546.02 DEFINITIONS.
(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 neutral; the singular number includes and plural, and the plural the singular.
(c) Terms not Defined. Where terms are not expressly defined in this Code, such terms shall be given the generally accepted dictionary definition. In determining the definition to be used, the context in which the term is used shall be considered, together with the intent of this Code.
(d) Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," or "structure" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."
(e) General Definitions.
(1) ABANDONED STRUCTURE: A structure that is unoccupied as the result of the relinquishment of possession or control by an owner or other person with the right of possession or control of the structure, a mortgagor or the mortgagor's assigns whether or not the mortgagor or mortgagor's assigns have relinquished equity and title. A structure may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was abandoned, including, but not limited to, evidence of overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, mail, past due utility notices, or other means of notice by publication, the accumulation of junk, litter, trash, or debris, absence of windows or window treatments, absence of furnishings and personal items, statements of neighbors, delivery agents or similarly situated persons that the property is abandoned.
(2) APPROVED: Approved by the Code Official.
(3) BASEMENT: That portion of a building which is partly or completely below grade.
(4) BATHROOM: A room containing plumbing fixtures including a bathtub or shower.
(5) BEDROOM: Any room or space used or intended to be used for sleeping purposes.
(6) CODE OFFICIAL: The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
(7) CONDEMN: To adjudge unfit for occupancy.
(8) 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.
(9) 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.
(10) EXTERIOR PROPERTY: The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(11) 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.
(12) GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(13) 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 fall from the walking surface to a lower level.
(14) 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.
(15) HOUSEKEEPING UNIT: A room or groups 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.
(16) IMMINENT DANGER: A condition which could cause serious of life-threatening injury or death at any time.
(17) INFESTATION: The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
(18) 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.
(19) INSPECTOR: A person employed by or under contract with the City of Youngstown to perform inspections to determine compliance with Codes and to order corrective measures and/or initiate administrative, civil, or criminal proceedings.
(20) 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.
(21) 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 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.
(22) OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.
(23) OCCUPANT: Any individual living or sleeping in a building or having possession of a space within a building.
(24) OPENABLE AREA: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(25) OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(26) OWNER: The registered owner of a property, any person who holds legal or equitable title to the property, is a mortgagee, a vendee-in-possession, assignee of rents, executor, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of a property. The Owner of a property in default or for which a foreclosure action is pending or for which a judgment in foreclosure has been issued shall include the mortgagee, the successor in interest to the mortgagee, the lender or servicing company and any agent acting for the mortgagee, its successors, or a lender or servicing company. Under this definition, there may be more than one "Owner" of a property for purposes of this Chapter.
(27) PERSON: An individual, corporation, partnership or any other group acting as a unit.
(28) PERSON IN CONTROL: The owner of a freehold estate of the premises; 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 premises, and/or its duly authorized agent(s), with the authority to bring a building or premises into compliance with the provisions of this code, including, but not limited to, a mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default or a mortgage agreement, until title to the premises is transferred to a third party.
(29) PREMISES: A lot, plot or parcel of land, easement or public way, including any structures thereon.
(30) 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.
(31) RENTAL UNIT: Any dwelling unit, housekeeping unit, rooming unit, or structure let or rented as a residence to a person who 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 the land.
(32) 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.
(33) 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.
(34) 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.
(35) SECURE: To place a covering over all doors and windows which are within fifteen feet of the exterior grade, consisting of one-half inch thick plywood or polycarbonate attached to the framing of all such doors and windows by wood screws of a minimum length of one and one-half inches, placed twelve inches on center. Plywood shall be painted with a minimum of two coats of exterior paint, and shall be of a color that generally matches the structure.
(36) STRICT LIABILITY OFFENSE: An offense which the prosecution in a legal proceeding is not required to prove criminal intent as 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.
(37) STRUCTURE: That which is built or constructed or a portion thereof.
(38) STRUCTURE UNFIT FOR HUMAN OCCUPANCY: A structure that the Code Official finds to be unsafe, unlawful, or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(39) TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(40) TOILET ROOM: A room containing a water closet or urinal but not a bathtub or shower.
(41) UNLAWFUL STRUCTURE: A structure that is found to be in violation of this code.
(42) UNSAFE EQUIPMENT: Equipment including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(43) UNSAFE STRUCTURE: A structure that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
(44) VACANT STRUCTURE: A structure that is not lawfully occupied or that otherwise qualifies as "Abandoned" under this Section. Multi-family residential structures shall be considered vacant when substantially all of the dwelling units are not lawfully occupied or that otherwise qualifies as "Abandoned" under this Section. Commercial structures shall be considered vacant when all commercial activity has ceased at the site or that otherwise qualifies as "Abandoned" under this Section. Multi-tenant commercial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaging in commercial activity, or that otherwise qualifies as "Abandoned" under this Section. Industrial structures shall be considered abandoned when all industrial or manufacturing activity has ceased at the site or that otherwise qualifies as "Abandoned" under this Section. Multi-tenant industrial structures shall be considered vacant when substantially all of the units are not lawfully occupied or engaging in industrial or manufacturing activity, or that otherwise qualifies as "Abandoned" under this Section.
In determining whether a structure is vacant, it is also relevant to consider, among other factors, the percentage of the overall square footage of the building or floor not in use to the occupied space; the condition and value of any items in the structure and the presence of rental or for sale signs on the property.
A property that is temporarily unoccupied and is in the process of being renovated under proper and unexpired permits shall not be considered vacant.
A property that is listed for sale with a licensed realtor under a fully executed listing agreement shall not be considered vacant for the first six months of the listing agreement under which the property was first listed for sale. Such property shall be considered vacant for purposes of this Section upon the expiration of the first six month period for which it is first listed for sale or upon a subsequent re-listing with the same or a different licensed realtor. Unoccupied property listed as "For Sale by Owner" shall be considered vacant for purposes of this Section.
(45) VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(46) WEEDS: Any grasses, weeds and plants, including, but not limited to, thistles, jimsonweed, burdock, ragweed, cocklebur and any plants or vegetation, other than trees, bushes, flowers, cultivated ornamental flowers, trees, bushes and plants.
(47) WORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
(48) YARD: An open space on the same lot with a structure.
(Ord. 16-119. Passed 4-6-16.)