[Ord. No. 333, 1-4-2019]
For the purposes of this Chapter certain terms used herein are
defined as set forth in this and the following Sections. All words
in the present tense include the future tense; the plural number includes
the singular, and all words in the singular include the plural unless
the natural construction of the sentence indicates otherwise. The
word "shall" is mandatory, not directory.
ABANDONED
Any property, real or personal, which is unattended and either
open or unsecured so that admittance may be gained without damaging
any portion of the property, or which evidences indicia that no person
is presently in possession, e.g., disconnected utilities, accumulated
debris, uncleanliness, disrepair and, in the case of chattels, location.
ABATEMENT
The removal, stoppage, prostration, or destruction of that
which causes or constitutes a nuisance, whether by breaking or pulling
it down or otherwise destroying or effacing it.
BOARDED-UP BUILDING
Any building the exterior openings of which are closed by
extrinsic devices or some other manner designed or calculated to be
permanent, giving to the building, the appearance of non-occupancy
or non-use for an indefinite period of time.
BUILDING INSPECTOR
City employee so designated by the Mayor shall be inspectors
within the scope of this Chapter.
BUILDING
Any dwelling, structure, mobile home, factory built house,
or part thereof, built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
NUISANCE
Includes but not limited to:
1.
A nuisance defined by Statute or ordinance;
2.
A nuisance at common law either public or private;
3.
An attractive nuisance, whether in or on a building, a building
premises or an unoccupied lot and whether really, fixture or chattel,
which might reasonably be expected to attract children and constitute
a danger to them; including, but not limited to, abandoned wells,
ice boxes or refrigerators with doors and latches, shafts, basements
or other excavations, abandoned or inoperative vehicles or other equipment,
structurally unsound fences or other fixtures, lumber, fencing, vegetation
or other debris.
7.
Listings of conditions found to constitute public nuisances are found in Article
IV of this Chapter.
OWNER/RENTER/TENANT/LANDLORD
Any person having any interest in the real estate in question
as shown upon the records of the office of the County Assessor, or
any person with legal, financial or equitable interest in the property,
equipment or vehicle who establishes his or her interest before the
official. For the purpose of giving notice, the term "owner" also
includes any person in physical possession of the property, to include
renters, tenants, or lessers.
PROPERTY
Any real property, premises, structure, location or vehicle
on which a public nuisance is alleged to exist or Certificate of Compliance,
Occupancy Inspection Report or Occupancy Permit is required.
SUMMARY ABATEMENT
Abatement of the nuisance by the City, or a contractor employed
by the City, by removal, repair, or other acts without notice to the
owner, agent or occupant of the property except for the notice required
by this Chapter.
VEHICLE
Machine(s) used for transportation to include but not limited
to: automobile, bicycle, boat, buggy, bus, cab, car, carrier, chariot,
conveyance, crate, jalopy, jeep, mechanism, motorcycle, taxi, transport,
truck, van, vector, or wagon.
MAINTENANCE
Equipment, systems, devices and safeguards required by this
Chapter or a previous regulation or ordinance under which the structure
or premises was constructed, altered or repaired shall be maintained
in good working order. No owner, operator or occupant shall cause
any service, facility, equipment or utility which is required under
this Chapter to be removed from or shut off or discontinued for any
occupied dwelling, except for such temporary interruption as necessary
while repairs or alterations are in progress. The requirements of
this Chapter are not intended to provide the basis for removal or
abrogation of fire protection and safety systems and devices in existing
structures. Except as otherwise specified herein, the owner or the
owner's designated agent shall be responsible for the maintenance
of buildings, structures and premises.