§ 30-103. Definitions.

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

City manager means the city manager or the manager's authorized designee.

Code enforcement officer means any officer or employee of the city designated or authorized by the city manager to enforce the provisions of this article.

Landscaping means a combination of plants, such as trees, shrubs, vines, groundcover, flowers, vegetable plants, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered landscaping; however, maintained natural grasses and natural flowers may be considered landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, are not landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be considered landscape features.

Litter means and includes any and all rubbish, waste material, refuse, garbage, trash, debris, excrement, urine, offal composed of animal matter or vegetable matter or both, or any noxious or offensive matter whatsoever, including but not limited to, any discarded dead animal, fishing line, bait, chemical, chemical compound, petroleum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton, wrapper, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, cut weeds, branches cut from trees or bushes, brick, cinderblock, building material, paint, concrete, soil, sand, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, and liquid except water.

Nuisance means:

(1)

The conducting or maintaining of any business, occupation or activity prohibited by state statute or by this Code;

(2)

The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or premises in violation of state statute or this Code;

(3)

Any building, structure of land open to or used by the general public, the condition of which presents a substantial danger or hazard to public health or safety;

(4)

Any unlawful pollution or contamination of any surface or subsurface waters in this city, or of the air, or of any water, substance or material intended for human consumption;

(5)

Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of an agency or officer of the city, county or state, continues to be conducted or continues to exist in violation of state statute or this article or in violation of any regulation of the city, the county or the state;

(6)

Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citizens of the city, or which is offensive to the senses so as to interfere with the comfortable enjoyment of life or property;

(7)

The parking or storing of a prohibited motor vehicle in violation of section 58-42;

(8)

Any nuisance defined or declared as such by state statute or this Code;

(9)

Any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger or damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter.

Occupant means any person who occupies the whole or a part of a building, premises, or land, whether alone or with others.

Owner means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property including the holder of a certificate of purchase or certificate of redemption; and

Owner of record means the person having recorded title to the property at any given point in time at which the record is provided by the appropriate county clerk and recorder's office.

Public place means any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include, but are not limited to, public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping malls, mobile home parks, common areas of private buildings and facilities, and places of business usually open to the general public, but shall not include the interior or yard area of private homes, residences, condominiums, apartments, or mobile homes.

(Code 1985, § 6-13-1; Ord. No. 06-04, § 2, 9-5-2006; Ord. No. 09-03, §§ 1—4, 8-4-2009; Ord. No. 19-01, § 1, 4-16-2019)