For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
(1) "Abate" means to repair, replace, remove, destroy or otherwise remedy a condition, which constitutes a violation of this chapter by such means and in such a manner and to such an extent as is deemed necessary in the interest of the general health, safety and welfare of the community.
(2) "Business purpose" means the use of any residential, commercial or industrial zone property for the direct or indirect transaction of business, which includes but is not limited to physical occupancy of the property by the business, renting the property or buildings thereon for the storage of materials, vehicles, trash or items of value, or any other use that supports an underlining business activity.
(4) "Control" means the ability to regulate, restrain, dominate, counteract or govern property or conduct that occurs on a property.
(5) "Chronic nuisance property" means property on which a combination of three or more cited nuisance activities occur during any one-hundred eighty (180) day period that are found to be nuisance violations.
(6) "Chronic nuisance warning" means a notice issued by the City to the legal owner of a property, the person responsible for a property and any occupants of a property advising them of their designation as a chronic nuisance property, stating their responsibilities to act and providing notification of the penalties that may be imposed.
(7) "Landlord" means the owner, lessor or sublessor of the dwelling unit or the property of which it is a part, and in addition, means any person designated as a representative of the landlord.
(8) "Nuisance Activity" means and includes:
A. Any nuisance as defined by state law or local ordinance occurring on, around or near a property, including but not limited to, violations of the following laws and regulations:
1. Chapter 466, Snow Emergencies.
2. Chapter 642, Offenses Relating to Property.
3. Chapter 678, Weeds.
4. Chapter 1030, Obstructions and Maintenance.
5. Chapter 1034, Trees and Tree Lawns.
6. Chapter 1242, Administration, Enforcement and Penalty.
B. For the purpose of this chapter, nuisance activity shall not include where the person responsible is the victim of a crime.
(9) "Person" means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them.
(10) "Person in charge," "Person responsible for the property" or "Person responsible" means, unless otherwise defined, any and all persons who have titled ownership of the property or structure which is subject to this chapter, persons in actual or constructive possession of a property, a landlord, occupants in control of the property or structure which is subject to this chapter, a developer, building or business operators or owners who are developing, building or operating a business on the property or in a structure which is subject to this chapter and/or any person who has control over the property and allows a violation of this chapter to continue.
(11) "Premises" and "Property" may be used interchangeably and means a public or private building, lot, parcel, dwelling, rental unit, rental property, real estate or portion thereof, including property used as a residential, commercial or industrial property.
(12) "Rental unit" means any structure or that part of a structure, including but not limited to, a single family home, room or apartment, which is rented to another person and used as a home residence or sleeping place by one or more persons.
(13) "Rental property" means any building, structure, lot parcel or property or portion thereof that is rented to another person and used for a business purpose.
(14) "Nuisance violation" means the legal finding of guilt through admission to or conviction by a court of law for a cited nuisance activity.
(Ord. 1780. Passed 11-8-16.)