1726.01. Definitions.
   (a)   "Public nuisance" means, in addition to that stated in the Property Maintenance Code adopted in Chapter 1367 of the Building Code, any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars by reason of:
      (1)   being a menace, threat and/or hazard to the general health of the community.
      (2)   being a fire hazard.
      (3)   being unsafe for occupancy, or use on, in, upon, about or around the aforesaid premises.
      (4)   lack of sufficient or adequate maintenance of the structure, location and/or premises, and/or being vacant, any of which depreciates the enjoyment and use of property in the immediate vicinity to such an extent that it is harmful to the community in which such structure, location or premises is situated or such condition exists.
      (5)   improperly or without written authorization from a governmental entity, releasing, dumping or storing in the environment (i.e., air, soil, land or water) any hazardous, infectious, or other type of waste or chemical product.
      (6)   being a premises occupied or used by persons engaged in violations of Title 5, General Offenses Code or Title XXIX or Title XLIII of the Ohio Revised Code.
   (b)   "Owner" means any of the following:
      (1)   Any person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, or any shareholder, officer, trust, trustee, partner, agent or employee of any of the above who has care, custody, control or charge of a premises or part thereof, has legal title to the premises, or has done any act to maintain or operate the premises.
         A.   "Maintaining or operating the premises" shall include without limitation, entering into a public utility contract, obtaining a building or demolition permit or obtaining any other permit or license relating to the premises.
      (2)   Any operator of a premises.
   (c)   "Operator" means:
      (1)   Any person who has charge, care of or control of premises or a part thereof whether with or without the knowledge and consent of the owner.
      (2)   Any person who alone or jointly or severally with others shall have legal or equitable title to any premises with or without accompanying actual possession therefrom or shall have charge, care or control of premises as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession.
      (3)   Any person who as a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.
      (4)   The vendor or vendee under a land installment contract who has care, custody, control or the right to enter on the premises or real property.
   (d)   "Premises" means a lot, plot or land parcel, including the building or structures thereon.
   (e)   "Director" means the Director of the Department of Neighborhoods.
(Ord. 539-15. Passed 11-10-15.)