§ 14-4. Definitions.

Unless otherwise noted, terms not defined herein shall have their meaning as defined in the zoning resolution, the development regulations, and the construction code, or in the absence of such definition, words shall have their common dictionary definition. Whenever the terms "dwelling unit," "premises," "building," "roominghouse," "rooming unit" or "story" are stated in this chapter, they shall be construed as if they were followed by the words "or any part thereof." The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bathroom means a room containing plumbing fixtures, including a bathtub or shower.

Bedroom means a separate room planned or intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.

Boarding-up means erecting, installing, placing, or maintaining boards over the doors, windows, or other openings of any building or structure or otherwise securing such openings by a means other than the conventional method used in the original construction and design of the building or structure.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Evidence of utility usage means a bill or invoice from a supplier of water, electric, and/or gas which includes, at a minimum, the base charge charged by such supplier for utility usage at the property indicated on such bill or invoice.

Exterior property means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Habitable space means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, garages, and similar areas are not considered habitable spaces.

Junk vehicle means any vehicle, automobile, truck, van, trailer of any kind or type, or contrivance or part thereof which is wrecked, dismantled, partially dismantled, stripped, partially stripped, inoperative, abandoned, discarded, or kept parked, stored or maintained on any premises or public right-of-way without a current license plate and/or decal displayed on the vehicle.

Local agent means any person or entity empowered by a creditor, mortgagee, or transferee to:

(1)

Ensure security and maintenance;

(2)

Comply with code enforcement orders issued by the county;

(3)

Provide a trespass authorization upon request of an enforcement officer;

(4)

Conduct inspections; and

(5)

Serve as an agent authorized to receive any citation under this chapter and notice pertaining to any court or enforcement proceeding in connection with the enforcement of this chapter.

Maintenance means the act of keeping property, structures or vegetation in a proper condition so as to prevent their decline, failure or uncontrolled growth.

Occupancy means the purpose for which a building is utilized or occupied.

Occupant means any individual living or sleeping in a building or having legal possession of a space within a building.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy. A real estate broker or salesperson licensed pursuant to O.C.G.A. tit. 43, ch. 40 is not an operator for the purposes of this chapter unless such broker or salesperson is under contract to provide property management services to the owner of such structure or premises.

Owner means 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 or county 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.

Premises refers to a lot, plot or parcel of land, including any structures thereon.

Property means any unimproved or improved residential or nonresidential real property, or portion thereof, situated inside the City limits and includes the buildings or structures located on the real property regardless of condition.

Rubbish means discarded waste paper, cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances, metals, cans, glass, crockery, and/or similar materials.

Securing means such measures as may be directed by the City administrator and/or his/her designee that render the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings.

Swimming pool means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an aboveground pool, having a depth of more than 30 inches, designed, used, and maintained for swimming and bathing.

Tenant unit means an individual unit of a building or structure intended to be occupied or used by an occupant for a fixed period of time through a lease or rental agreement with the property owner.

Toilet room means a room containing a water closet or urinal but not a bathtub or shower.

Trash means combustible and noncombustible waste material, except garbage, including paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, bricks, lumber, concrete, mineral matter, glass crockery, and including the residue from the burning of wood, coal, coke or other combustible material.

Vacant structure.

(1)

The term "vacant structure" means a building or structure that is:

a.

Not legally occupied for a period of at least 60 days, without evidence of water, electric and/or gas utility usage;

b.

Is partially constructed or incomplete after the building permit authorizing its construction has expired; or

c.

Held pursuant to a judicial foreclosure of a mortgage, deed of trust, security deed, or other security instrument securing a debt or obligation owed to a creditor or a deed in lieu or contemplation of foreclosure in full or partial satisfaction of a debt or obligation owed to a creditor.

(2)

The term "vacant structure" shall not include a building or structure under a common ownership which is designed for and contains multiple tenant units and where at least one tenant unit is occupied with evidence of utility usage.

Weeds means all rank vegetative growth, including, but not limited to, kudzu, poison ivy, jimsonweed, burdock, ragweed, thistle, cocklebur, dandelion, plants of obnoxious odors, or other similar unsightly vegetative growths; however, the term "weeds" shall not include cultivated flowers, fruits and vegetables, and gardens.

Yard trimmings means leaves, brush, grass clippings, pruned shrub and tree debris, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural, and silvicultural operations.

(Code 1993, § 14-285; Ord. of 3-16-2014, § 14-285)