For the purpose of these Codified Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANCHORED.
Secured in a manner that provides positive connection.
APPROVED.
Approved by the code official.
AUTHORIZED AGENT.
A person that resides within Greene County, Ohio, or a contiguous county, who shall be authorized in writing by the owner or person in control of a vacant commercial or industrial building to be responsible for the security and maintenance of the building and property, who shall have access to the building and property and who shall be available at all times during business and non-business hours in the case that an emergency occurs requiring immediate response and/or to make immediate repairs.
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.
BUILDING CODE.
The latest edition of the Ohio Building Code (OBC), as adopted in § 1420.01.
CODE OFFICIAL.
The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
COMMERCIAL OR INDUSTRIAL BUILDING.
Any structure or part thereof, that is used, or designed to be used for any private manufacturing, industrial, or commercial business purposes whether or not legally zoned for such use.
CONDEMN.
To adjudge unfit for occupancy.
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 the equipment and the structure.
EVIDENCE OF VACANCY.
Any condition that on its own or combined with other conditions present would lead a reasonable person to believe the building is vacant. Such conditions include, but are not limited to, no or significantly below standard utility usage, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, accumulation of trash, junk, and/or debris, broken or boarded up windows, abandoned vehicles, automobile parts or materials, the absence of window coverings, such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with habitation or occupation, statement(s) by neighboring property owners, delivery persons, U.S. Postal Service employees, and/or governmental employee(s) that the building is vacant.
EXTERIOR PROPERTY.
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
FIRE CODE.
Part Sixteen of the City of Xenia's Codified Ordinances.
GARBAGE.
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
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, storage or utility spaces, and similar areas are not considered habitable spaces.
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.
INOPERABLE MOTOR VEHICLE.
A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
KEY BOX.
A secure device with a lock operable only by a fire department master key, and containing building entry keys and other keys that may be required for access in an emergency.
LABELED.
Equipment, materials or products to which have 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 whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
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.
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 living or sleeping in a building, or having possession of a space within a building.
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 structure or premises which is let or offered for occupancy.
OWNER.
(1) 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 estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(2) Any person who, alone, or jointly or severally with others, shall have the legal or equitable title to a property, and shall include executors, administrators, trustees or guardians of the estate of the owner, and any purchaser or assignee under a certificate of sale pursuant to a mortgage foreclosure as evidenced by the signature of the judge upon the confirmation of sale, whether or not the deed has been filed with the Greene County Recorder's Office. The term OWNER
shall also include partnerships, corporations, and other unincorporated associations. Any individual owner, regardless of whether he or she shares ownership responsibility with any other person, any general partner of a partnership, and any officer of a corporation or unincorporated association, shall have direct and personal responsibility and liability for compliance with the provision of this chapter.
PERSON.
(1) As applied to Chapter 1490, an individual, corporation, partnership or any other group acting as a unit.
(2) As applied to Chapter 1492, An individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or any entity recognized by law.
PERSON IN CONTROL.
The owner of the property; a mortgagee or vendee in possession; a receiver; an executor; a trustee; and any person, public or private entity, lessee or holder of a lesser estate in the property, and/or its duly authorized agent(s), with the authority to bring a building or property into compliance with the provisions of this chapter, including but not limited to any mortgagee that has filed an action in foreclosure on the particular property at issue, based on breach or default of a mortgage agreement, until title to the property is transferred to a third party.
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.
PROPERTY.
Not only the vacant commercial or industrial building and other structures of any kind or nature located on the lot, but also the entire parcel of land surrounding the vacant commercial or industrial building, including, but not limited to, fences, walkways, walls, and appurtenances.
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.
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.
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
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.
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 percent or less of the maximum strength.
VACANT COMMERCIAL OR INDUSTRIAL BUILDING.
A commercial or industrial building that is not occupied by its owner, lessee or other person in lawful possession, or at which substantially all lawful manufacturing, industrial or commercial business operations and/or occupancy has ceased.
VENTILATION.
The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
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.
(Am. Ord. 14-10, passed 2-13-2014; Am. Ord. 14-11, passed 2-13-2014)