Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.

Alteration means any change, addition or modification in construction or occupancy.

Approved means authorized by this Code or by order of the neighborhood improvement manager or code enforcement board.

Assessed value means the most recent assessment performed and recorded in the ad valorem tax rolls by the county property appraiser.

Basement means a portion of a building located partly underground, but having less than one-half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Building means a combination of materials to form a construction adapted to permanent or continuous occupancy for use for public, institutional, residential, business, industrial or storage purposes.

Building code means the building code of the city and shall include the boiler, building, electrical, gas, mechanical, plumbing and sign codes.

Building official means the construction services division manager or the official in charge of the division that is responsible for administering, enforcing and investigating the provisions of chapter 5.

Cellar means a portion of a building located partly or wholly underground and having one-half or more than one-half of its cellar floor-to-ceiling height below the average grade of the adjoining ground.

Code enforcement officer means any designated employee or agent of the city whose duty it is to enforce codes and ordinances enacted by the city. This shall include but is not limited to, code enforcement inspectors, building inspectors, solid waste code inspectors, grease management inspectors, law enforcement officers, and fire safety inspectors.

Dangerous tree shall have the same meaning, as defined in chapter 27, of the City Code.

Deterioration means the condition or appearance of a building characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.

Department of code enforcement means the department that is designated by the mayor to enforce the provisions of this chapter.

Director means the neighborhood improvement manager or the official in charge of the department that is responsible for enforcing the provisions of this chapter.

Dwelling means any building or structure used and occupied for human habitation or intended to be so used and shall include any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking or eating.

Exposed to public view means any premises or any building which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, licensed open-air parking lot or from any adjoining or neighboring premises.

Exterior of premises means those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.

Extermination means the control and elimination of insects, rodents or other pests and termites by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and approved pest elimination method.

Fire hazard means anything or any act which increases or may cause an increase of the hazard or menace for 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 a hindrance to the prevention, suppression or extinguishment of fire.

Garbage means every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles and any other matter of any nature whatsoever which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects.

Garden trash means all accumulations of leaves, grass or shrubbery cuttings and other refuse attending the care of lawns, shrubbery, vines and trees.

Good state of repair means a dwelling unit is safe and comfortable for its ordinary intended use or that the materials used in any structure are sound and stable and performing the function for which intended.

Good working condition means the item is fully operable for the use for which it was intended.

Graffiti means unauthorized writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye or other similar substances on public or private buildings, structures or places, regardless of the content or the nature of materials used in the commission of the act, not authorized by the property owner or possessor or which is not permitted under the City Code and ordinances.

Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, but shall not include bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

Household means one (1) or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities.

Industrial wastes means the waste products of canneries, slaughterhouses or packing plants, condemned food products, agricultural waste products, waste and debris from brick, concrete block, roofing shingles or tile plates, debris and wastes accumulated from land clearing, excavating, building, rebuilding and altering of buildings, structures, roads, streets, sidewalks or parkways and other solid waste products generated from industrial processing or manufacturing.

Infestation means the presence, within or around a structure, of any insects, rodents or other pests which may be harmful to the health or safety of the occupants or the soundness of the structure.

Inoperative vehicle means a vehicle which is in a state of disrepair and incapable of being moved under its own power, or a vehicle which fails to meet the minimum requirements necessary for lawful operation of a motor vehicle on the streets and highways of the state, including a valid license plate properly placed on the vehicle.

Junk means pieces of old cable or cordage, mats, swabs or oakum, old iron, glass, paper or other waste or secondhand, worn or discarded articles or anything of little meaning or significance.

Let means to lease, demise or furnish an estate in or possession of a dwelling or dwelling unit to another for rent or other consideration for a term certain or at will for the purpose of living, sleeping, cooking or eating therein.

Meaning of certain words. Whenever the words "structure," "building," "dwelling," "dwelling unit," "rooming house," and "premises," are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

Mixed occupancy means any building containing one (1) or more dwelling units and also having a portion thereof devoted to nondwelling uses.

Multiple dwelling means any structure containing more than two (2) dwelling units.

Noncombustible refuse means refuse materials that are non-burnable at ordinary incinerator temperatures (eight hundred (800) degrees to one thousand eight hundred (1,800) degrees Fahrenheit) such as metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies or parts and other similar material or refuse not usual to housekeeping or to operation of stores or offices.

Nuisance means any one (1) or combination of the following:

(1)

Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the state or ordinances of the city, including this chapter;

(2)

Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot including, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles and any structurally unsound fences or structures, lumber, trash, fences, debris and vegetation such as poison ivy, oak or sumac which may prove a hazard for inquisitive minors;

(3)

Any vegetation which is not commercially grown or sold for the purposes of landscaping or is grown, sold or used for landscaping but is not being maintained according to standard industry practices;

(4)

Any graffiti;

(5)

Any snipe signs as defined in Chapter 5 of this Code;

(6)

Physical conditions dangerous to human life or detrimental to health or persons on or near the premises where the condition exists;

(7)

Insanitary conditions or anything offensive to the senses or dangerous to health;

(8)

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings; and

(9)

Fire hazards.

Occupancy means uninterrupted use of a dwelling or dwelling unit as a place of abode by an owner or tenant, except for temporary absences for business, vacation or other similar reasons.

Occupancy orreoccupancy means the act of an owner or tenant first moving into a dwelling or dwelling unit for the purpose of using the dwelling or dwelling unit as a place of abode.

Occupancy permit means a written document signed by the neighborhood improvement manager authorizing an occupant or other person designated by the occupant to move into a vacant dwelling or dwelling unit for the purpose of residing therein, subject to the limitations specified on the signed document.

Occupant means the head of the household and, when used in the plural, shall include all other persons over one (1) year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit.

Operator means any person who has charge, care or control of a building, whether with or without the knowledge or consent of the owner.

Ordinary winter conditions means when the outdoor temperature is fifty (50) degrees Fahrenheit or below.

Owner means a holder of any legal or equitable estate in the premises, whether alone or jointly with others and whether in possession or not, and, if the case permits, shall include all individuals, associations, partnerships, corporations and others who have interest in a structure and any who are in possession or control thereof as agent of the owner, as executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the owner shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant thereto to the same extent as if he were the owner and upon failure to comply therewith shall be subject to the same penalties hereinafter set out. Any person who is a lessee of any part or all of any commercial premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises occupied by the lessee.

Plumbing means all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in connection with air-conditioning equipment.

Public area means an unoccupied open space adjoining a building and on the same property.

Public authority means any official, department or branch of the government of the city, county or state having jurisdiction over matters of health, fire, building regulations or dwellings within the city.

Refuse means all putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

Repair means the construction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall not apply to any change of construction.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rooming house means any dwelling or that part of any dwelling containing one (1) or more rooming units in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.

Rubbish means any refuse, accumulations of paper, packing material, rags or wooden or paper boxes or containers, sweepings, and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, and also any bottles, cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water-breeding insects.

Solid waste is a general term that includes the specific terms "garbage," "garden trash," "junk," "rubbish," "industrial waste" and "hazardous waste."

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished ceiling level directly above a basement or cellar is more than six (6) feet above grade, such basement or cellar shall be considered a story.

Structurally sound means free of imperfections which affect the intended use of a structure.

Structure means a combination of any materials, whether fixed or portable, forming a construction, including all buildings and dwellings.

Supplied means paid for, furnished or provided by or under the control of the owner or operator, his agent and/or representative.

Temporary housing means any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than thirty (30) consecutive days.

Tenant means a person who has the occupation or temporary possession of a dwelling or dwelling unit, but does not hold title to same.

Trash means something worth little or nothing; junk, rubbish; something in a crumbled or broken condition or mass.

Unfit for human habitation means dwellings which are unfit for human habitation due to dilapidation or defects creating or increasing the hazards of fire, accident or other calamities; lack of ventilation, light or sanitary facilities; overcrowding or other conditions rendering such dwellings unsafe or insanitary or dangerous or detrimental to the health, safety or morals or otherwise to the welfare of the inhabitants.

Vacant or vacated means a dwelling unit deemed to be vacated and to have become vacant whenever an occupying owner or tenant ceases to use the dwelling or dwelling unit as a place of abode.

Washroom means an enclosed space containing one (1) or more bathtubs, showers or both and which shall also include toilets, lavatories or fixtures serving similar purposes.

Waste means garbage, rubbish, garden trash, noncombustible refuse and industrial wastes as herein defined.

Water closet compartment means an enclosed space containing one (1) or more toilets which may also contain one (1) or more lavatories, urinals and other plumbing fixtures.

(Ord. No. 89-269, § 2(48-3), 10-12-89; Ord. No. 90-124, § 2(48-3), 5-17-90; Ord. No. 96-204, §§ 1, 2, 9-26-96; Ord. No. 2011-98, § 1, 8-25-2011; Ord. No. 2017-91, § 1, 6-22-2017; Ord. No. 2019-54, § 3, 4-18-2019; Ord. No. 2022-40, § 4, 3-3-2022; Ord. No. 2023-64, § 1, 5-4-2023)

Cross reference— Definitions and rules of construction generally, § 1-2.