officer, or any duly authorized representative or designee, or any official who is charged with the administration and enforcement of this chapter, or any duly representative or designee.
   CONDEMN. To adjudge unfit for occupancy.
   DETACHED. When a structural element is physically disconnected from another, and that connection is necessary to provide a positive connection.
   DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
   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. A grant by a property owner to the use of land by the public, a corporation or persons, for specific purposes such as the construction of utilities, drainage ways and roadways.
   EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
   EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
   GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
   GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
   HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered HABITABLE SPACES.
   HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within the unit, a toilet, lavatory and bathtub or shower.
   IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at any time.
   INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
   INOPERABLE VEHICLE. A motorized or non-motorized vehicle that cannot be driven upon the public streets for any reason, including, but not limited to, its being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.
   LABELED. Equipment, devices, appliances, or materials or products to which have 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 whose labeling indicates either that the equipment, device, appliance, or material or product meets identified standards, or has been tested and found suitable for a specified purpose.
   LAVATORY. A room with a toilet and sink.
   LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or 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 the sale of land.
   NEGLECT. The lack of proper maintenance for a building or structure.
   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 that is available for unobstructed ventilation, and that opens directly to the outdoors.
   OPERATOR. Any person who has charge, care, or control of a structure or premises that 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/or the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
   PERSON. An individual, corporation, partnership, or any other group acting as a unit.
   PEST EXTERMINATION. The control and elimination of insects, rodents, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by poison, spraying, fumigating, trapping or by any other approved pest-elimination methods.
   PREMISES. A lot, plot, parking lot, common area, driveway, parcel of land, easement, public way, open space or any portion thereof, the ground itself, or any and all structures, permanent or temporary, thereon.
   PUBLIC NUISANCE. Includes the following:
      (1)   Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, swimming pools, ponds, basements, excavations, and unsafe fences or structures, as well as the keeping, placing or storage or refrigerator, icebox, ice-chest, or other similar device or appliance, accessible to children on the exterior premises or in any common hallway, public area or premises; or
      (2)   Any premises that has unsanitary sewerage, plumbing facilities, or storm drainage; or
      (3)   Any premises designated as unsafe for human habitation or use; or
      (4)   Any premises that is manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property; or
      (5)   Any premises from which the plumbing, heating and/or facilities required by this chapter, have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or upon which the required precautions against trespassers have not been provided except in times of repair or renovation by the owner or occupant; or
      (6)   Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds, or contains vehicles in violation of this chapter; or
      (7)   Any tree that is in danger of collapse or that poses a danger of contamination because of disease, decay, injury, infestation, or damage; or
      (8)   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 as not to provide shelter and/or in danger of collapse or failure, and dangerous to anyone on or near the premises;
      (9)   The disposal or accumulation of any foul, decaying, or putrescent substances or other offensive materials dangerous to public health in or on any premises that shall, by reason of offensive odors, become injurious to the health of any person; or
      (10)   Any premises or structure upon which any item is stored or used in a manner that the elements degrade the object/material causing a health or safety issue.
   PUBLIC WAY. Any street, alley, driveway, or similar parcel of land, essentially unobstructed from the ground to the sky, that is deeded, dedicated, or otherwise permanently appropriated to the public for public use.
   ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
   ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
   RUBBISH. Combustible and non-combustible waste materials, except garbage; the term shall include wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, bottles and cans, metals, mineral matter, glass, tires, vehicle parts, inoperable vehicles, lawn and garden equipment, furniture, crockery and dust and other similar materials, and the residue from the burning of wood, coal, coke, and other combustible materials.
   SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not SLEEPING UNITS.
   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 that was prohibited, or failed to do an act that the defendant was legally required to do.
   STRUCTURE. That which is built or constructed or a portion thereof.
   SWIMMING POOL. A structure, public or private, whether above or below grade level, designed to hold in depth, 24 inches or more of water, and used for recreational purposes.
   TENANT. A person, corporation, partnership, or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
   TOILET ROOM. A room containing a water closet or urinal, but not a bathtub or shower.
   ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustainable load reduces to 80% or less of the maximum strength.
   VACANT. Any structure or premise that is not legally occupied or legally in use.
   VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
   WATER CLOSET. A room with a toilet.
   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.
(Ord. 023-013, passed 4-10-2023; Ord. 023-060, passed 11-13-2023)