§ 10-466. Definitions.

Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, Copyright 1981, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. The following terms are defined as follows and shall apply to all sections of this code unless defined elsewhere in the code:

Enforcement authority means the building official of the city or the person or department to whom the building official from time to time may delegate the enforcement responsibility.

Graffiti means words, phrases, designs, symbols, letters or drawings written, painted or scratched on sidewalks, fences, walls, windows, walls of buildings, trees or other structures or items.

Nuisance means the following:

(1)

Any public nuisance known and established at common law or in equity jurisprudence.

(2)

Any attractive nuisance known at common law or in equity jurisprudence, including without limitation, any abandoned wells, shafts, basements or excavations, abandoned refrigerators, inoperable motor vehicles, or any structurally unsound fences or structures, or any lumber, trash, fence, debris or vegetation which are or may be hazardous to children.

(3)

Whatever is dangerous to human life or is detrimental to health, and is contrary to the public health, safety, or welfare or in violation of the codes and ordinances of the city.

(4)

Insufficient ventilation or illumination, contrary to the public health, safety or welfare or in violation of the codes and ordinances of the city.

(5)

Inadequate or unsanitary sewage or plumbing facilities, contrary to the public health, safety or welfare or in violation of the codes and ordinances of the city.

(6)

Inadequate or unsafe electrical equipment, contrary to the public health, safety or welfare or in violation of the codes and ordinances of the city.

(7)

Inadequate or unsafe mechanical equipment, contrary to the public health, safety or welfare or in violation of the codes and ordinances of the city.

(8)

Graffiti of any type.

(9)

A tree, shrub or other similar plant of any description which creates a hazard or risk of damage or destruction to persons or property, contrary to the public health, safety or welfare or in violation of the codes and ordinances of the city.

(10)

Any other nuisance or public nuisance as defined by the codes and ordinances of the city.

Owner means any person claiming or in whom is vested the ownership, dominion, or title of real or personal property including, but not limited to:

(1)

The holder of a fee simple title;

(2)

The holder of a life estate;

(3)

The holder of a leasehold estate for an initial term of five years or more;

(4)

A buyer in possession, or having right of possession under a contract for deed;

(5)

A mortgagee, receiver, executor, or trustee in possession or control, or having right of possession or control, of real property; or

(6)

Any agent who is responsible for managing, leasing, or operation of property.

Premises means any parcel, lot, or tract of land, including any structure, building, landscaping, or trees thereon or other structure or improvement located thereon.

Structure means any residential building, nonresidential building, dwelling, condominium, townhouse, apartment unit, detached garage, shed, awning, fence, screening wall, sign, swimming pool, excavation, or any other edifice, erection or material placed or located on any property within the city and any other improvement of any kind or nature.

Tenant means any person or his agent who occupies a structure or property.

(Ord. No. 04-05, § 1(6-144), 1-20-2004)