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The following definitions are in addition to the definitions adopted from Chapter 2 of the 2018 IPMC and shall apply in the interpretation and enforcement of this Code: Abandoned Motor Vehicle. A vehicle that cannot be driven upon the public streets for reasons including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. Accessory Structure. A structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises. Board. Code Enforcement Board. Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. A combination of materials to form a construction adapted to permanent or continuous occupancy for use for public, institutional, residence, business or storage purposes. City. The City of Orlando or its agent as designated by the code official charged with the responsibility of enforcing the provisions of this Code. Deterioration. The condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance. Dwelling. Any building, which is wholly or partly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant. Dwelling Unit. Any room or group of rooms located within a dwelling and forming a single habitable unit for living, sleeping, cooking and eating whether or not such unit is occupied or vacant. Enforcement Officer. The enforcement of this Code shall be the responsibility of the code official for the City of Orlando, or such other person or persons designated by the code official or the City Council of the City of Orlando. Exposed to Public View. Any premises, or any part hereof, or any building, or any part thereof, which may be lawfully viewed by the public or any member thereof, from a sidewalk, street, alleyway, or from any adjoining or neighboring premises. Exterior of Property. Those portions of a building that are exposed to the outside and the open space of any premises outside of any building erected thereon. Extermination. The control and extermination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods. Fire Hazard. Anything or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by experts in preventing, suppressing, or extinguishing fire; or which may obstruct, delay or hinder or may become the cause of an obstruction, a delay, a hazard or a hindrance to the prevention, suppression or extinguishment of fire. Floor Area. The total area of all habitable space in a building or structure. Garbage. The animal, vegetable, fruit or other waste resulting from the handling, preparation, cooking, and consumption of food. Habitable Room. A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas are not considered habitable space. Infestation. The existence in large numbers of insects, rodents, or other pests so as to render unpleasant, unsafe or unsanitary. Major Violation. A condition existing on a premise which is below the minimum requirements set out by this Code and which is dangerous to health or safety of the occupants, passers-by, or persons in contiguous areas; or a series of minor violations which when considered together present a hazardous or undesirable condition. Minor Violation. A condition which is below the minimum requirements set out by this Code but which is not serious enough to be considered a major violation. Mixed Occupancy. Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses. Multiple Dwelling. Two or more dwelling units whose occupants are living independently of each other and doing their own cooking in the said building, and including flats and apartments. Nuisance or Public Nuisance. Any one or combination of the following: (1) Any public nuisance known at common law or in equity jurisprudence or as provided by the Statutes of the State of Florida or ordinances of the City of Orlando. (2) Any attractive nuisance, which may prove detrimental to the health or safety of children and others whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to: abandoned wells, shafts, basements, excavations, unused iceboxes, refrigerators, abandoned motor vehicles and any structurally unsound fences or structures; lumber, trash, fences, debris, or vegetation such as poison ivy, oak or sumac, which may prove a hazard for inquisitive persons. Abandoned buildings are attractive nuisances when they are unsecured or unsecurable and when, by reason of abandonment or neglect, they contain unsound walls or flooring, unsafe wiring, fire hazards, or other unsafe conditions as further defined herein. Unsafe conditions may include such neglect of security that opportunities for criminal activity persist to the danger and detriment of the neighborhood. (3) Physical or unsanitary conditions or conditions so lacking illumination or ventilation as to be dangerous to human life or detrimental to health of persons on or near the premises where the condition exists. (4) Major and minor violations of this Code which cumulatively impact upon premises to the point whereby conditions endanger human life or substantially and detrimentally affect the safety or security of occupants, nearby occupants or passers-by. (5) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings. (6) Fire hazards. (7) Trees containing limbs larger than 3" in diameter that are broken and hanging or broken and lodged/wedged in such a fashion that they present an immediate threat to adjoining properties. A tree becomes a hazard when, collectively, a substantial number of smaller limbs threaten adjoining properties as described above. A hazard also exists when a tree exhibits structural defects of any part of the tree including but not limited to cracks, hollows, rotting wood, lack of foliage, uprooting, presence of fungi, insects or disease. Operator. Any person who has charge, care or control of premises or a part thereof, whether with or without the knowledge or consent of the owner. Owner. The holder of the title in fee simple; any person, group of persons, company, association, partnership, 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 in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others: (1) shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or (2) shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, or administrator of the estate of the owner if ordered by a court to take possession, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, or assignee of rents, lessee, or other person, firm or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner. It is his or her responsibility to notify the actual owner of the reported violations of these regulations pertaining to the property that apply to the owner. Person. Includes any individual, firm, corporation, company, association or partnership. Plumbing. All of the following supplies, facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath tubs, shower baths, installed clothes washing machines, catch basins, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines and water pipes and lines; sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm water, liquid-waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptance terminal. Public Areas. An unoccupied open space adjoining a building and on the same property, that is maintained accessible to the public and free of encumbrances that might interfere with its use by the public. Public Nuisance. See Nuisance. Refuse. All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, tires, and solid market and industrial wastes. Repair. The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or hearing installations, or that would be in violation of a provision of law or ordinance. The term "Repair" or "Repairs" shall not apply to any change of construction. Residential Occupancy. A building in which sleeping accommodations are provided, and all dormitories, shall be classified as "Residential Occupancy." Such buildings include, among others, the following: dwellings, multiple dwellings, lodging houses, and rooming houses. Rooming House. A dwelling used, or intended to be used, for the furnishing of sleeping accommodations for pay or other considerations to transient or permanent guests. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Sanitary Sewer. Any sanitary sewer owned, operated, and maintained by the City of Orlando and available for public use for the disposal of sewage. Sewage. Waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine. Stairway. One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Structure. A combination of any materials, whether fixed or portable, forming a construction, including buildings. Violator. Any owner, operator, or legally responsible person who owns or maintains property in violation of City codes. Owners are ultimately responsible for controlling conditions and uses on their property. Washrooms. Enclosed space containing one or more sinks, tubs, showers, or basins and which shall include toilets, urinals, or fixtures serving similar purposes. Water Closet Compartment. Enclosed space contained one or more toilets that may also contain one or more lavatories, urinals and other plumbing [fixtures]. Weathering. Deterioration, decay or damage caused by exposure to the elements. Yard. An open space at grade between a building or structure and the adjoining lot lines unoccupied and unobstructed by any portion of a building or structure from the ground upward. |
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(Ord. No. 2018-33, § 2, 8-6-2018, eff. 1-1-2019, Doc. #1808061204) |