[Ord. No. 943 §1, 6-5-2014]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this code, have the meanings shown in this Chapter.
[Ord. No. 943 §1, 6-5-2014]
Words stated in the present tense include the future; words
stated in the masculine gender include the feminine and neuter; the
singular number includes the plural, and the plural, the singular.
[Ord. No. 943 §1, 6-5-2014]
Where terms are not defined in this code and are defined in
the Building, Fire Prevention, Unified Development Code, Plumbing
or Mechanical Codes or elsewhere in the Lake Tapawingo Code of Ordinances,
such terms shall have the meanings ascribed to them as in those codes.
[Ord. No. 943 §1, 6-5-2014]
Where terms are not defined, through the methods authorized
by this Code, such terms shall have ordinarily accepted meanings such
as the context implies.
[Ord. No. 943 §1, 6-5-2014]
Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "rooming unit" or "story" are stated in this code, they
shall be construed as though they were followed by the words "or any
part thereof."
[Ord. No. 943 §1, 6-5-2014]
As used in this Chapter, the following terms shall have these
prescribed meanings:
APPROVED
Approved by the Building Official.
BUILDING OFFICIAL
The official who is charged with the administration and enforcement
of this code and/or any duly authorized representatives thereof.
CONDEMN
To adjudge unfit for occupancy.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one (1) or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
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; or by poison spraying, fumigating,
trapping or by any other approved pest-elimination methods.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
IMMINENT HAZARD
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.
JUNK
Any metal, glass, paper, rags, wood, discarded automobile
or vehicle parts, machinery parts, cloth or other waste or discarded
material of any nature or substance whatsoever or scrap or salvage
materials.
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.
LET FOR OCCUPANCY or LET
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises 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.
NOXIOUS PLANTS
Poison ivy, poison oak and poison sumac, at any height or
state of maturity.
NUISANCE
The following are hereby declared, defined and deemed to be nuisances for purposes of this code, along with those things deemed as nuisances in Chapter
220 and elsewhere in the Lake Tapawingo Code of Ordinances; provided, however, that the following enumeration shall not be deemed to be exclusive:
1.
Any condition or use of private property or of building exteriors
which is detrimental to the property of others or which causes or
tends to cause substantial devastation of other property in the neighborhood
in which such property is located or offensive annoyances which are
discomforting or detrimental to the health or public welfare of individuals
or the public. This includes, but is not limited to, the dumping or
the depositing on or the scattering over the premises of any of the
following:
a.
Abandoned, discarded or unused objects or equipment, such as
automobiles, boats, furniture, stoves, refrigerators, freezers, cans
or containers;
b.
Building material, excluding building materials normally used
for landscaping, abandoned or stored on property where construction
is not in progress and on property not properly zoned for such storage;
however, building material shall be allowed to be stored on property
for which a valid building permit is currently in effect and may be
stored on property on which a project not requiring a permit is in
progress. If building materials are stored on property in excess of
either the permit period or ninety (90) days from the time of the
initial delivery of building materials in the case of projects not
requiring a permit, it shall be deemed a nuisance.
2.
The accumulation upon any private property, lot or parcel of
ground or the discharge thereof upon any public street, alley, sidewalk
or other public place or upon any private property of foul or nauseous
waste of any kind whatever.
3.
The accumulation or existence upon any private property, lot
or parcel of ground of any putrid or unsound meat, pork, fish, hides,
decayed vegetables or food, manure, ash heaps, garbage, rubbish, or
filth of any kind which, by its decay or putrefaction, could or would
become offensive.
4.
The existence of structures and exterior property harboring
rodents not promptly exterminated by approved processes which are
not injurious to human health; failure to take proper precautions
to eliminate rodent harborage and to prevent reinfestation.
5.
The standing of vehicles which are laden with any foul or nauseous
thing, liquid or substance or any refuse, filth, offal or other trash
or rubbish anywhere in the City for a period of time longer than reasonably
necessary for loading and unloading.
6.
Any unclean, stinking, foul, odorous or filthy drain, ditch,
tank or gutter.
7.
Any dirt gathered in cleaning yards, waste of mills or factories
or any rags, damaged merchandise, wet, broken or leaking barrels,
casks or boxes or any materials which are offensive or tend by decay
to become putrid or to render the atmosphere impure or unwholesome
found upon any lot or piece of ground.
8.
Carcasses of animals not buried, destroyed or removed within
twelve (12) hours after death.
9.
Any water accumulating and remaining, continuing or stagnating
upon, in or about any lot, tract or piece of ground or any barrels,
buckets, kegs, tubs, cans or vessels of any kind whatsoever caused
or permitted to be thrown, to be placed or to remain upon any lot,
property or grounds in the City that might, could or would catch,
hold, contain or retain water in which mosquitoes or insects, bugs,
worms or living creatures might be bred, hatched, raised or allowed
to remain or accumulate.
10.
The erection, continuance or use of any building, room or other
place in the City for the exercise of any trade, employment or manufacture
which, by occasioning noxious exhalations, causes offensive odors
discomforting, offensive or detrimental to the health of individuals
or of the public.
11.
Private sidewalks, walkways, stairs, driveways, parking spaces
and similar areas not maintained free from hazardous conditions.
12.
Accessory structures, including detached garages, fences and
walls, not maintained in structurally sound condition and good repair.
13.
Dead, dying or diseased trees or portions thereof that pose
a threat to adjoining public or private property.
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.
OPERATOR
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
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 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.
PERSON
Any person, firm, partnership, association, corporation or
other organization of any kind.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
PROPERTY
Any land owned by the City, Lake Tapawingo Country Club or
any other person and located within the City limits, including parks,
but not including streets and highways.
RUBBISH
Combustible and non-combustible 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, rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and dust and other similar materials.
STRUCTURE
That which is built or constructed or a portion thereof.
(Examples; houses, buildings, detached buildings, wells, fences, etc.)
TENANT
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
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.