The following terms wherever used herein or referred to in this Chapter shall have the respective meanings assigned to them unless a different meaning is indicated clearly by the context:
(a) Accessory Structure: A structure the use of which is incidental to that of the main building and which is attached hereto or located on the same premises.
(b) Approved: Approved by the Building Inspector/Commissioner.
(c) Building Code: The Building Code of the City and/or State or Federal and any and all amendments thereto.
(d) Building Inspector/Commissioner: The City Official who is charged with the administration and enforcement of this Code otherwise known as the Building Inspector/Commissioner or his or her designee.
(e) Condemn: To adjudge unfit for occupancy.
(g) Deterioration: The condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.
(h) Dwelling: Any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant.
(i) Dwelling Unit - (Commercial Exterior Code): Any room or group of rooms located within a dwelling forming a single habitable unit which includes facilities for living, sleeping, cooking, eating, bathing and toilet purposes.
(j) 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.
(k) Exposed to Public View: Any premises, any part thereof, or any building or any part thereof which may be lawfully viewed by the public from a sidewalk, street, open air parking lot or from any adjoining or neighboring premises.
(l) Exterior of the Premises: Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
(m) Exterior Property: The open space on the premises and on adjoining property under the control of owner's or operators of such premises.
(n) 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, fumigation, trapping or by any other approved pest elimination methods.
(o) Fire Hazard: Anything or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or which may obstruct, delay or hinder or may become the cause of an obstruction, a delay, a hazard or hindrance to the prevention, suppression or extinguishment of fire; or any other fire hazard identified in the Codified Ordinances of the City.
(p) Garbage (also see "Refuse" and "Rubbish"): The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(q) 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.
(r) Immediate Neighborhood: An area separated by no appreciable space and specially denoting a limited number of properties in a very close space relationship to each other, such as properties located within the same block.
(s) Imminent Danger: A condition which could cause serious or life-threatening injury or death at any time.
(t) Infestation: The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.
(u) Inoperable Motor Vehicle: A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its owner power.
(v) Mixed Occupancy: Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses.
(w) Nuisance:
(1) Any public nuisance known in equity jurisprudence, or as provided by the statutes of the state or the Ordinances of the City;
(2) Conditions dangerous to human life or detrimental to health of persons on or near the premises where conditions exist and where the condition is made perilous by active and negligent operation thereof;
(3) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this Chapter; and
(4) Fire hazards.
(x) Occupancy: The purpose for which a building or portion thereof is utilized or occupied.
(y) Occupant: Any individual living or sleeping in a building, or having possession of a space within a building.
(z) Open Area: The part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(aa) Operator: Any person who has charge, care or control of a building, structure, dwelling or premises, or a part thereof, with or without the knowledge and consent of the owner.
(bb) Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the state of any such person, and the executor or administrator of the estate of such person or fiduciary if ordered to take possession of real property by a court.
(cc) Person: An individual, corporation, partnership or any other group acting as a unit.
(dd) Premises: A lot, plot or parcel of land, easement or public way, including any structures thereon.
(ee) Public Way: Any street, alley 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.
(ff) Refuse (also see "Garbage" and "Rubbish"): All putrescible and nonputrescible solid wastes, except body wastes, including, but not limited to garbage, rubbish, yard clippings, leaves, ashes, street cleanings, dead animals and solid market and industrial wastes, unlicensed and inoperable motor vehicles and/or machinery, and appliances.
(gg) Registered Mail: Means registered or certified mail.
(hh) Rooming Unit: Any room or group of rooms forming a single habitable unit, other than a dwelling unit, which is rented or available for rent for sleeping purposes, with or without cooking facilities.
(ii) Rubbish (also see "Garbage" and "Refuse"): Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper, wrappings, tin cans, wood, glass, crockery and similar materials.
(jj) 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.
(kk) Structure: A combination of any materials, fixed or portable, forming a construction.
(ll) Tenant: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(mm) Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(nn) Weathering: Deterioration, decay or damage caused by exposure to the elements.
(oo) Weeds: All grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
(pp) Workmanlike: Executed in a skilled manner; e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.
(qq) Yard: An open space on the same lot with a structure.
(Ord. 2010-22. Passed 5-27-10.)