For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BASEMENT.” A portion of a building located partly underground but having less than two-thirds of its floor-to-ceiling height below the average grade of the adjoining ground.
“CELLAR.” A portion of a building located partly or wholly underground, but having two-thirds or more of its floor-to-ceiling height below the average grade of the adjoining ground.
“DEBRIS.” The remains of something broken down or destroyed.
“DEPARTMENT.” The department is the executive department authorized to administer this chapter, which is the Mayor and the Chief of Police or their designee.
“DWELLING.” A building wholly or partly used or intended to be used for living or sleeping by a human occupant, provided that temporary housing shall not be regarded as a dwelling.
“DWELLING UNIT.” Any room or group of rooms, located within a dwelling, forming a single habitable unit, which includes facilities used or intended to be used for living, sleeping, cooking and eating. A mobile home is included with this definition.
“ENFORCEMENT AUTHORITY.” The chief administrative officer of the department, which is the Chief of Police.
“ENFORCEMENT OFFICER.” The Chief of Police or his or her designee.
"EXTERMINATION." The control and removal of insects, rodents or other pests by:
(1) Eliminating places where vermin might be harbored;
(2) Removing or making inaccessible sources of food for vermin; or
(3) Poisoning, spraying, fumigating, trapping or using any other recognized and acceptable means of eliminating insects, rodents or other pests.
“GARBAGE.” The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
“GOOD REPAIR.” A condition of any building or portion thereof that does not present a danger to occupants or the integrity of the structure.
“HEARING AUTHORITY.” The Board of Public Works and Safety.
“INFESTATION.” The presence of insects, rodents or other pests to such a degree that this presence creates a risk to the health and safety of the inhabitants in or near the area.
“JUNK.” Includes any of the following secondhand, discarded, abandoned, or cast off materials: iron, brass, bronze, copper, tin, zinc, lead, or any other metals or compounds thereof; broken glass, rags, clothing, rubber, plastics, synthetic substances and fabrics, bottles, papers, feathers or any other waste material or any compound or by products of the foregoing enumerated materials or combinations thereof. "JUNK" shall also include wrecked or dismantled vehicles or parts thereof.
“MOBILE HOME.” Any unit designed and constructed to permit occupancy as a dwelling or sleeping place for one or more persons and in such a way as to allow it to be transported on a public street, which unit has no foundation other than wheels, jacks, skirting, or temporary support.
“MULTIPLE DWELLING.” Any dwelling containing more than two dwelling units.
“OCCUPANT.” Any person living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
“OPERATOR.” Any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are leased.
“OWNER.” Any person who holds legal or equitable title to any dwelling or dwelling unit, individually or jointly with others. When a dwelling or dwelling unit is subject to a conditional sales contract or other written agreement, under the terms of which a buyer or other person is entitled to a conveyance of legal title upon payment of a specified sum, the term "OWNER" shall refer to the person who has the contractual right to possession, not the actual legal title holder, unless the actual legal title holder is also entitled to possession of the property.
“ROOMING HOUSE.” Any dwelling or part of a dwelling, containing one or more separate living spaces that are leased by the owner or operator to two or more persons who are not related to the owner or operator as a spouse, parent, sibling or child.
“ROOMING UNIT.” Any single living space that is a part of a rooming house, which is leased to one or more individuals and is set apart from the balance of the rooming house for the individual use of the specific occupants.
“RUBBISH.” Includes mixed fragments of any form or junk or other waste materials, ruins of buildings, any mingled masses, anything of no value, or the remains of something broken down or destroyed. Combustible and noncombustible waste materials, except garbage. The term shall include, but not be limited to trash, paper, rags, cartons, boxes, wood, rubber, leather, branches, yard trimmings, leaves, tin cans, plastics, metals, glass, Styrofoam, crockery, and the residue from burning such items, as well as wood, coal or other discarded substances.
“SUBSTANTIAL PROPERTY INTEREST.” Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
“TEMPORARY HOUSING.” Any tent, mobile home or other structure used for human shelter, which is designed to be transportable and is not attached to the ground, to another structure or to any utility system on the same premises for more than 30 days.
“UNSAFE OR UNFIT BUILDING.” Any building or structure or any part thereof within the municipality, regardless of purpose, that is in such an impaired structural condition arising from any cause whatever:
(1) Which renders that building or structure unsafe or dangerous either to persons or property;
(2) Which is unsanitary or infested with disease or vermin that it creates a serious hazard to the health of the occupants or of the public;
(3) Which is maintained or used in such a way so as to create a fire hazard or danger to life or property;
(4) Which lacks illumination, ventilation or sanitary facilities adequate to protect the health of the occupants or of the public;
(5) Which, because of its general condition or location, is unsanitary or otherwise dangerous to the health of the occupants or of the public; or
(6) Which is constructed, maintained or used in violation of any state statute, or county or city ordinance, including but not limited to, IC 16-41-20-1 or any amendments thereto.
“UNSAFE PREMISES.” Includes an unsafe building and the tract of real property on which the unsafe building is located.
“WEEDS.” Includes any part that is not valued where it is growing, and is of rank growth, tends to overgrow or choke out more desirable plants and/or is listed as a weed in the U.S. Department of Agriculture publication entitled Common Weeds of the United States, or in any similar government publication.
(Ord. 2005-08, passed 10-24-05; Am. Ord. 2007-07, passed 5-14-07; Am. Ord. 2012-03, passed 3-26-12; Am. Ord. 2015-02, passed 5-26-15)