Sec. 38-32Definitions

Accessory structure means a structure, the use of which is incidental to that of the primary dwelling or structure and which is attached thereto or located on the same lot. "Accessory structure" includes, but is not limited to, any portable, demountable, or permanent enclosure, shade structure, and carport or garage.

Alter or alteration means any change or modification in construction.

Applicable codes mean:

(1) Any optional housing or abatement standard provided in Chapter 2 of Title 8 of the Official Code of Georgia Annotated, as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property;

(2) Any fire or life safety code as provided for in Chapter 2 of Title 25 of the Official Code of Georgia Annotated; and

(3) Any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in O.C.G.A., Chapter 2 of Title 8, after October 1, 1991, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

Approved means approved by the city.

Basement means a portion of a building located partly underground, but having less than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Boardinghouse means any dwelling, or that part of any dwelling containing one or more rooming units, in which the owner or operator rents space to five or more persons with one or more meals regularly served as part of the rental or for a separate charge.

Cellar means that portion of a building having more than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

Closing means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry.

Dangerous structure means any of the following:

(1) Abandoned or vacant structure that constitutes a hazard to the health or safety of persons who may come on or near the property on which the structure is located and which is not fenced in or otherwise protected to reasonably prohibit public access thereto.

(2) A structure that is severely damaged by fire, storm or other natural or manmade causes and which has remained in such damaged condition for a period of six months or more and which constitutes a hazard to the health or safety of persons who may come on or near the property on which it is located.

(3) A structure that is in a condition of being partially constructed and construction thereon has ceased for a period of 12 months or more and which constitutes a hazard to the health or safety of persons who may come on or near the property on which it is located.

(4) Any combination of the foregoing which would constitute a hazard to the safety and welfare of any person living or property located adjacent thereto.

Department means the office of the city manager, the office of the environmental code enforcement officer of the city, the city police department, or such other department as may hereafter be designated to enforce the provisions of this article.

Director means the environmental code enforcement officer or the representative thereof. When a department other than the Office of the environmental code enforcement officer is designated to enforce this article, the term means the director of that department or the designee of such director.

Domestic sewage disposal system means a sewage disposal system designated or intended to dispose of domestic sewage which includes byproducts of domestic activities.

Drug crime means an act which is a violation of O.C.G.A. Article 2 of Chapter 13 of Title 16, as amended from time to time, known as the Georgia Controlled Substances Act.

The words "dwellings, buildings, or structures," used singly or in conjunction with each other, mean any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. The terms 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, whether or not such unit is occupied or vacant.

Egress means a means of exit from a structure or dwelling unit.

Extermination means the control or eradication 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.

Family means two or more persons living together, whether related by blood, marriage, or adoption, and having common housekeeping facilities.

Floor space means the total area of all habitable space in a building or structure.

Flush water closet means a toilet bowl flushed with water under pressure with a water-sealed trap above the floor level.

Garbage means putrescible animal and vegetable wastes resulting from the preparation, cooking, and serving of food and the storage of produce, tin cans, glass containers, and newspapers.

Governing authority means the Mayor and Council of the City of Ashburn.

Grade means the average elevation of the ground adjoining a building or structure.

Habitable room means any room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.

Heated water means water which has been heated sufficiently to ensure a temperature of not less than 120 degrees Fahrenheit at the outlets.

Inspection warrant means a warrant authorizing a search or inspection of private property where such search or inspection is necessary for the enforcement of any of the provisions of this article.

Interested party means (a) the owner; (b) those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (c) those parties having filed a notice in accordance with O.C.G.A. § 48-3-9; (d) any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court, provided, the term "interested party" shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (e) persons in possession of said property and premises.

Junked vehicle means any wrecked or non-operable automobile, truck, or other vehicle or any vehicle which does not bear a current license plate.

Maintenance means the act of keeping buildings, structures, and equipment in a proper condition so as to prevent their decline or failure.

Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development (HUD) and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

Mobile home means a detached single-family dwelling unit, designed for long-term occupancy, which has been prefabricated and then transported to its site or to a sales lot on its own wheels and requires only minor work before occupancy, such as connection to utilities or a foundation.

Multiple dwelling means any dwelling which is designed, built, rented, leased, let, or hired out to be occupied or which is occupied as the home or residence of more than two families living independently of each other, each doing its own cooking in such dwelling. 'Multiple dwelling' includes a flat or apartment.

Municipality means any incorporated city within the State of Georgia.

Occupant means any person over one year of age living, sleeping, cooking, eating, or having actual possession of a dwelling or rooming unit.

Operator means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are let.

Owner means the holder of the title in fee simple and every mortgagee of record.

Plumbing means the practice, materials, and fixtures used in the installation, repair, extension, and alteration of all piping fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting systems 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, repair, 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 approved terminal.

Premises means a lot, plot or parcel of land, including dwellings, buildings, or structures thereon.

Proper or properly means in accordance with the general provisions of this article and in accordance with standards of cleanliness, stability, and safety as required by this article.

Property means land and whatever is erected or growing upon or affixed thereto.

Public authority means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality.

Public officer means the officer or officers who are authorized by O.C.G.A. § 41-2-7 through and including § 41-2-17, this ordinance, and by ordinances adopted under O. C. G. A. §§ 41-2-7 through and including 41-2-17, to exercise the powers prescribed by such ordinances or any agent of such officer or officers.

Repair means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.

Resident means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose.

Rooming house means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

Rooming unit means any room or group of rooms forming a habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.

Safety means the condition of being free from danger and hazards which may cause accidents or disease.

Sanitary sewage disposal system means a sewage disposal system designed and intended to dispose of sanitary and domestic wastes including all liquid and solid wastes from the flush toilet, lavatory, bathtub or shower, and clothes washing machine.

Stairway means 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.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Trash means nonputrescible solid wastes, consisting of combustible and noncombustible materials such as, but not limited to, paper, cardboard, yard clippings, wood, glass, crockery, and similar materials.

Unfit for human habitation means designation of dwellings or dwelling units as so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that such create a serious hazard to the health or safety or which lack illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or the public.

Unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not necessarily for cooking or eating purposes.

Unsanitary condition means the presence of a condition which is conducive to the spreading of disease or illness, or is conducive to harboring insects, rodents, or other pests.

Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.

Water and sewer system includes private wells, public water utility mains, private septic tanks, sewage disposal systems, and public sewer mains.

Workmanlike condition of maintenance and repair means that such maintenance and repair shall be made in a reasonably skillful manner and in accordance with the requirements of all applicable ordinances.

History: (Ord. No. 2004-13, § 1.2, 9-2-2004)