(a) The following terms used in this Code are defined herein:
(1) "Approved", as applied to a material, device or method of construction, means approved by the Code Official under the provisions of this Code, or approved by other authority designated by law to give approval in the matter in question.
(2) "Basement" means that portion of a building which is partly below and partly above grade, and having at least one half its height above grade.
(3) "Building Code" means the most current edition of the Montgomery County Building Code, or such other code as may be officially designated by Council for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures.
(4) "Cellar" means that portion of a building which is partly or completely below grade, and having at least one-half its height below grade.
(5) "Central heating" means the heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.
(6) "Code Official" means the official who is charged by the City with the administration and enforcement of this Code, or any duly authorized representative.
(7) "Condemn" means to adjudge unfit for use or occupancy.
(8) Condemnation" means the act of judicially condemning.
(9) "Dwellings":
A. "One-family dwelling" means a building designed for or used exclusively for residential purposes by one family.
B. "Two-family dwelling" means a building designed for or used exclusively for residential purposes by two families living independently of one another.
C. "Multiple-dwelling" means a building, or portion thereof, designed for or used exclusively for residential purposes by three or more families living independently of one another.
D. "Dormitory" means a space in a building where group sleeping accommodations are provided for persons not members of the same family group, in one room, or in a series of closely associated rooms.
E. "Dwelling unit" means a single-family, two-family or multiple family dwelling used by one family for cooking, living and sleeping purposes.
(10) "Enforcement officer" means the official designated herein or otherwise charged with the responsibilities of administering this Code, or his authorized representative.
(11) "Exterior property areas" means the open space on the premises and on adjoining property under the control of owners or operators of such premises.
(12) "Extermination" means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison, spraying, fumigating, trapping or by any other approved pest elimination methods.
(13) "Family" means an individual or two or more persons related by blood, marriage or adoption who are living together as a housekeeping unit.
(14) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(15) "Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
(16) "Infestation" means the presence, within or contiguous to a structure or premises, of insects, rodents, vermin or other pests.
(17) "Junk vehicle" means any vehicle which is without a currently valid license plate or plates, and, is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition.
(18) "Let for occupancy or let" means to permit possession or occupancy of a dwelling, dwelling unit, building or structure by a person who shall be legal owner or not be 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.
(19) "Maintenance" means conformance of a building and its facilities to the code under which the building was constructed.
(20) "Occupant" means any person living and sleeping in a dwelling unit or having actual possession of such dwelling or rooming unit.
(21) "Openable area" means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(22) "Operator" means any person, agent, firm or corporation having a legal or equitable interest in the property.
(23) "Person" includes a corporation or co-partnership as well as an individual.
(24) "Plumbing" means the practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the Montgomery County Plumbing Code.
(25) "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 used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premise; or which requires both a water supply connection and a discharge to the drainage system of the premises.
(26) "Premises" means a lot, plot or parcel of land including the buildings or structures thereon.
(27) "Public nuisance" includes the following:
A. The physical condition, or use of any premises regarded as public nuisance at common law; or
B. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to junk vehicles, abandoned wells, shafts, basements, excavations, abandoned refrigerators and unsafe fences or structures; or
C. Any premises which have unsanitary sewerage or plumbing facilities; or
D. Any premises designated as unsafe for human habitation or use; or
E. Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to endanger life, limb or property; or
F. Any premises from which the plumbing, heating and/or facilities required by this Code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or
G. Any premises which are unsanitary, or which are littered with rubbish or garbage; or
H. Any structure or building 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, in danger of collapse or failure, and is dangerous to anyone on or near the premises.
(Ord. 10-87. Passed 4-6-87.)
I. That which is defined as a nuisance in section 3767.05(c) of the Ohio Revised Code, which is incorporated herein by reference and made a part hereof;
J. That which is defined as a nuisance in section 3767.05(e)(f)(g) of the Ohio Revised Code, which is incorporated herein by reference and made a part hereof;
K. Premises or real estate, including vacant land, on which a felony occurs, a violation of chapter 2925 or 3719 of the Ohio Revised Code occurs, regardless of whether there has been a conviction for said violation.
(Ord. 13-05. Passed 4-18-05.)
(28) "Renovation" means a building and its facilities made to conform to present day minimum standards of sanitation, fire and life safety.
(29) "Residence" means a building in which sleeping accommodations, and sanitary, and cooking facilities as a unit are provided.
(30) "Rubbish" means combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal and other combustible materials, as well as 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, car parts, motors and abandoned appliances.
(31) "Structure" means anything constructed or erected which requires location on the ground or attachment to something having location on the ground.
(32) "Ventilation" means the process of supplying and removing air by natural or mechanical means to or from any space.
(33) "Water closet" means a room in which a bowl-shaped plumbing fixture filled with a device for flushing with water is located.
(34) "Workmanlike": whenever used in this Code, the words "workmanlike state of maintenance and repair" means that such maintenance and repair shall be made in a reasonable skillful manner.
(35) "Yard" means an open, unoccupied space on the same lot with a building extending along the entire length of a street, or rear, or interior lot line.
(Ord. 10-87. Passed 4-6-87.)