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For purposes of sections 6.005 to 6.845, the following words and phrases mean:

Abandoned structure. A vacant structure that is an attractive nuisance.

Attractive nuisance. Buildings, structures, or premises that are in an unsecured, derelict or dangerous condition, including but not limited to:

(a) Unguarded machinery, equipment, or other devices which are attractive, dangerous, and accessible to children.

(b) Lumber, logs, or pilings placed or stored in a manner so as to be attractive, dangerous, and accessible to children.

(c) An open pit, quarry, cistern, or other excavation without safeguards or barriers to prevent such places from being used by children.

(d) An open, vacant structure which is attractive, dangerous and accessible to children or which is used for habitation by trespassers.

“Attractive nuisance” does not mean authorized construction projects with reasonable safeguards to prevent injury or death to playing children.

Derelict structure. A building or structure that is unfit for human habitation, or poses an incipient hazard, or is detrimental to public health, safety or welfare, as a result of one or more of the following conditions:

(a) Is unoccupied and unsecured;

(b) Is partially constructed;

(c) Is an abandoned structure or attractive nuisance;

(d) Is in condition of deterioration;

(e) Has an infestation of pests;

(f) Has doors or windows boarded over; or

(g) Other condition that in the opinion of the health officer is detrimental to public health, safety or welfare.

Developed property. A tract of land occupied preponderantly by a structure used or designed for use as a residence or a place of economic enterprise, by landscaping, by other improvement accessory to the structure, or by a combination of such land development.

Enforcing officer. Any city employee authorized by the city manager to enforce the nuisance abatement provisions of this chapter.

Feed. To place, deposit, distribute, store or scatter food, garbage or any other attractant so as to constitute a lure, attraction, or enticement for wildlife.

Graffiti. Any inscriptions, words, figures or designs, other than handbills, that are marked, etched, scratched, drawn, painted, pasted, or otherwise affixed to the exterior surface of public or private property, without the knowledge and prior consent of the owner or person in charge of the property.

Person in charge of property. An agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property or the supervision of a construction project on the property.

Person responsible. Any or all of the following:

(a) The owner of the property on which the nuisance exists or the owner of property which abuts a public way where a nuisance exists.

(b) The person in charge of the property or of property which abuts a public way where a nuisance exists.

(c) The person who causes the nuisance to come into or continue in existence.

Public way. Any street, road, alley, right-of-way, pedestrian or bicycle easement for public use.

Rodent-proof. Any building, structure or part thereof is “rodent-proof” when it is constructed of concrete, metal or some equally impermeable material and in a manner that excludes rats and mice therefrom.

Unfit for human habitation. A building or structure that, as found by the enforcing officer, is unfit for human habitation due to unsanitary conditions, infestation, accumulation of filth or contamination; lack of required ventilation, illumination, or sanitary or heating facilities; or is not connected to approved water or electricity, such that habitation would be injurious to the health, safety, or welfare of the occupants.

Unoccupied. Not legally occupied.

Unsecured. Unlocked or otherwise open to entry.

Vegetation. Plant life, including but not limited to, trees, shrubs, flowers, weeds and grass.

Wildlife. Deer, raccoon, wild turkey, bear, cougar, coyote, and wolf.

(Section 6.005 amended by Ordinance No. 18199, enacted May 31, 1978; Ordinance No. 19393, enacted July 28, 1986, effective January 28, 1987; administratively amended by Ordinance No. 19939, enacted November 17, 1993, effective December 17, 1993; amended by Ordinance No. 20165, enacted August 11, 1999, effective September 10, 1999; Ordinance No. 20598, enacted July 16, 2018, effective August 18, 2018; and Ordinance No. 20610, enacted April 8, 2019, effective May 10, 2019.)