For the purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively. Those items not herein specifically defined shall be given their common ordinary meaning whenever it is appropriate or reasonable to do so.
ABATE. Shall mean, made to comply with all applicable housing, building, zoning, fire and criminal codes by removing, terminating, ending, or correcting the nuisance.
ATTRACTIVE NUISANCE. Shall mean a dangerous condition on a property that may attract children onto the premises and may involve risk or harm to their safety.
BLIGHT. Shall mean:
(1) A parcel of real estate, lot, or premises that has one or more of the following conditions:
(a) 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;
(b) 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;
(c) Tax or special assessment delinquencies exceeding the fair market value of the land.
(2) 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 be reasonably corrected through the City of West Carrollton Zoning Code:
(a) Dilapidation and deterioration;
(b) Age and obsolescence;
(c) Inadequate provisions for ventilation, light, air, sanitation, or open spaces;
(d) Unsafe and unsanitary conditions;
(e) Hazards that endanger lives or property by fire or other causes;
(f) Non-compliance with this code, Ohio Building Code, Residential Code of Ohio, Ohio Fire Code, West Carrollton Zoning Code, Subdivision Code, Flood Damage Prevention Code, or West Carrollton Property Maintenance Code;
(g) Nonworking or disconnected utilities;
(h) Vermin infestation;
(i) Is vacant or contains an abandoned structure or building;
(j) Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;
(k) Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;
(l) 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;
(m) One or more vehicles and/or recreational vehicles improperly parked or in an inoperable condition stored out of doors in view from the public right-of-way or that of a neighboring property;
(n) An accumulation of litter.
JUNK MOTOR AND/OR RECREATIONAL VEHICLES. Means any motor or recreational vehicle meeting all of the following requirements:
(1) A vehicle that has been left on private property for more than 48 hours or left on a public street, public way, or other property open to the public for purposes of vehicular travel or parking upon or within the right-of-way of any road or highway, for more than 48 hours;
(2) A vehicle that is three years or older;
(3) A vehicle that is extensively damaged, including but not limited to, any combination of the following types of damage: deflated, wrecked, or missing tires or rims; missing or wrecked body parts; broken or missing head lights, tail lights, or brake lights; broken, cracked, or missing windows or windshields; missing all or part of the motor or transmission; missing, expired, or invalid license plate(s), or validation sticker(s); or a vehicle that is otherwise apparently inoperable; and
(4) A vehicle that has a fair market value of $1,500 or less.
(5) Junk motor and/or recreational vehicle does not mean a vehicle properly stored on the premises of an authorized automobile wrecking facility or facility in conformance with applicable law. AUTOMOBILE WRECKING facility shall have the same meaning as used in the City of West Carrollton Zoning Code.
OWNER. Shall mean:
(1) Any owner of record 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;
(2) 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
(3) Any other person, firm or corporation in control of a building, structure or premises, or their duly authorized agents.
OTHER RESPONSIBLE PERSON. Shall mean any person or persons, other than an owner, who use, occupy, establish, or conduct a public nuisance.
(Ord. 3674, passed 8-11-20)