Where terms are not defined in this Chapter, such terms shall have their customary meanings as the context implies.
(a) ABANDONED: Vacant buildings in need of repair or maintenance for a continuous period greater than six (6) months from the date of first notice for repair or compliance requirements from the Enforcement Officer.
(b) BUILDING CODE: The most current edition of the State of Ohio building code, for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures.
(c) ENFORCEMENT OFFICER: The Village Administrator or a person or persons duly designated by the Village Administrator.
(d) EXTERIOR PROPERTY AREAS: Those portions of a structure which are exposed to public view as well as the open space contiguous to the structure.
(e) GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food or the by-products of such enumerated items, not to be inclusive of a well-maintained compost pile.
(f) GRAFFITI: Any unauthorized inscription, design, word, figure, or mark of any type drawn, marked, painted, tagged, etched, scratched, or written upon any upon any building, bridge, fence, gate, rock, structure, tree, wall, or other property visible to the public that defaces, damages, or destroys any public or private, real or personal property. Such inscription, design, word, figure or mark shall be deemed unauthorized if the property owner has not granted written permission prior to its application to the structure.
(g) INFESTATION: The presence, within or contiguous to, a structure or premises of insects, rats, vermin, or other pests.
(h) JUNK OR INOPERABLE VEHICLE: A vehicle, including but not limited to cars, trucks, busses, trailers, and boats, shall be deemed a junk or inoperable vehicle whenever any of the following occur:
(1) It does not display a valid license plate; or
(2) It is wrecked, partially wrecked, dismantled, partially dismantled, discarded or is incapable of being driven and has remained so for a continuous period of thirty (30) days; or
(3) The vehicle is without fully inflated tires and/or has any type of support under it;
(4) The vehicle has a substantially damaged or missing window, windshield, door, motor, transmission, or other similar major part.
(i) OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(j) OWNER: Shall include any of the following:
(1) The owner of record as shown on the current tax list of the auditor of Lucas County, Ohio;
(2) The mortgage holder of record, if any, as shown in the mortgage records of the recorder of Lucas County, Ohio;
(3) Any person who has a freehold or lesser estate in the premises;
(4) A mortgagee or vendee who evidences possession, charge, care, or control of the premises, and includes someone to whom the sheriff of Lucas County has issued a deed for the premises whether or not the deed has been recorded;
(5) Any person who has charge, care, or of control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian, or lessee;
(6) Any person who holds himself or herself out to be in charge, care, or control of the premises as evidenced by negotiating written or oral lease agreements relative to the premises, collecting rents for the premises, performing maintenance or repairs on the premises, or authorizing others to perform maintenance or repairs on the premises.
(k) PERSON: Includes a firm, association, organization, partnership, trust, company, corporation or other legal entity, as well as an individual.
(l) PREMISES: A lot, plot, or parcel of land including the buildings or structures thereon.
(m) PUBLIC NUISANCE: Shall include any of the following:
(1) Any building, premises, or real estate, including vacant land, or any appurtenance thereto which is not in compliance with any building, housing, nuisance abatement, air pollution, sanitation, health, fire, zoning, or safety code of the Village of Whitehouse;
(2) Any building, premises, or real estate, including vacant land, or any appurtenance thereto upon which its real property taxes have remained unpaid in excess of one (1) year from date of assessment;
(3) Any building, premises, or real estate, including vacant land, or any appurtenance thereto on which a felony violation of ORC 2925 or 3719 has occurred;
(4) Any building, premises, or real estate, including vacant land, or any appurtenance thereto as defined as a nuisance or public nuisance in ORC 3767;
(5) Any building, premises, or real estate, including vacant land, or any appurtenance thereto that is used or occupied by a criminal gang (as defined in ORC 2923.41) on more than two (2) occasions within a one (1) year period to engage in a pattern of criminal gang activity (as defined in RC 2923.41);
(6) Any building, premises, or real estate, including vacant land, or any appurtenance thereto used in violation of ORC 2915;
(7) The physical condition, or use of any premises regarded as a public nuisance at common law;
(8) Any physical condition, use, or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to junk, inoperable or unlicensed vehicles, abandoned wells, shafts, basements, excavations, abandoned refrigerators, and unsafe fences or structures;
(9) Any premises which have improperly working drainage facilities;
(10) Any premises designated as unsafe for human habitation or use;
(11) Any premises, which is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured as to endanger life, limb or property;
(12) Any premises which is unsanitary, or which is littered with rubbish or garbage;
(13) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; 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.
(n) RUBBISH: Rubbish is both combustible and non-combustible waste materials, including car parts, motors, and abandoned appliances. The term shall also include rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials, as well as the residue from the burning of wood, coal, and other combustible materials.
(o) 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.
(p) STRUCTURE: Anything constructed or erected which requires location on the ground or attachment to something having location on the ground.
(q) UNFIT FOR HABITATION: Any building or structure found to be a public nuisance by the Enforcement Officer and further declared as unfit for human habitation or use due to any of the following:
(1) The property is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it is hazardous to the health or safety of the occupants or of the public.
(2) The property lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) Because of its general conditions, the property is unsanitary or otherwise hazardous to the health or safety of the occupants or of the public.
(r) YARD: An open space on the same lot with a structure.
(Ord. 10-2016. Passed 12-20-16.)