(A) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
(B) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
(C) Terms defined in other codes. Where terms are not defined in this code and are defined in the codes referenced in §158.98, such terms shall have the meanings ascribed to them as in those codes.
(D) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(E) Parts. Whenever the words "dwelling unit' "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
(F) General definitions.
ANCHORED. Secured in a manner that provides positive connection.
APPROVED. Approved by the Chief Code Enforcement Officer.
APPROVED PAVED SURFACE. Shall be asphalt, concrete, or paver brick and shall encompass the entire footprint of the vehicle stored, placed or allowed to remain upon said approved paved surface.
AUTHORITY HAVING JURISDICTION. Shall be the City of West Carrollton.
AUTOMOBILE PARTS. Any portion or part of any motor-driven vehicle as detached from the vehicle as a whole.
BASEMENT. That portion of a building which 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.
BLIGHT. Shall mean:
(a) A parcel of real estate, lot, or premises that has one or more of the following conditions:
1. A structure or building that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by the Chief Code Enforcement Officer, or his or her designee as unfit for human habitation or use;
2. The property poses a direct threat to the public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;
3. Tax or special assessment delinquencies exceeding the fair market value of the land.
(b) A parcel of real estate, lot, or premises that has two or more of the following conditions that, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot reasonably be corrected through the City of West Carrollton Zoning Code:
1. Dilapidation and deterioration;
2. Age and obsolescence;
3. Inadequate provisions for ventilation, light, air, sanitation, or open spaces;
4. Unsafe and unsanitary conditions;
5. Hazards that endanger lives or property by fire or other causes;
6. Non-compliance with this code, Ohio Building Code, Residential Code of Ohio, Ohio Fire Code, West Carrollton Zoning Code, or West Carrollton Property Maintenance Code;
7. Nonworking or disconnected utilities;
8. Vermin infestation;
9. Is vacant or contains an abandoned structure or building;
10. Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;
11. Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;
12. Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located;
13. One or more vehicles and/or recreational vehicles improperly stored;
14. An accumulation of litter; and/or
15. Is unsightly and/or unkept.
CITY. The City of West Carrollton.
CLEAN HARD FILL. Construction and demolition debris which consists only of reinforced or non-reinforced concrete, brick, block, tile and/or stone which can be re-utilized as construction material. Brick in clean hard fill includes but is not limited to refractory brick and mortar. CLEAN HARD FILL does not include materials contaminated with hazardous wastes, solid wastes, or infectious wastes.
CHIEF CODE ENFORCEMENT OFFICER. Shall be the City Manager or his or her designee who is charged with the administration and enforcement of this code as prescribed in §33.72
of the Codified Ordinances of the City of West Carrollton.
CONDEMN. To adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspector, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); posting(s); recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by the Code Official, the governing body or Board of Zoning Appeals.
CULTIVATE. To loosen or dig (soil) around growing plants.
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. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
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 equipment and structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
GARBAGE and OFFAL. All refuse and waste of animals, fish, fowl, fruit, and vegetable matter, and other material or materials so designated by the Department of Health of Montgomery County or the State of Ohio, liquefied or otherwise, which accumulated in the use and preparation of food for the table, that has been discarded and abandoned and is no longer of value to the owner for ordinary purposes of domestic consumption and also includes all refuse arising from the dealing in or storing of the substances.
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, garages, sheds, storage or utility spaces, and similar areas are not considered habitable spaces.
HISTORICAL BUILDING. Any building or structure that is one or more of the following:
(a) Listed or certified as eligible for listing, by the State Historical Preservation Officer or keeper of the National Register of Historical Places in the National Register of Historical Places.
(b) Designated as historical under an applicable state or local law.
(c) Certified as a contributing resource within a National Register or state or local designated historical district.
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 which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER. A condition which 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.
LABELED. Devices, equipment, appliances, or materials to which has 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 by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
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.
MOTOR VEHICLE. Means any type of motor vehicle or motor driven vehicle used or useful for the conveyance of persons or property.
MOTOR VEHICLE - BODY REPAIR. Means any activity involving the application or removal of paint, epoxy, body filler or other similar product or material, of effect modifications to the exterior or interior of a vehicle.
MOTOR VEHICLE - MAJOR REPAIR. Means any repair which requires the engine drive train, transmission assembly, exhaust system or drive train pails to be removed from the vehicle, and/or requires removal of any interior parts.
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 occupying, living or sleeping in a building or structure, or having possession of a space within a building or structure.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a building, structure or premises which is let or offered for occupancy.
OWNER. Shall mean: (a) any owner of record of the fee of the premises or lesser estate therein, mortgagee, vendee in possession, land contract purchaser, assignee of rents, receiver, executor, administrator, trustee, or lessee as determined by an examination of public records of Montgomery County Ohio; (b) any owner of record of any building or structure on a premises, including any mobile or manufactured home, or any lesser estate therein, mortgagee, vendee in possession, land contract purchaser, assignee of rents, receiver, executor, administrator, trustee, or lessee as determined by an examination of public records of Montgomery County Ohio or the State of Ohio; and (c) any other person, firm or corporation in control of a building, structure or premises, or their duly authorized agents.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating
their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC AREA. All public ways, parks, and other lands owned or leased by the city.
PUBLIC NUISANCE or NUISANCE. Shall be as defined in Chapter 160 of the Codified Ordinances of the City of West Carrollton.
PUBLIC WAY. Any public street, road, boulevard, alley, sidewalk, right-of-way, or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
REASONABLE. Shall mean fair, proper, or moderate under the circumstances.
RECREATIONAL VEHICLE. Shall mean and include the following:
(a) Travel trailer, which is a portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreation, vacation and/or other uses, and is pulled by another motorized vehicle;
(b) Pick-up camper, which is a structure designed primarily to be mounted on or removed from a motor vehicle chassis and maintains sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, vacation and/or other uses;
(c) Motorized mobile home, which is a self-contained motorized dwelling designed to be used as a temporary dwelling for travel, recreation, vacation and/or other uses;
(d) Boat trailer, means an open or enclosed trailer that transports any type of watercraft;
(e) Utility trailers, means any type or style of open or enclosed trailer used to transport any item, material or vehicle;
(f) Fold-out or pop-up tent trailers, means a type of recreational vehicle that can be collapsed for ease of transportation or storage;
(g) Any combination of the above.
RENTAL PROPERTY. Shall mean any individual parcel of land for residential use and occupancy, the facilities and appurtenances in and on it, and the grounds, area, and facilities that is let for occupancy, let or leased, rental property does not include any of the following:
(a) State and/or federal prisons, jails, workhouses, and other places of incarceration or correction, and halfway houses.
(b) Hospitals or similar institutions.
(c) Hotels or motels.
(d) State- and/or county-sanctioned shelters for juvenile runaways, victims of domestic violence, or homeless persons.
(e) State- and/or county-sanctioned foster care homes, community-oriented residential social service facilities.
(f) Any form of the word "Group Home" as defined in Chapter 154 of the City of West Carrollton Zoning Code.
REFUSE. Only the matters which are in fact noxious or have been refused and abandoned by the owner as worthless.
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. Automobile parts, refuse, scrap metal, used building materials, waste, ashes, cans, paper,
cartons, furniture, appliances, plastic, coal, coke, rubber, leather, yard trimmings, excelsior, mineral matter, oil of an unsightly or unsanitary nature, wire, chips, shavings, bottles, glass, crockery, tin, wood, boxes, rags, dead weeds, brush, tree branches, bushes, other combustible material or anything else of an unsightly or unsanitary nature other than garbage and offal.
SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or is useful for its originally intended purpose.
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 which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE. That which is built or constructed or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TREE AND/OR SHRUBS. All woody vegetation presently or hereafter planted on any public areas.
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 which shall be deemed to occur if the sustainable load reduces to 80% or less of the maximum strength.
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WEEDS. Weeds shall include all grasses, annual, biennial and perennial plants and vegetation. However, this term shall not include trees, shrubs, bushes, cultivated flowers and gardens, ornamental grasses, cultivated gardens and crops planted and cultivated for sale or in connection with an agricultural business.
WORKING DAYS. Shall be Monday through Friday excluding holidays.
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. 3673, passed 8-11-20)