[R.O. 1996 § 515.400; Ord. No. 4517 § 2, 11-3-2014]
Unless otherwise expressly stated,
the following terms shall, for the purposes of this Chapter, have
the meanings shown in this Article.
[R.O. 1996 § 515.410; Ord. No. 4517 § 2, 11-3-2014]
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.
[R.O. 1996 § 515.420; Ord. No. 4517 § 2, 11-3-2014]
Where terms are not defined in this
Chapter and are defined in the Building, Fire Prevention, Unified
Development Code, Plumbing or Mechanical Codes or elsewhere in the
Blue Springs Code of Ordinances, such terms shall have the meanings
ascribed to them as in those codes.
[R.O. 1996 § 515.430; Ord. No. 4517 § 2, 11-3-2014]
Where terms are not defined through
the methods authorized by this Chapter, such terms shall have ordinarily
accepted meanings such as the context implies.
[R.O. 1996 § 515.440; Ord. No. 4517 § 2, 11-3-2014]
Whenever the words "dwelling unit,"
"dwelling," "premises," "building," "rooming unit" or "story" are
stated in this Chapter, they shall be construed as through they were
followed by the words "or any part thereof."
[R.O. 1996 § 515.450; Ord. No. 4517 § 2, 11-3-2014]
As used in this Chapter, the following
terms shall have the meanings indicated:
CODE OFFICIAL
The official who is charged with the administration and enforcement
of this Chapter, and/or any duly authorized representatives thereof.
Generally, this is the Codes Administrator or their designee.
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; by poison spraying, fumigating,
or 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 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 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.
NUISANCE or PUBLIC NUISANCE
The following are hereby declared, defined and deemed to be detrimental to the health, safety or welfare of the residents of the City and therefore constitute nuisances for purposes of this Chapter, along with those things denominated as nuisances in Chapter
245 and elsewhere in the Blue Springs 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 diminution in the value
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, 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 urine, liquid waste from stables, swill, water
from privy vaults, wastewater, filthy wash water, or any 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, filthy
ash heaps, garbage, offal, rubbish, dirt or filth of any kind which,
by its decay or putrefaction, could or would become offensive to human
beings.
4.
The existence of any structures,
buildings and exterior property conditions harboring rodents, and
structures harboring wildlife through openings in, or deteriorated,
roofs, window and door openings, and walls, including, but not limited
to, insects and spiders such as bees and wasps, reptiles such as snakes
and lizards, birds such as starlings, and mammals such as feral cats,
squirrels and raccoons, and similar wildlife, by whatever means, including
access to the interior of such structure through openings, not promptly
exterminated by approved processes which are not injurious to human
health; failure to take proper precautions to eliminate rodent or
wildlife harborage and to prevent reinfestation. However, this shall
not include wildlife that is inhabiting a property in its natural
condition, such as in trees, shrubs, bushes or grass not kept in a
condition that is itself in violation of City codes.
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, or any leaking or broken slop,
garbage or manure boxes or receptacles of like character.
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, swimming pools,
spas, hot tubs 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
An individual, corporation, partnership or any other group
acting as a unit.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
PROPERTY
Any land owned by the City or any other person and located
within the City limits, including parks, but not including streets
and highways.
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.
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.